Armstrong Chen - Professionals

Armstrong Chen, Doctor of Law, Doctoral Fellow of Economics of Fudan University, Senior Partner of Dentons China, leader of Dentons Global Banking and Finance, Dentons Shanghai Insurance and Financial Technology. He has profound and comprehensive experience in dealing with financial compliance, dispute resolution and legal practice.

Armstrong Chen graduated from Chang An University, Northwest University of Political Science and Law, Queen Mary University of London, and achieved Sustainable Development Management Degree of Swedish Institute. He also holds Chevening Scholarship and Five-virtue Family. He served as the adjacent professor and supervisor for master students in Tsinghua University, Renmin University of China, China University of Political Science and Law, University of International Business and Economics, Fudan University, Shanghai Jiao Tong University, Shanghai University of Finance and Economics and East China University of Political Science and Law. He has been a visiting scholar in Georgetown University, University of Chicago and the University of Hong Kong. He is the director of Shanghai Law Society Banking Legal Practice Research Center.

Armstrong Chen worked in China Banking and Insurance Regulatory Commission (CBIRC), People’s Bank of China (PBOC) and State Administration of Foreign Exchange (SAFE), specialized in innovation supervision, financial industry legislation, administrative penalty, legal counselling, foreign financial institutions supervision as well as capital account management. He participated in the investigation, draft, demonstration, review, interpretation and modification of numerous laws and regulations including Company Law, Business Bankruptcy Law, Anti-Trust Law, Anti-Money Laundering Law, Regulation on Administration of Foreign-funded Banks, Regulations of the Bankruptcy of Financial Institutions, Regulations on the Shutting Down of Financial Institutions, Administrative Measures on Appointment Qualifications of Directors (Council Members) and Senior Management Personnel of Financial Institutions in the Banking Industry, Measures for the Compliance Risk Management in Commercial Banks, Guiding Opinions of China Banking Regulatory Commission on Legal Counsel Work of Banking Financial Institutions, Administrative Measures on the Capital of Commercial Banks (for Trial Implementation), Measures for the Administration of Real Estate Trust Business of Trust and Investment Companies, Administrative Measures on Finance Companies of Enterprise Groups, Measures for the Administration of Automotive Loans, Provisional Measures for Consumer Finance Companies, and Guidelines on Risk Management for Real Estate Loan Business of Commercial Banks etc. Mr. Chen has also drafted and demonstrated the regulations for the establishment of trust companies and pension companies by commercial banks; participated in the legislation of national emergency plans for financial risks, and complaint handling of illegal behavior of financial institutions, as well as provided legal opinion on the memorandum between regulatory authority and the Hong Kong Monetary Authority. Mr. Chen has also provided legal review opinions on the establishment and approval of financial institutions, equity transfer and wealth management, financial derivatives and other new business access, as well as the legal review of the administrative penalties of financial institutions and the cancellation of the qualifications of directors and senior executives. Mr. Chen has studied the financial assistance of banking institutions, the "Government Procurement Agreement" (GPA), the social responsibility of the banking industry, and how to deal with the long-arm jurisdiction question. He has given lectures on China's financial legal system, China's financial regulatory system and the reform and opening of the financial industry at the invitation of the International Monetary Fund, the World Bank, the European Central Bank, the British Financial Services Agency and the German Central Bank.

He has profound and comprehensive experience in dealing with financial compliance, dispute resolution and legal practice. He is listed on the panel of arbitrators of China International Economic and Trade Arbitration Commission (CIETAC), China Maritime Arbitration Commission (CMAC), Beijing Arbitration Commission (BAC), Shanghai International Arbitration Centre (SHIAC), South China International Economic and Trade Arbitration Commission (SCIA), the ICC International Court of Arbitration (ICC), Hong Kong International Arbitration Centre (HKIAC), and some other arbitral institutions in Korea, Russia and Malaysia. He has ruled on over four hundred cases pertaining to banking finance, trade and investment. In 2020, Mr. Chen was selected as the first batch of international arbitration experts in Shanghai. Besides, he participated in drafting Financial Derivatives Master Agreement of China’s National Association of Financial Market Institutional Investors (NAFMII), and he also worked together with foreign lawyers for various banks and enterprises in reviewing International Swaps and Derivatives Association (ISDA) Master Agreement and Attachment. He has also provided legal services for the establishment, equity transfer and operational compliance of many private banks, foreign banks, rural small and medium-sized financial institutions, and non-bank financial institutions. He has also represented a number of domestic and cross-border litigation and arbitration cases between financial institutions, as well as between financial institutions and their clients.

