Professional practice

Wei Jian has a broad commercial practice in line with Chambers’ profile. Since joining Chambers, Wei Jian has been instructed on a wide range of significant cases in English courts, as well as in international courts and tribunals. Examples of Wei Jian’s recent cases include:

  • Arbitration claim against a software company — Acted (with David Joseph QC) for a leading software company on a claim for in excess of US$2 billion involving allegations of intellectual property theft and misconduct within the framework of a joint venture.
  • Harrison Jalla & Others v Royal Dutch Shell Plc & Others — Acting (with Graham Dunning QC and Stuart Cribb) for nearly 28,000 Nigerian claimants in respect of their claims against three companies in the Royal Dutch Shell Group. The claims arise out of the December 2011 Bonga oil spill, in which over 40,000 barrels of oil were spilled into the ocean in the Niger delta, making it one of the largest offshore spills in the history of oil exploration and production in Nigeria.
  • Arbitration claim against duty-free company – Acting (with Daniel Oudkerk QC) on a claim between joint venture partners in the duty-free industry for in excess of US$200 million involving allegations of fraud and breach of competition law.
  • Bank Mellat v Her Majesty’s Treasury — Acted (with David Foxton QC, Philippa Hopkins QC and Helen Morton) for HM Treasury on a multi-billion pound dispute with Bank Mellat concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998.

Wei Jian has considerable experience as an advocate, having appeared as sole counsel before the English High Court and County Court, as well as in arbitration proceedings. Wei Jian has participated in numerous virtual hearings and is a member of the Commercial Bar Association’s Remote Hearings Working Group.

Wei Jian grew up in Singapore. As a native speaker of Mandarin Chinese, Wei Jian has experience of conducting a 3-day arbitration hearing as sole counsel entirely in Mandarin Chinese (including cross-examination and submissions). Wei Jian has also drafted statements of case, witness statements, and written submissions in Mandarin Chinese.

Prior to joining Essex Court Chambers, Wei Jian graduated with a First Class degree in Law from the University of Oxford. He went on to read for the BCL at the University of Oxford, obtaining Distinctions in all four of his BCL subjects. Wei Jian has also contributed to various leading legal texts as a Research Assistant, including Goode on Principles of Corporate Insolvency Law (5th edn), and Goode and Gullifer on Legal Problems of Credit and Security (6th edn).

Download Mandarin Chinese CV here.

 

Languages

Wei Jian is a native speaker of both English and Mandarin Chinese. He is able to make oral submissions, cross-examine witness, and draft documents in both languages.

Arbitration & related court applications

Wei Jian has extensive experience of appearing as an advocate in arbitration proceedings across a wide array of legal areas.

  • HKIAC Arbitration – Acted (as sole counsel) for a financial services consulting company on a dispute concerning the payment of a service fee. The 3-day evidentiary hearing in this matter was conducted entirely in Mandarin Chinese; Wei Jian made oral submissions, cross-examined witnesses, and drafted written closing submissions.
  • NAI Arbitration – Acted (with David Joseph QC) for a leading software company on a claim for in excess of US$2 billion involving allegations of intellectual property theft and misconduct within the framework of a joint venture.
  • Arbitration claim against duty-free company – Acting (with Daniel Oudkerk QC) on a claim between joint venture partners in the duty-free industry for in excess of US$200 million involving allegations of fraud and breach of competition law.
  • LMAA Arbitrations – Acting (with Christopher Smith QC) for a shipping company in disputes concerning the redelivery condition of 4 different vessels.
  • LMAA Arbitration – Acted (with Steven Berry QC) for a shipping company in a dispute concerning the financing of four Very Large Crude Carriers (“VLCCs”).
  • UNCITRAL Arbitration – Acted (with Paul Key QC) for a mining company on a dispute concerning the supply of electricity to a mine.

Wei Jian also has extensive experience of dealing with arbitration-related court applications.

