Wenhao Han is a Partner in Spencer West’s Dispute Resolution Group with over 18 years of extensive experience working both in China and London and specialises in cross-border commercial litigation, arbitration and mediation.
Wenhao represents and assists multi-national corporates, professional service firms, financial institutions as well as private clients in resolving multi-jurisdictional disputes arising from financing and acquisition transactions, shareholder agreements, international trade & logistic contracts, insurance, contentious trust, distressed fund and commercial fraud. He also helps clients in handling investigations, injunctions, enforcement and interim measures in support of arbitration and insolvencies. His recent cases include commercial disputes and insolvency cases in the British Virgin Islands and Cayman Islands.
Wenhao is a Solicitor-Advocate with Higher Rights of Audience in England and Wales and in the British Virgin Islands. He is also qualified in the PRC and Australia. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a member of the London Court of International Arbitration (LCIA), a supporting member of the London Maritime Arbitrators Association (LMAA) and an arbitrator in Hainan International Arbitration Court (HIAC) and Shanghai International Arbitration Centre (SHIAC).
Wenhao has recently been listed on Asia Legal Business as lawyers of client choice for both China and Offshore dispute resolution in 2022 and 2023 respectively.
Examples of Wenhao’s Work
International Arbitration
- Acting as arbitrator in LMAA arbitration arising out of off-hire disputes due to Covid-19 quarantine detention under charterparty for voyage from Russia to China;
- Acting for a Chinese client in LMAA arbitration to defend a claim for commission arising out of an exclusive agency agreement for the sale of a super yacht of over USD 6.5 million;
- Advising shipyards on delay and quality claims arising out of shipbuilding contracts in the English High Court proceedings;
- Acting for a Chinese parent company guarantors in LMAA arbitration and successfully defended the obligation to pay under refund guarantees;
- Acting for shipowners in LCIA arbitration in relation to claims against insurers arising out of a Charterers Default Insurance Policy;
- Advising a Chinese major shipping line on appeal of an award of Turkish arbitration seated in London under s.68 of the AA 1996;
- Advised a Chinese client to defend a claim for unpaid charter hire in relation to the chartering of a super yacht of over USD17 million under LMAA rules;
- Acted a UK solar energy company on disputes in relation to the sale and purchase of solar product from Taiwan in ICC arbitration;
- Advising on Cayman law in an HKIAC arbitration in relation to redemption disputes under shareholders agreement against a Cayman company;
- Advising UK insurers on subrogation recovery claims arising from sale and purchase agreement of expensive metals in CIETAC arbitration;
English commercial disputes and insolvency proceedings
- Acting for a Chinese SOE in English High Court proceedings to defend its obligations under Letter of Indemnity for discharge of cargo without original bills of lading;
- Acting for a Chinese private company in English High Court proceedings to defend anti-suit injunctions in relation to parallel proceedings in Cameroon for the sale of coals of over USD 10 million;
- Advising a Chinese listed mining company on the termination of a world-wide exclusive agency agreement for sale of mining products in the Republic of Congo;
- Advising a public listed Chinese company on their USD 500 million energy projects involving the building, chartering and sale of VLEC vessels for the transport of Ethine gas from USA to China;
- Advising a Chinese high net-worth individual on claims against an LSE listed company (suspended trading) for unpaid convertible loan notes;
- Acting for a Chinese high net-worth individual to pursue s.994 petition in the English High Court in relation to shareholder disagreements;
- Advising a HK client to defend in cross-border insolvency proceedings before the English High Court for claims of USD 12 million;
- Advising a HK client to investigate the standing of its claimant in proceedings in Hong Kong with the letter of administration issued in the U.K for claims of over USD 30 million in investment agreement;
- Advising a Chinese client in English court proceedings to pursue bankruptcy proceedings against a debtor for claims over USD 3 million for unpaid debt;
- Acted for a Chinese finance leasing company to claim against a Maltese shipowner for breach of exclusivity in the Letter of Intent and successfully settled the claim with recovery of costs;
- Acting for the UK subsidiary of a leading Chinese international modular building manufacturer to defend claims for defective products in the UK and successfully negotiated with the liquidator to settle the claims;
- Advising a Chinese high net-worth individual on claims against the seller of a UK premier league football club for misrepresentation in relation to the SPA;
- Advising a Chinese listed company on the settlement of multiple claims under shipbuilding contracts of over USD 40 million with buyers under English law;
- Advising a Chinese listed company to pursue a claim of over USD 90 million for breach of warranties in SPA in relation to the acquisition of an Italian sport media company;
- Advising an international hotel group on claims under business interruption insurance arising from the Covid-19 restrictions in China.
Offshore Litigation
- Acting for the majority shareholder of a BVI holding company in board control disputes and defending injunctions application and unfair prejudice claim in the BVI court;
- Acting for a Swiss Company to seek information of a BVI company in support of arbitration in the PRC through Norwich Pharmacal Order in the BVI court;
- Acting for an investor of a Cayman fund claiming right of options and payments of unpaid carry in a strike out application in the Grand Court and appeal at CICA;
- Advising the beneficial owner of shares in a BVI holding company in a nominee shareholder dispute and various injunctions to restore control of the company;
- Acting for the majority shareholder of a dissolved Cayman company to trace assets and to set aside fraudulent transactions carried out by various companies in a VIE structure in the Grand Court;
- Advising the founder of a NYSE listed Cayman company in a dispute with his financial advisors arising out of pre-IPO share allotment adjustment;
- Acting for a dissolved Cayman company with court application to restore the company in the Grand Court of Cayman Islands