Experience

Consumer finance company: Advised on setting up the company
Private bank: Advised on its corporate governance, equity transfer and operational compliance
National joint-stock commercial bank: Advised on a credit project of its Shanghai free trade branch
Pension management company: Provided perennial legal counsel service for the company
Large bank and national asset management corporation: Provided perennial legal counsel service
Auto finance company: Advised on daily legal service
State-owned enterprise: Represented its subsidiary against its client in a cooperation dispute arbitration
Large bank: Represented the bank against its client in a guarantee contract dispute
Urban commercial bank: Represented the bank in a transfer of negotiable instrument dispute
State-owned company: Represented its Singapore subsidiary in a contract fraud case

Recognition

Honors and Awards

Shanghai International Arbitration Expert Database: International Arbitration Expert

Insights

Books (authored, co-authored, co-edited or chief author)

“Construction of Chinese financial arbitration system,” Law Press·China, May 2020
“The Theory and Practice of the Opening up of China’s Banking Industry,” Intellectual Property Publishing House, January 2015
“Invest in China: Banking Rules Review and Practice Guides,” CITIC Press, November 2008
“The Equator Principles—The Best Practice in sustainable Development of the Banking Industry,” Shanghai Jiao Tong University Press, June 2011
“The Theory and Practice of the Central Bank,” CITIC Press, November 2008
“Key Topics of Decision-making Consultation Research of Shanghai Municipal People's Government: Research on the Construction of Shanghai International Insurance Center from a Big Insurance Country to an Insurance Powerful Country,” February 2008
“Invest in China: Banking Rules Review and Practice Guides,” Peking University Press, June 2005
"Foreign Bank Branch On-site Inspection and Rating Manual,” Peking University Press, May 2006
“Operational Manual for On-Site Inspection and Risk Assessment of Legal Entities of Foreign Banks,” China Legal Publishing Press, April 2004

