Guojian Xu
Senior Partner
Shanghai Office
Mandarin | English | German
+86 21 68361233
dr.xu@sgla.com
7/21F, Foxconn Building, No.1366 Lujiazui Ring Road, Pudong, Shanghai, P.R. China
Lawyer Summary

Dr Xu Guojian, doctor Juris of Germany, first-class lawyer, and senior partner of SGLA Law Firm, he is also the distinguished dean and professor of the International Law School of Shanghai University of Political Science and Law; and he also serve as Vice President of the China Society of Private International Law. Dr Xu worked for two law firms in Germany before returning to China in 1995 to open a German law firm in Shanghai. After working in a red circle law firm in China in 1998, he initiated the establishment of the former Shanghai Boss & Young Law Firm in 1999 and promoted the merger of the firm in January 2014 to establish Shanghai Boss &Young, Attorneys-at-Law as the managing partner and director of the firm.

Dr. Xu studied law at Southwest China University of Politics and Law, Chongqing, China, a and Wuhan University, Wuhan, China, for his Bachelor of Laws, Master of Laws, and Doctor of Laws respectively, before going to Europe in 1988 to pursue a further legal education. Dr. Xu pursued advanced studies at the Swiss Institute of Comparative Law, Lausanne, Switzerland; the Academy of International Law, International Court of Justice, The Hague, Netherlands; the Max-Planck-Institute for Foreign and International Private Law, Hamburg, Germany; and Albert Ludwig University, Freiburg i.Br., Germany. He concluded his doctoral studies at Hamburg University.

Dr. Xu has been the vice president of the China Society of Private International Law since 2003. He is also the executive member of the China Society of International Law. In 2005, he was appointed by the State Council to participate in the 20th Hague Diplomatic Conference as a member of the Chinese delegation, negotiating and signing the Hague Convention on the Choice of Court Agreements. From 2016 to 2018, as a member of the Chinese delegation, he participated in four special committee meetings of the international negotiations on the Hague Judgments project and was appointed by the State Council as a member of the Chinese delegation to the 22nd Hague Diplomatic Conference held from June to July 2019, where the Chinese government negotiated and signed the Convention on The Recognition and Enforcement of Foreign Civil and Commercial Judgments. And participated in the fifth Working Group meeting of the Hague Conference on Private International Law "Jurisdiction Project", held in Buenos Aires in September 2023. Dr. Xu has been designated as the first member of the Expert Committee of Suzhou International Commercial Court in early 2021.

Dr Xu is one of the leading arbitration practitioners in China, having represented clients from China, the USA, the UK, Germany, Switzerland, and other countries, and handled numerous international commercial arbitration cases. In addition, he has been appointed as an arbitrator of the China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Arbitration Center (“SHIAC”), the Beijing Arbitration Commission, the Shanghai Arbitration Commission, the Nantong Arbitration Commission, and the Korean Commercial Arbitration Board (“KCAB”). As chief or sole arbitrator, Dr. Xu has rendered more than 200 arbitration awards on disputes covering international trade, construction, real estate transactions, technology transfer, banking, insurance and financial transactions, and foreign investment.

He was employed as a legislative and advisory expert of the Standing Committee of the Shanghai Municipal People's Congress and a member of the Second and Third Administrative Review Committee of the Shanghai Municipal People's Government. In 2024, He take responsibility as one of the first five members of the Board of the Baoshan Pan Asia International Commercial Mediation Center of Shanghai.

Education
Dr. Xu studied law at Southwest China University of Politics and Law, Chongqing, China, a and Wuhan University, Wuhan, China, for his Bachelor of Laws, Master of Laws, and Doctor of Laws respectively, before going to Europe in 1988 to pursue a further legal education. Dr. Xu pursued advanced studies at the Swiss Institute of Comparative Law, Lausanne, Switzerland; the Academy of International Law, International Court of Justice, The Hague, Netherlands; the Max-Planck-Institute for Foreign and International Private Law, Hamburg, Germany; and Albert Ludwig University, Freiburg i.Br., Germany. He concluded his doctoral studies at Hamburg University.
Social Activity

Distinguished Dean and Professor of the School of International Law, Shanghai University of Political Science and Law(SHUPL)

Vice President of China Society of Private International Law

Managing Director of China Society of International Law

Member of the Committee of experts of China International Commercial Court(Suzhou)

Member of Special Committee of WTO, All China Lawyers Association

Secretary-general of the China?Belt?and?Road?Collaborative Innovation Center

Legal expert of Benchmark Chambers international(Shenzhen)

China’s Ambassador by the Swiss Institute of Comparative Law, a world-renowned legal research institution in Lausanne, Switzerland.

Legislative and Advisory Expert of the Standing Committee of the Shanghai Municipal People's Congress

Member of the Second and Third Administrative Review Committee of the Shanghai Municipal People's Government.

Arbitrator of the China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Arbitration Center (“SHIAC”), the Shanghai Arbitration Commission, the Korean Commercial Arbitration Board (“KCAB”), Hangzhou Arbitration Commission, Wuhan Arbitration Commission, and Shenyang Arbitration Commission etc.

