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Tan Jinghui

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tanjinghui@jundufirm.com

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010-65862898

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Tan Jinghui

The founding partner of Beijing Jundu law firm, Dean of Jundu Engineering Law Research Institute, Master of Laws of China University of Political Science and Law, Master of Structural Engineering of Tongji University, Bachelor of Underground Architecture and Engineering, Ms. Tan has been engaged in engineering construction and real estate development for nearly 30 years.

Introduction

Practice Areas
Engineering real estate, arbitration and litigation

Education
-Master of law, China University of Political Science and Law
-Master of structural engineering, Tongji University

Practice Description

Ms.Tan Jinghui has been engaged in legal affairs in the field of engineering construction and real estate development for nearly 30 years, and served as the general legal adviser of a major central enterprises.

Social service

-Legal adviser, marketing department, Ministry of housing and urban rural development

-Expert member of construction industry transformation and upgrading Professional Committee of Ministry of housing and urban rural development

-PPP expert for National Development and Reform Commission and Ministry of Finance

-Arbitrators of China International Economic and Trade Arbitration Commission

-Arbitrators of Beijing Arbitration Commission / Beijing International Arbitration Center

-Arbitrators in Shanghai, Shenzhen, Wuhan and other places

-Vice president of Law Commission of China Construction Industry Association

-Experts from China Tendering and bidding Association

-Experts of China Construction Project Cost Management Association

-Deputy director of school enterprise cooperation committee of China Construction Education Association

Professional qualification

PRC lawyer qualification

Professional cost engineer

Chartered builder of the UK

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Number of views:

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Classic performance

Engineering construction and real estate development project experience

To provide legal services for major national construction projects, such as Hong Kong Zhuhai Macao Bridge Island tunnel project, Beijing Daxing International Airport, Beijing new landmark "zhonghuazun" project, xiong'an New Area No.1 Project Citizen Service Center project, and to draft the documents of xiong'an New Area bidding and procurement standard system; to participate in the legal services of Beijing affordable housing construction project of the State Council Administration of organ affairs, and to complete the project It is the first demonstration project in Beijing.

Other representative projects include CCTV new site construction, CNOOC headquarters building, Bank of China head office project, CYTS headquarters building project, new poly building project, new Hualian building project, Tianjin Southern New Town Development and construction project, Hunan Zhaoshan yangtianhu development and construction project, Vanke Beijing first self owned commercial housing project.

They are the renovation project of shanty towns and dilapidated houses in Nanchang District of Wuxi City, the exhibition center project of Taizhou medical city park in Jiangsu Province, the development project of China Railway Miyun real estate, the development and construction project of chaofeng'an resettlement house in Changping District of Beijing, the development and construction project of Business College in Ganjingzi District of Dalian City, the development and construction project of Binjiangxi road in Qiongshan District of Haikou City, the development and construction project of Haitangwan in Sanya City of Hainan Province, and the construction project of Xi'an Garden Expo We provide legal services for the following projects: construction project, Hebei Chongli Miyuan development and construction project, Laizhou Yunfeng Road Development and construction project, China Environment museum project, Miyun Capital Normal School West Development and construction project, Zhongguancun West District No.23 development and construction project, Chengdu HengAn garden development project, etc.

Qualification and experience of dispute resolution in engineering litigation

The higher people's court and the Supreme People's court are the main agencies in handling litigation cases. Lawyer Tan Jinghui has hosted a number of litigation disputes including the Supreme Court and the local circuit courts (except the first tour), most of which are the second instance cases of the Supreme Court. Major cases include Zhunxing heavy haul expressway construction contract dispute case (subject value is up to 3 billion), Henan neideng expressway project construction contract dispute case of multiple bid sections (cumulative subject value is more than 2 billion), Beijing Tongying center construction general contracting project dispute case, Chongqing Shandong building project construction contract dispute case, Shenyang Michelin High Tech Co., Ltd Disputes over environmental protection relocation and expansion project of performance radial tire, construction contract disputes over construction project of modern power, electronics and Telecommunications Industrial Building, subcontract disputes over construction project of decoration project of Dingmao elite apartment in Zhenjiang science and Technology Innovation Park Phase III, and entrusted supervision contract disputes over construction project of dabailou phase II CCHP, etc.

Qualification and experience of dispute resolution in engineering arbitration

Ms. Tan served as an arbitrator in more than 20 domestic institutions and was the chief arbitrator in several classic engineering disputes.

In addition, lawyer Tan Jinghui has been acting as an agent in handling a number of large-scale construction project dispute settlement cases, including: the hotel project arbitration dispute cases in Taiyuan and Beijing under the jurisdiction of the Hong Kong International Arbitration Center, the dispute cases of organizing Kazakhstan project in Stockholm arbitration court, Sweden, dre dispute settlement case of Tanzania highway project, Shenzhen International Arbitration The court has jurisdiction over the arbitration cases of contract disputes of Haikou Meisha project, the case of consulting contract dispute of Guyan TOD project, the case of haihewan project consultation contract dispute arbitration in Binhai New Area of Tianjin, the high-level disputes of the head office building project of Bank of China under the jurisdiction of China Trade Arbitration and the supplier subcontractors such as Hong Kong, Italy, etc., Shangri La under the jurisdiction of China Trade and Huayuan Real Estate in Beijing The cooperation and development disputes of the project, etc.