Papers

“Risks and Challenges of Insurance Intelligent Investment, The Fifth Cross-Strait Insurance Law Scholar Forum, ” A Collection of Papers, November 2019
“Is the Guarantee Insurance Contract an Independent Guarantee? The Review of the Insurance Law of the Maritime Law,” October 2019
“Bank Financing, Russia-China Law Society,” Asian Law-China Volume, March 2019
“Issuing Bonds in China,” Russia-China Law Society Asian Law-China Volume, March 2019
“Control Status and Analysis of the risk of Chinese Banking Industry,” Chinese Enterprise Legal Observation, January 2019
“Application of Law of Aircraft Financial Leasing—Exploration and Analysis from the Perspective of the Cape Town Convention,” China Aviation Law Review, December 2018
“Application of law of ship financial leasing-exploration and analysis from the perspective of the Cape Town Convention, The Ninth International Conference on Maritime Law,” A Collection of Papers, October 2018
“The Analysis of Further Opening up of Foreign Investment Access Policy in Financial Period, China Law Society International Economic Law Society 2018 Annual Conference,” A Collection of Papers, October 2018
“Analysis of Corporate Governance of Non-governmental Banks, Institutional Construction and Enterprise Rule of Law—Institutional Construction Plays a Decisive Role in Enterprise Reform and Development,” Law Press·China, September 2018
“Analysis of the Prospect of the Financial Opening,” China Finance, 2018
“Multi-level Nesting in Asset Management Dispute from the Perspective of New Regulations for Asset Management,” Tsinghua Financial Law Review, April 2018
“Prudent Obligations of Commercial Banks to Assist the Court in Enforcing Third-party Claims Due,” China Rural finance, October 2016
“Financial Arbitration in China, The Eighth Arbitration and Judicial Forum,” A Collection of Papers, October 2015
“The Function and Legal Dilemma of Family Trust,” China Banking Law Society Trust Law Specialized Committee Member Newsletter, December 2014
“Taking legal risk prevention to enhance the competitiveness of enterprises,” Legal Person, November 2014
“The Research on Financial Lease Judicial Interpretation,” Beijing Arbitration, October 2014
“Innovation of Financial Supervision Mode in Shanghai Free Trade Zone of China,” Financial Jurist, China University of Political Science and Law, October 2014
“The Trend of International Financial Consumer Rights Protection and Its Reference, An introduction to the rule of law in China's capital market,” China Legal Publishing House, December 2013
“The Effect of TPP on the China's Financial Services Industry,” Financial Jurists, December 2013
“Introduction to the Tule of Law in China's Capital Market,” China Legal Publishing Press, December 2013
“The Exploration of Internet Financial Regulation: Drawing on the Development Experience of Britain,” Financial Times, November 2013
“The Research on the Risk of Expropriation of Overseas Investment in China’s Financial Industry -Taking Ping An Insurance and CMBC as examples,” Chinese International Law Review, November 2013
“How to Innovate Financial Regulation in Shanghai Free Trade Zone,” Legal Person, October 2013
“The Perfection of the Design of Chinese Private Equity Fund Legal System,” Financial Service Law Review, August 2013
“Analysis on the Legal Mechanism of Realizing China's Banking Social Responsibility,” New Finance, August 2013
“Preventing the Indirect Expropriation Risk of Overseas Investment in the Financial Industry,” China Social Science Today, May 2013
“Analysis on Project Finance and Risk Prevention within the Framework of Guidelines on Project Finance,” China Law, March 2013
“Literature Review of 2012 Chinese Periodicals on Arbitration Research,” Beijing Arbitration, 2013
“Trend of the Protection of the Interests of International Financial Consumers,” China Finance, March 2013
“Ship Financing: Opportunities and Challenges for China's Banking Industry,” China Ocean Shipping Monthly, December 2012
“The Unavoidable Internationalization Risk in the Banking Industry,” Phoenix Business, January 2012
“The Development Status and Trend of China’s Financial Arbitration and Mediation,” Beijing Arbitration, January 2012
“The Theory and Practice of China’s Cross-border Insolvency,” Financial Service Law Review, January 2012
“The Vulnerability of Equator Principles,” Shanghai Finance, January 2010
“Equator Principles: The Dream or Nightmare of Sustainable Development of the Financial Industry,” Wuhan Finance, November 2009
“Climate Change and the Strategy of Commercial Bank Financing,” Contemporary Finance, September 2009
“Functional Analysis of the Equator Principles from the Perspective of the Voluntary Commitment,” New Finance, August 2009
“Equator Principles: Industry Benchmark of Commercial Bank Project Financing: Enlightenment from the Termination of Sakhalin No.2 Oil and Gas Project,” China Development Observation, June 2009
“Some Puzzles in the Implementation of the Anti-monopoly Law,” Banker, October 2008
“Pain of Real Estate, Disaster of Bank,” Legal Information, October 2008
“China's Anti-monopoly Rules: Half Covered Pipa,” Legal Information, September 2008
“The Rise and Anxiety of Renminbi Private Equity Funds in China,” Legal Information, July 2008
“The Enlightenment of RABO BANK NEDERL-ANDS’s Business Expansion on the Intermediate Business of Rural Credit Cooperatives,” Rural Finance in China, February 2003
“Legislative Evolution and Evaluation of Cooperative Finance in China,” Shanghai Finance, May 2002
“A Comparative Study on the Systems of the Monetary and Exchange Supervision Authority of Macao and the Central Bank of the Mainland,” Xi’an Finance, January 2000

Activities and Affiliations

Chief Legal Officer, China Banking Association
Counsellor, Hong Kong Institute of Bankers
Director, Shanghai Law Society Banking and Legal Practice Research Center
Executive Director, Financial Arbitration and ADR Research Center, Central University of Finance and Economics
Researcher, Tsinghua University Finance and Law Research Center
Member of a Council, China Banking Law Society
Member of a Council, China Securities Law Society
Member of a Council, China Insurance Law Society
Member of a Council, WTO Law Research Society of China Law Society
Member of a Council, China International Economic Trade Law Society
Member of a Council, British Insurance Law Association
Member of a Council, London Maritime Arbitrators Association
International Arbitration Expert, Shanghai International Arbitration Expert Database

Prior and Present Employment

Partner, Dispute Resolution Department, King & Wood Mallesons, September 2014 - October 2018
Deputy Director, CBRC, April 2006 - September 2014
Principal Staff Member/Public Office Lawyer, CBRC Shanghai Office, October 2003 - March 2006
Staff Member/Senior Staff Member, SAFE Shanghai, PBC Shanghai Branch, July 2001 - October 2003
Technician, Xi'an University of Engineering, July 1997- September 1998