  • Daelim Corporation v Bonita Co Ltd – Acted (with Stephen Phillips QC) for the charterer of a vessel on an application to discharge an Order made under Arbitration Act 1996, s44(3) restraining the charterer from taking steps to demand and/or recover sums from a sub-charterer.
  • LMAA Arbitration – Drafted (as sole counsel) a response to an Arbitration Act 1996, s68 challenge in relation to an LMAA Arbitration Award on the grounds of serious irregularity.
  • LMAA Arbitration – Advised (with Roderick Cordara QC) on the prospects of success of an Arbitration Act 1996, s68 challenge in relation to an LMAA Arbitration Award on the grounds of serious irregularity.
  • Instructed (as sole counsel) by parties to an arbitration governed by the LCIA India Arbitration Rules to assist with a dispute on arbitration costs before Indian courts.
Banking & financial services

Wei Jian has extensive experience of banking & financial services related matters, and in particular matters relating to cryptocurrencies and LIBOR transition.

  • HKIAC Arbitration – Acted (as sole counsel) for a financial services consulting company on a dispute concerning the payment of a service fee. The 3-day evidentiary hearing in this matter was conducted entirely in Mandarin Chinese; Wei Jian made oral submissions, cross-examined witnesses, and drafted written closing submissions.
  • AA v Persons Unknown – Acted (with David Scorey QC) for a cryptocurrency trader in relation to a proprietary claim for the return of Bitcoin allegedly paid as a ransom following a malware attack.
  • Cryptocurrencyrelated dispute – Advised (as sole counsel) on a dispute concerning the forced liquidation of various cryptocurrency assets held as collateral for a loan facility, following the cryptocurrency crash of 12 March 2020.
  • LIBOR Transition – Advised (as sole counsel) on the effect of LIBOR transition on a loan facility.
  • Bank Mellat v Her Majesty’s Treasury — Acted (with David Foxton QC, Philippa Hopkins QC, and Helen Morton) on a multi-billion dispute with Bank Mellat concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998.
  • Golden Belt 1 Sukuk Company B.S.C.(c) v BNP Paribas & Others [2017] EWHC 3182 (Comm) — Assisted Nigel Tozzi QC and Jeremy Brier in the 6-week litigation involving professional negligence by an Arranging Bank for an Islamic finance instrument.
  • Andusia Recovered Fuels Ltd v TTT Moneycorp Limited; Ti-Tek v First Rate FX Limited — Acted (as sole counsel) on disputes involving claims under the Payment Services Regulations 2017 and 2009.
  • Contributed to leading legal texts including Goode and Gullifer on Legal Problems of Credit and Security (6th edn) as a research assistant.
Civil fraud & asset recovery

Wei Jian has extensive experience of civil fraud related disputes, including disputes involving the use of cryptocurrency.

  • Arbitration claim against duty-free company – Acting (with Daniel Oudkerk QC) on a claim between joint venture partners in the duty-free industry for in excess of US$200 million involving allegations of fraud and breach of competition law.
  • AA v Persons Unknown – Acted (with David Scorey QC) for a cryptocurrency trader in relation to a proprietary claim for the return of Bitcoin allegedly paid as a ransom following a malware attack.
  • Cryptocurrencyrelated dispute – Advised (as sole counsel) on a dispute concerning the forced liquidation of various cryptocurrency assets held as collateral for a loan facility, following the cryptocurrency crash of 12 March 2020.
  • Assisted a Member of Chambers in a dispute relating to metals and warehouse receipt fraud in China.
  • Assisted a Member of Chambers in a dispute relating to banking fraud in Russia.
Commercial dispute resolution

Wei Jian has extensive experience of commercial disputes, and in particular technology-related disputes.