On the achievements of works

Monograph works:

Difficult problems and legal practice of construction engineering, Law Press

Problems and legal practice of PPP

Co authors:British Construction Engineering Law, Law Press

Editor in chief:

Entrusted by the Ministry of housing and urban rural development, as editor in chief, he compiled the guide to the use of construction contract (model text) (gf-2013-0201), China City Press, 2015, 760000 words

Bidding procurement contract management, China Planning Press, 2015, 470000 words;

Bidding laws, regulations and policies, China Planning Press, June 2013, 380000 words;

Legal basis of bidding procurement, China Construction Industry Press, August 2013, 350000 words;

Construction labor management, China Construction Industry Press, August 2012, 530000 words

Professional practice of bidding procurement, China Planning Press, may 2012, 530000 words;

Infrastructure market oriented investment and financing practice, economic daily press, April 2012;

Bidding laws, regulations and policies, China Planning Press, June 2011, 370000 words;

Bidding laws, regulations and policies, China Planning Press, March 2010, 370000 words.

Participating works:

Beijing Arbitration Commission / Beijing International Arbitration Center, annual observation on China's commercial dispute settlement annual observation on China's engineering dispute settlement (Chinese English version), 2013-2017, China Legal Publishing House, 30000 words.

Published articles:

"Analysis of the impact of epidemic events on contract performance -- Analysis from the perspective of force majeure", march2020, China Trade and Economic Commission;

"Analysis of the impact of epidemic prevention cost on the construction cost mechanism", February 2020, Construction Magazine

"The influence of improper administrative act on the effectiveness of PPP contract", April 2017, the official account platform of China Economic Development Commission of the national development and Reform Commission, "PPP guide".

"The general principles of civil law promulgated are of some reference significance to the PPP mode". In 2017, the official account of the PPP center and the official public platform of the Ministry of finance were "Dao PPP".

Study on the difficult legal issues of franchise contracts, 2017, the official account platform of China Tendering and bidding Association.

Six legal issues of the platform, 2017-01 "procurement by the Chinese government";

"Orderly, diligent and conscientious, jointly promote the demonstration effect of PPP Projects - thanks to the third batch of demonstration projects review of the Ministry of finance", 2017 PPP center of the Ministry of finance;

"Rule by rule" ren'er Bank - from the third batch of demonstration projects review to see the supervision of sponge City PPP project 2017, the 19th issue of PPP micro Forum;

"Research on common legal problems of franchise contract", bidding and procurement management, 2016, issue 11, total No. 51;

Prevention and control of risk points of underground comprehensive pipe gallery PPP project, construction enterprise management, November, 2016, total 339;

Summary and analysis of main legal issues in the concrete industry, October, 2016, read without lawsuit;

"The role of expert assistant in construction project disputes", the construction times, September 2016;

"Study on the start of construction period appraisal and the selection of appraisers" in the construction times, August 2016;

Jurisdiction, recognition and commitment of quality responsibility after the expiration of quality warranty period, July 2016, official account platform for Star Construction Law.

"Some opinions on further promoting the development of EPC", July, 2016, China Survey and design issue 07;

"More perfect supervision mechanism for real estate crowdfunding", commercial law, june2016, No. 6, Series 7;

Summary of key points of construction project dispute judgment (judgment opinion + Case + analysis), March, 2016, no litigation reading;

Key points of performance appraisal of sponge City PPP project, published in 2016 by the National Law Association Housing Construction Committee;

Legal risk prevention of relevant parties of PPP stock project was published in the National Law Association housing construction commission in 2016;

Nature of PPP project contract and dispute resolution, published in 2016 by the National Law Association housing construction commission;

"Several opinions > new development of general contracting for booster projects", 286 of China Survey and design, 2016;

"Study on the legal nature and arbitration of franchise agreement", Beijing Arbitration, 2016 Beijing Arbitration Commission, 96 series;

On the legality of "taking audit results as the basis of project completion settlement", bidding and procurement management in March 2016;

Seven legal problems of PPP project for political procurement, China government procurement report, january2016;

"Strengthening contract management to realize the leap of quality of bidding practitioners", bidding and procurement management in August 2015;

Select social investors of PPP project, China economic guide in July 2015;

Legal Analysis on the selection of social investors of PPP project, bidding and procurement management in may2015;

The basic principles and some practical legal issues of EPC mode of general contracting project, January 2015, the official account platform of China Coal Construction Association;

Analysis of the effectiveness of construction contract, bidding and procurement management in November 2014;

Analysis of the legal regulations and policies of bidding and procurement, March, 2014 and 2014, bidding and procurement management;

Interpretation of new provisions of construction contract 2013, 2013 No. 13 "building";

Annual observation on dispute settlement of China Construction Project 2013, Beijing Arbitration, 2013, Part 1;

The latest interpretation of several legal issues of the law on bidding and bidding, 2012, Part 2, Beijing Arbitration;

