May 10, 2023, 19:05:00
Recently, Lawyer Tong Jianhua, Director of our firm and one of the first batch of specially invited mediators appointed by the Yuexiu District People's Court of Guangzhou, successfully mediated a foreign-related and Hong Kong-related commercial case related to the Canton Fair. With the plaintiff's agent located in Nanjing and the defendant in Guangzhou, the mediation was conducted synchronously online and offline.
Lawyer Tong Jianhua explained relevant Chinese legal provisions and international conventions to the parties, clarified objective factors such as extraterritorial evidence collection, extraterritorial appraisal, litigation costs, risks, and cycles, and guided both sides to negotiate amicably. The mediation process took less than 50 minutes, during which the two parties reached a mediation agreement and remotely signed it through an online platform. After the successful mediation, both sides expressed trust and recognition of Lawyer Tong's professionalism.
Media Coverage Highlights
- Yangcheng Evening News (May 6, 2023, Page A03): "50 Minutes! Cross-border Commercial Dispute at Canton Fair Resolved 'Online'"
- Official WeChat of Guangzhou Intermediate People's Court (May 5, 2023): "Yuexiu Court Invites Hong Kong Mediator to Successfully Mediate Cross-border Commercial Dispute at Canton Fair Online"
- Yuexiu Political and Legal Affairs (May 5, 2023): "50-Minute Rapid Dispute Resolution! Yuexiu Court's Special Hong Kong and Macao Mediators Thanked by Both Parties"
- Guangzhou Daily Client (May 5, 2023): "Yuexiu Court Successfully Mediates Cross-border Commercial Dispute at Canton Fair Online"
Case Background
- Parties: Plaintiff (Hong Kong company) vs. Defendant (Guangzhou building materials company)
- Dispute: From 2014 to 2018, the plaintiff purchased aluminum composite panels from the defendant, which were resold to a Colombian client. After installation, the panels showed fading and stains, leading to a stalemate and legal action.
- Challenges: Cross-border evidence collection, legal application complexities, and high litigation costs prompted both sides to seek mediation during the Canton Fair to avoid missed trade opportunities.
Mediation Process
Lawyer Tong leveraged the Canton Fair context to advise: "Litigation during the Canton Fair will harm both sides' cooperation interests. The panels installed in Colombia involve extraterritorial evidence collection, which is costly. Consider the risks and timeline before proceeding." Guided by the Yuexiu Court, the parties reached a comprehensive mediation plan within 50 minutes, signing remotely via an online platform.
About Lawyer Tong Jianhua
- Experience: 30-year practice, arbitrator for multiple institutions, consulting expert for the Standing Committee of the 12th Guangdong Provincial People's Congress.
- Notable Cases: Chief defense lawyer in the 1998 Zhang Ziqiang Gang Case (recorded in the Guinness World Records), pioneer in cross-border legal services.
- Hong Kong Expertise: Registered foreign lawyer with the Law Society of Hong Kong, familiar with Hong Kong corporate operations.
Commitment to the Greater Bay Area
Lawyer Tong emphasized mediation's efficiency in reducing costs and risks, stating: "As the Greater Bay Area develops, lawyers must enhance professional capabilities to serve cross-border commercial needs and promote regional integration."
The joint firm he founded, Honour Chen (Guangzhou) Joint Law Firm—the first Guangdong-Hong Kong joint firm in Yuexiu District—provides one-stop international legal services for Greater Bay Area enterprises and "Belt and Road" clients, specializing in cross-border disputes, M&A, family wealth planning, and more.