Case

Dr. Xu has taken a leading role in dozens of cases that have a big influence on the world, the following are part of the examples for a quick reference.

On June 13, 2022, the U.S. Supreme Court delivered its judgment on ZF Automotive US, Inc. v. Luxshare, Ltd. This judgment made it clear that under 28 U.S.C §1782, ONLY the government or arbitration institutions between governments will constitute the foreign or international tribunals, eliminating the divergence among the Courts of Appeals for the Federal Circuit. This judgment officially announced that the Golden Law 1782 for international arbitration, regarding evidence collection, was broken. In this case, Dr. Xu Guojian and several other Chinese arbitrators, as Amicus Curiae, submitted an Amicus Brief to the U.S. Supreme Court on January 28, 2022, in which some of its propositions were adopted by the court.

In 2021, entrusted by Suzhou International Commercial Court and as a member of the Expert Committee, he issued an expert opinion on Ethiopian laws and regulations, which tremendously assisted in promoting the final settlement of the dispute over cross-border Equity transfer between Wang and a trading company, and also helped the case win the honor of “2021 Top Ten Nomination Cases of Promoting Rule of Law in the New Era” jointly organized by the Supreme People’s Court and the China Media Group.

In 2019-2020, designated by Municipal Administration of Koblenz, Germany, represented in Kiefer Artwork Embezzlement Case, which caused a sensation in the artistic circle and finally achieved an ideal result.

In 2019, designated by and represented a German company, in the application for the enforcement of the arbitral awards by Hong Kong International Arbitration Center(HKIAC), which was later selected as one of the top ten cases in Shaanxi Province in 2019.

In 2015, designated by the defendant as amicus curiae, his legal opinion on the Forum Non-Conveniens was adopted by the American court. And the court also dismissed the demandant’s request based on the theory of Forum Non-Conveniens.

In 2006, appointed by the China Securities Regulatory Commission as the head of the administrative rectification team of Hebei Securities Co., LTD, acting as the legal representative of Hebei Securities Co., LTD. The administrative rectification scheme of the securities company here was highly praised by the China Securities Regulatory Commission.

In 2004, represented in the project of HSBC investing in the Bank of Communications in 2004; a 12-billion subordinated debt issuing project of the Bank of Communications; and multiple projects on establishment of the joint venture or foreign investment insurance companies of Avic Samsung Life Insurance, Zhongxin Grand Oriental Person's life Insurance, and LIG property insurance, etc.

In 2003, represented in the AIR CHINA’s acquisition project on SHANDONG AIRLINES.

In 2001, represented in China’s first open-end fund bank custodian project.

In 2001, represented in SMIC and completed a 4-billion (RMB and USD) syndicated loan project.

Articles

He has contributed many practice-oriented and academic articles on international commercial arbitration and comparative law in world-renowned professional journals, such as the Journal of International Arbitration, the International and Comparative Law Quarterly, the Lloyd’s Maritime and Commercial Law Quarterly, and others.

Dr. Xu is proficient in German and English. His 17 books of legal translations, over 60 thesis, and more than 20 translations were published and issued in Chinese version, English version and German version severally in China, UK, Switzerland, the Netherlands, and other countries respectively.

Contact Me
Submit
Guojian Xu
Senior Partner
Shanghai Office
Mandarin | English | German
Dispute Resolution
Corporate and M&A
International investment and Trade
+86 21 68361233
dr.xu@sgla.com
7/21F, Foxconn Building, No.1366 Lujiazui Ring Road, Pudong, Shanghai, P.R. China
Lawyer Summary

Dr Xu Guojian, doctor Juris of Germany, first-class lawyer, and senior partner of SGLA Law Firm, he is also the distinguished dean and professor of the International Law School of Shanghai University of Political Science and Law; and he also serve as Vice President of the China Society of Private International Law. Dr Xu worked for two law firms in Germany before returning to China in 1995 to open a German law firm in Shanghai. After working in a red circle law firm in China in 1998, he initiated the establishment of the former Shanghai Boss & Young Law Firm in 1999 and promoted the merger of the firm in January 2014 to establish Shanghai Boss &Young, Attorneys-at-Law as the managing partner and director of the firm.

Dr. Xu studied law at Southwest China University of Politics and Law, Chongqing, China, a and Wuhan University, Wuhan, China, for his Bachelor of Laws, Master of Laws, and Doctor of Laws respectively, before going to Europe in 1988 to pursue a further legal education. Dr. Xu pursued advanced studies at the Swiss Institute of Comparative Law, Lausanne, Switzerland; the Academy of International Law, International Court of Justice, The Hague, Netherlands; the Max-Planck-Institute for Foreign and International Private Law, Hamburg, Germany; and Albert Ludwig University, Freiburg i.Br., Germany. He concluded his doctoral studies at Hamburg University.