"Analysis of the existing problems of the legal system of bidding and bidding in China", 2011 "Bidding Law" tenth anniversary of the implementation of the paper collection;

"Looking at the legal risks of overseas project contracting from a classic case", construction technology, 2011;

New advance of tort liability law and project risk prevention, 2011;

"The development of legal system and dispute handling of construction projects", 2010 No. 4 Beijing Arbitration;

On the legal nature and practical application of BT model, 2010;

On the UK construction engineering award system and its reference, 2009 No. 1 Beijing Arbitration;

"The status and development of the legal system of bidding and bidding", China Bidding (2009) 50;

How to realize the value of mediation in arbitration, 2008 sixty-seventh edition of Beijing arbitration;

Characteristics and solutions of legal disputes in international engineering, 293 international engineering and services, December, 2008;

"The Contractor's right to suspend work shall be stipulated by legislation", Legal Daily, December, 2008;

On the legal application of the sale of military real estate and its contract effect, 2008;

"The legal nature and application of EPC model", 2008, legal press "legal review of construction project".

Industry action

Participating in the legislation of engineering construction and national standard text

As drafter and core member, he participated in the drafting of legislation and normative documents and standard texts of many national ministries and commissions, including:

1. As a consultant of the Ministry of housing and urban rural development, he provided legislative suggestions for the construction contract chapter of the civil code;

2. As a targeted unit of the Ministry of justice, it puts forward a proposal report on the revision of the draft of the bidding law

3. Participated in the legislative work of the regulations for the implementation of the bidding law of the national development and Reform Commission, and won the Certificate Award;

4. Discussion on the regulations of the State Council on cooperation between government and social capital in the field of infrastructure and public services (Draft for comments);

5. As a consultant of the Ministry of housing and urban rural development, I compiled the interpretation of the regulations on the payment of migrant workers' guaranteed wages;

6. Head of the compilation group of 2013 and 2017 construction contract (model text) of the Ministry of housing and urban rural development;

7. Project leader of "construction professional subcontract (model text)" and "construction labor subcontract (model text)" of Ministry of housing and urban rural development;

8. Members of the research group participated in the drafting of the general contracting management measures for housing construction and municipal infrastructure projects issued by the Ministry of housing and urban rural development;

9. The leader of the research group is responsible for the preparation of the cooperation agreement between government and social capital (model text) issued by China Tendering and bidding Association;

10. During the epidemic period in February 2020, we will take the lead in the preparation of "PPP industry impact report during the epidemic period" organized by China Trade Commission;

11. As the leader of the research group of "Research on litigation risk management of construction enterprise qualification administrative license" of the Ministry of housing and urban rural development;

12. As the leader of the research group of "Research on the application of project guarantee in the field of construction" of the Ministry of housing and urban rural development;

13. As a consultant of the Ministry of housing and urban rural development, participated in the drafting of the draft of general contract for construction projects (model text) (DB);

14. As the legal adviser of the Ministry of housing and urban rural development, I put forward opinions on the merger of judicial interpretation of construction contract tried by the Supreme Court;

15. Participate in the discussion and revision of the national standard of the Ministry of housing and urban rural development, code for valuation and measurement of general contracting of construction projects (Draft for comments);

16. As a core member, he participated in the management measures for franchise of infrastructure and public utilities, bidding documents for general contracting of standard design and construction, bidding documents for concise standard construction, bidding documents for standard goods, bidding documents for standard survey, bidding documents for standard design, bidding documents for standard supervision and bidding documents for standard service, etc. which were approved by nine ministries and commissions Drafting and discussion of the project;

17. The drafting and discussion of the Ministry of housing and urban rural development's "administrative measures for the identification, investigation and treatment of illegal acts of construction subcontracting and other illegal acts of construction projects";

18. Management measures for contract awarding and contract pricing of construction projects, Interim Provisions on quality deposit of construction projects, opinions on further strengthening quality responsibility and ensuring the quality of residential projects, etc;

19. Participated in the drafting and discussion of the Ministry of housing and urban rural development's "construction law", "construction project quality management regulations", "construction market management regulations", "construction project cost management regulations", "Supervision Regulations" and "wage payment regulations";

20. Participate in the judicial interpretation of the Supreme People's Court on construction contract (2) and put forward written expert opinions;

21. Participate in the evaluation of the national standard "code for appraisal of construction project cost" prepared by China Engineering Construction Cost Association;

22. Participate in the application seminar of the regulations on the administration of foreign contracted projects (2008) organized by the Ministry of Commerce;

23. Participate in the discussion on the draft of guidance on hearing construction contract disputes organized by Beijing High Court and Beijing Arbitration Commission;

24. Participated in the compilation of the textbook "legal basis of bidding and procurement" for five consecutive years;

25. As the deputy editor in chief and the main writer, compile the national laws and regulations examination textbook of bidding procurement laws, regulations and policies;

26. As the core teacher of the proposition group, he has participated in the proposition work of the national professional tender examination for five consecutive times;

27. As the leader of the research group, be responsible for the preparation of "quality responsibility determination after the expiration of quality warranty period" by Beijing Arbitration Commission;

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Jing Xu