  • HKIAC Arbitration – Acted (as sole counsel) for a financial services consulting company on a dispute concerning the payment of a service fee. The 3-day evidentiary hearing in this matter was conducted entirely in Mandarin Chinese; Wei Jian made oral submissions, cross-examined witnesses, and drafted written closing submissions.
  • United Company Rusal v. Crispian — Instructed (with David Davies, Daniel Toledano QC, and Lord Goldsmith QC) on a major shareholders’ dispute involving companies associated with three of Russia’s most prominent businessmen: Oleg Deripaska, Roman Abramovich and Vladimir Potanin. The dispute concerns the shareholders agreement between the three major shareholders in Norilsk Nickel, one of Russia’s most valuable mining companies and in particular Mr Abramovich’s disputed entitlement to sell his shares, worth approx. $1.9 billion, to the existing shareholders.
  • AA v Persons Unknown – Acted (with David Scorey QC) for a cryptocurrency trader in relation to a proprietary claim for the return of Bitcoin allegedly paid as a ransom following a malware attack.
  • Cryptocurrencyrelated dispute – Advised (as sole counsel) on a dispute concerning the forced liquidation of various cryptocurrency assets held as collateral for a loan facility, following the cryptocurrency crash of 12 March 2020.
  • Source code dispute – Acted (as sole counsel) on a dispute concerning the non-delivery of source code
  • UNCITRAL Arbitration – Acted (with Paul Key QC) for a mining company on a dispute concerning the supply of electricity to a mine.
  • Bank Mellat v Her Majesty’s Treasury — Acted (with David Foxton QC, Philippa Hopkins QC, and Helen Morton) on a long-running dispute with Bank Mellat concerning the impact of financial restrictions orders made in 2009-2011 and the Bank’s claim for damages under the Human Rights Act 1998
Company & Insolvency Law
  • Assisted a Member of Chambers in providing advice to a company seeking to recover sums from various insolvent trade debtors.
  • Contributed to the leading legal text Goode on Principles of Corporate Insolvency Law (5th ed) as a research assistant.
Conflict of laws & private international law

A large proportion of Wei Jian’s cases are cross-border in nature and raise issues relating to jurisdiction and choice of law. Wei Jian’s experience in this regard includes:

  • Harrison Jalla & Others v Royal Dutch Shell Plc & Others — Acting (with Graham Dunning QC) for nearly 28,000 Nigerian claimants in respect of their claims against three companies in the Royal Dutch Shell Group. The claims arise out of the December 2011 Bonga oil spill, in which over 40,000 barrels of oil were spilled into the ocean in the Niger delta, making it one of the largest offshore spills in the history of oil exploration and production in Nigeria. The jurisdictional application for this case involved the application of Case C-281/02 Owusu v Jackson [2005] ECR I-1445 and other principles relating to litigation against English anchor defendants.
  • Acted (with Paul Key QC and Ciaran Keller) on an application to set aside service of English proceedings on an Iranian national and an Iranian company.
  • Instructed (as sole counsel) to advise on the prospects of securing English court jurisdiction over a Swiss Bank and various UAE companies in relation to a dispute concerning a forged bill of lading.
  • Instructed (as sole counsel) in relation to an application to challenge registration of an Italian judgment in England.
  • Advised (as sole counsel) on the prospects of commencing High Court proceedings in London in relation to conversion of cargo aboard a ship in Panama.
Employment

Wei Jian frequently appears in the Employment Tribunal as sole counsel on a wide range of disputes, including unfair dismissal and discrimination claims. He has successfully applied for strike out of a discrimination claim brought against an employment agency.

Energy & natural resources
  • Harrison Jalla & Others v Royal Dutch Shell Plc & Others — Acting (with Graham Dunning QC) for nearly 28,000 Nigerian claimants in respect of their claims against three companies in the Royal Dutch Shell Group. The claims arise out of the December 2011 Bonga oil spill, in which over 40,000 barrels of oil were spilled into the ocean in the Niger delta, making it one of the largest offshore spills in the history of oil exploration and production in Nigeria.
  • UNCITRAL Arbitration – Acted (with Paul Key QC) for a mining company on a dispute concerning the supply of electricity to a mine.
  • Assisted a Member of Chambers in a dispute concerning the payment of administrative costs pursuant to a Joint Operating Agreement for the exploitation of North Sea gas resources.
Insurance & reinsurance
  • Assisted a Member of Chambers instructed in a reinsurance dispute involving issues of aggregation of underlying claims.
  • Assisted a Member of Chambers instructed in a Bermuda Form insurance dispute involving, inter alia, a “fresh start” defence and an “expected or intended” defence.
Public international law
  • Qatar v the UAE: Assisted Dan Sarooshi QC on an application for provisional measures before the International Court of Justice.
  • Assisted a Member of Chambers instructed in a dispute in the Iran-US Claims Tribunal involving inter alia issues of State responsibility.
  • Assisted a Member of Chambers in a dispute involving issues of State immunity.
Revenue law (including VAT, IPT, duties & excise)
  • Assisted a Member of Chambers in the HMRC v Taylor Clark Leisure [2018] UKSC 35 appeal in the Supreme Court, which concerned the proper treatment of Single Taxable Persons for the purposes of VAT law.
  • Assisted a Member of Chambers with an appeal from a decision by HMRC to deny input VAT recovery pursuant to the Kittel/ Mobilx principles.
  • Assisted a Member of Chambers with advice for a religious organization on zero-rating of VAT.
Shipping & admiralty

