王雁 Vicky Wang

Ms WANG Yan holds an LLB in Maritime Law from Shanghai Maritime University and an LLM in Commercial and Corporate Law from the University of Southampton, UK.  She joined Wintell in 2012.  She has developed a strong practice in shipping and aviation, and international trade, with a particular focus on complex cross-border commercial matters.  She has extensive experience representing clients in both domestic and international litigation and arbitration, and regularly advises on disputes involving multi-jurisdictional elements.  

In recent years, Ms WANG has provided comprehensive international economic sanctions and corporate compliance legal services to various clients, including leading international logistics companies and shipowners.  Her services encompass a wide range of aspects, including applying for delisting for clients who were wrongfully listed in the SDN list by OFAC, formulating urgent response plans, and issuing legal opinions for the series of problems that clients face after being sanctioned.  She also advises clients on establishing and updating company's sanctions risk control and compliance system.

She has a meticulous and insightful legal mindset and also easy to communicate.  With her deep understanding of the complex global legal environment and world-class law-school education, she not only is a fluent English speaker who is able to liaise effectively with overseas entities, but also fully capable to provide professional one-stop legal services to clients in these complex cross-border disputes.

She is now honored as Standing Committee Member in International Law Committee in Shanghai Bar Association.  She is a Registered Foreign Lawyer before the Singapore International Commercial Court (“SICC”).

• Following the designation of MV XUAN NING on the U.S. SDN List in 2023, the vessel owner faced severe disruption to international operations.  Acted for the vessel owner, Jinghan Shipping, led a coordinated China–U.S. legal strategy and achieved full, unconditional lift from the SDN List.  This case stands as a rare and precedent-setting victory, demonstrating how Chinese enterprises can break through sanctions barriers through strategic legal advocacy.

• Advised clients on delisting, and heldped clients to persuade the U.S authority to lift all those sanctions and delisted clients from the SDN list eventually.  This case is a rare example in recent years where a Chinese company obtained the comprehensive lifting of US economic sanctions without paying any fines or being subject to any follow-up conditions.  The achievement not only demonstrates the effectiveness of reasonable and active legal action, but also highlights the importance of persistence and determination in the face of adversity.

• Represented PICC in the very first war risk policy dispute in China involving the vessel MV "EVER JUDGER".  The case involved parallel proceedings in CMAC arbitration and the PART 20 CLAIM in the High Court of Justice, United Kingdom. Moreover, it involved a number of civil, administrative and criminal litigation disputes in Balibapan, Indonesia, the disputing amount in this case has reached US$30 million, and was finally settled on a global scale through multiparty settlement.

• Advising several international AFRAMAX tanker owners on removing of their vessels from the U.S. SDN Sanctions List, including assisting in applying for de-listing, preparing the affidavit, advising on the establishment of compliance systems for shipowners, ship management companies and commercial management companies, and advising on the handling of a series of disputes arising under marine insurance contracts in the event that a vessel is sanctioned.

• Advising clients on compliance and economic sanctions precautions, including issuing reports on EU and US sanctions against Russia in the context of the conflict between Russia and Ukraine; issuing assessment reports and compliance suggestions, drafting compliance rules; assisting client in updating and amending International Business Compliance Policy and Process Manual; conducting compliance training to global management level and key employees, and providing advice on assessment of Russia-related compliance risks for specific trade voyages, review and amendment of compliance terms and correspondence, etc.

• Advising a state-controlled Chinese shipping company on removing of its vessels from the U.S. SDN Sanctions List, including assisting in applying for delisting with OFAC, preparing the affidavit, advising on emergency response strategies and issuance of corresponding legal opinions after the vessels were sanctioned.

• Advising one of China’s top 500 enterprises on compliance and economic sanctions precautions, including providing compliance suggestions, drafting compliance rules, conducting compliance training to key employees, review and amendment of compliance terms and correspondence, etc.

• Shanghai Port debuts LNG services - Advised Shanghai International Port Group (SIPG).  In March 2022, Shanghai Port completed the first ship-to-ship liquefied natural gas (LNG) simultaneous refuelling operation at a Chinese port, becoming the third port in the world with LNG bunkering capabilities after Rotterdam and Singapore.  The upgrade was made possible by the establishment of Shanghai SIPG Energy Service (SSES), a joint venture between SIPG and Shenergy Group, and the importing of Avenir Allegiance, the world’s largest LNG bunkering vessel, from UK-based Avenir LNG.  Under a long-term co-operation agreement between Avenir and SSES, Avenir will handle the global marketing of LNG bunkering services in Shanghai Port.  After some deliberation, Wintell proposed the execution of a sale and purchase agreement between Avenir and SSES, separate from Avenir’s original shipbuilding and delivery contract for the vessel.  The parallel execution of two contracts is designed to improve negotiation efficiency compared with a novation agreement, the traditional go-to method in shipping contracts.  This matter was recognized in China Business Law Journal as one of the Deal of the Year 2022 under the Cross-Border Transactions.

• From 19 October 2023 to 18 January 2024, having successfully completed the Singapore-Shanghai Layers Exchange Programme

• Top Ten Outstanding Young Lawyers of Pudong New Area, Shanghai, 2024
• Recognized in 2024 as a “Dingxin Legal Talent” by the Shanghai Municipal Bureau of Justice
• Leading Individual in Shipping in the Legal 500 Asia Pacific Guide 2024

· 《在国际制裁面前，中国企业如何夺回主动权？》首次出版于《商法》（China Business Law Journal ）2023年5月号。

链接：https://mp.weixin.qq.com/s/A3Rl-pp8qeY8xmza0kr8Xw