Wei Jian has extensive experience of acting as counsel in shipping related disputes

  • LMAA Arbitration – Acted (with Steven Berry QC) for a shipping company in a dispute concerning the financing of four Very Large Crude Carriers (“VLCCs”).
  • LMAA Arbitrations – Acting (with Christopher Smith QC) for a shipping company in disputes concerning the redelivery condition of 4 different vessels.
  • Acting (with Jeremy Brier) for the owner of a vessel in relation to a claim for sums allegedly owed in respect of bunkers purchased by the vessel’s charterer.
  • Instructed (as sole counsel) to advise on the prospects of securing English court jurisdiction over a Swiss Bank and various UAE companies in relation to a dispute concerning a forged bill of lading.

Wei Jian also has extensive experience of dealing with arbitration-related Court applications in shipping disputes

  • Daelim Corporation v Bonita Co Ltd – Acted (with Stephen Phillips QC) for the charterer of a vessel on an application to discharge an Order made under Arbitration Act 1996, s44(3) restraining the charterer from taking steps to demand and/or recover sums from a sub-charterer.
  • LMAA Arbitration – Drafted (as sole counsel) a response to an Arbitration Act 1996, s68 challenge in relation to an LMAA Arbitration Award on the grounds of serious irregularity.
  • LMAA Arbitration – Advised (with Roderick Cordara QC) on the prospects of success of an Arbitration Act 1996, s68 challenge in relation to an LMAA Arbitration Award on the grounds of serious irregularity.
Unjust enrichment & restitution claims
  • HKIAC Arbitration – Acted (as sole counsel) for a financial services consulting company on a dispute concerning the payment of a service fee. Unjust enrichment was advanced as a cause of action in these proceedings.
  • Assisted a Member of Chambers in a summary judgment application involving issues of limitation for unjust enrichment claims.
Career

2018: Tenancy at Essex Court Chambers

2017 – 2018: Pupillage at Essex Court Chambers (Main Pupil Supervisor: Jeremy Brier)

2017: Called to the Bar (Gray’s Inn)

2017: Paralegal at Shell International Limited (Global Litigation Team)

2017: Research Assistant to Asst Professor Kristin van Zwieten for Goode on Principles of Corporate Insolvency Law (5th ed)

2016: Research Assistant to Professor Louise Gullifer for Goode and Gullifer on Legal Problems of Credit and Security (6th ed)

2010 – 2011: Fulltime National Serviceman at Singapore Armed Forces (9th Singapore Division/ Infantry)

Education

2016 – 2017: BPP Law School — Bar Professional Training Course (Very Competent)

2015 – 2016: University of Oxford — Bachelors of Civil Law (Distinction in all 4 subjects)

2012 – 2015: University of Oxford — BA Jurisprudence (First Class; Subject Prize for Commercial Law; Distinction in Law Moderations)

2004 – 2009: Raffles Institution (Singapore)

Awards

2016: Gray’s Inn Bedingfield BPTC Scholarship (highest award)

2015: BCL Scholarship

2015: Final Honour School Prize for Commercial Law (highest score in final examinations)

2014: UK National Champion 55th Phillip C. Jessup International Law Moot Court Competition

2013: Harris Manchester College Scholarship

Publications

‘Whose Iniquity Is It Anyway? Case Comment on Accident Exchange v McLean’ [2019] LMCLQ 33 (with Nathan Pillow QC)

‘The Jurisdictional One-Two Punch’ [2017] LMCLQ 190

‘Secured Transactions Law Reform: The Long and Winding Road’ [2017] 32(4) JIBFL 215