Dr. Xu has been the vice president of the China Society of Private International Law since 2003. He is also the executive member of the China Society of International Law. In 2005, he was appointed by the State Council to participate in the 20th Hague Diplomatic Conference as a member of the Chinese delegation, negotiating and signing the Hague Convention on the Choice of Court Agreements. From 2016 to 2018, as a member of the Chinese delegation, he participated in four special committee meetings of the international negotiations on the Hague Judgments project and was appointed by the State Council as a member of the Chinese delegation to the 22nd Hague Diplomatic Conference held from June to July 2019, where the Chinese government negotiated and signed the Convention on The Recognition and Enforcement of Foreign Civil and Commercial Judgments. And participated in the fifth Working Group meeting of the Hague Conference on Private International Law "Jurisdiction Project", held in Buenos Aires in September 2023. Dr. Xu has been designated as the first member of the Expert Committee of Suzhou International Commercial Court in early 2021.

Dr Xu is one of the leading arbitration practitioners in China, having represented clients from China, the USA, the UK, Germany, Switzerland, and other countries, and handled numerous international commercial arbitration cases. In addition, he has been appointed as an arbitrator of the China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Arbitration Center (“SHIAC”), the Beijing Arbitration Commission, the Shanghai Arbitration Commission, the Nantong Arbitration Commission, and the Korean Commercial Arbitration Board (“KCAB”). As chief or sole arbitrator, Dr. Xu has rendered more than 200 arbitration awards on disputes covering international trade, construction, real estate transactions, technology transfer, banking, insurance and financial transactions, and foreign investment.

He was employed as a legislative and advisory expert of the Standing Committee of the Shanghai Municipal People's Congress and a member of the Second and Third Administrative Review Committee of the Shanghai Municipal People's Government. In 2024, He take responsibility as one of the first five members of the Board of the Baoshan Pan Asia International Commercial Mediation Center of Shanghai.

Education

Dr. Xu studied law at Southwest China University of Politics and Law, Chongqing, China, a and Wuhan University, Wuhan, China, for his Bachelor of Laws, Master of Laws, and Doctor of Laws respectively, before going to Europe in 1988 to pursue a further legal education. Dr. Xu pursued advanced studies at the Swiss Institute of Comparative Law, Lausanne, Switzerland; the Academy of International Law, International Court of Justice, The Hague, Netherlands; the Max-Planck-Institute for Foreign and International Private Law, Hamburg, Germany; and Albert Ludwig University, Freiburg i.Br., Germany. He concluded his doctoral studies at Hamburg University.

Social Activity

Distinguished Dean and Professor of the School of International Law, Shanghai University of Political Science and Law(SHUPL)

Vice President of China Society of Private International Law

Managing Director of China Society of International Law

Member of the Committee of experts of China International Commercial Court(Suzhou)

Member of Special Committee of WTO, All China Lawyers Association

Secretary-general of the China?Belt?and?Road?Collaborative Innovation Center

Legal expert of Benchmark Chambers international(Shenzhen)

China’s Ambassador by the Swiss Institute of Comparative Law, a world-renowned legal research institution in Lausanne, Switzerland.

Legislative and Advisory Expert of the Standing Committee of the Shanghai Municipal People's Congress

Member of the Second and Third Administrative Review Committee of the Shanghai Municipal People's Government.

Arbitrator of the China International Economic and Trade Arbitration Commission (“CIETAC”), the Shanghai International Arbitration Center (“SHIAC”), the Shanghai Arbitration Commission, the Korean Commercial Arbitration Board (“KCAB”), Hangzhou Arbitration Commission, Wuhan Arbitration Commission, and Shenyang Arbitration Commission etc.

Case

Dr. Xu has taken a leading role in dozens of cases that have a big influence on the world, the following are part of the examples for a quick reference.

On June 13, 2022, the U.S. Supreme Court delivered its judgment on ZF Automotive US, Inc. v. Luxshare, Ltd. This judgment made it clear that under 28 U.S.C §1782, ONLY the government or arbitration institutions between governments will constitute the foreign or international tribunals, eliminating the divergence among the Courts of Appeals for the Federal Circuit. This judgment officially announced that the Golden Law 1782 for international arbitration, regarding evidence collection, was broken. In this case, Dr. Xu Guojian and several other Chinese arbitrators, as Amicus Curiae, submitted an Amicus Brief to the U.S. Supreme Court on January 28, 2022, in which some of its propositions were adopted by the court.

In 2021, entrusted by Suzhou International Commercial Court and as a member of the Expert Committee, he issued an expert opinion on Ethiopian laws and regulations, which tremendously assisted in promoting the final settlement of the dispute over cross-border Equity transfer between Wang and a trading company, and also helped the case win the honor of “2021 Top Ten Nomination Cases of Promoting Rule of Law in the New Era” jointly organized by the Supreme People’s Court and the China Media Group.

In 2019-2020, designated by Municipal Administration of Koblenz, Germany, represented in Kiefer Artwork Embezzlement Case, which caused a sensation in the artistic circle and finally achieved an ideal result.

In 2019, designated by and represented a German company, in the application for the enforcement of the arbitral awards by Hong Kong International Arbitration Center(HKIAC), which was later selected as one of the top ten cases in Shaanxi Province in 2019.

In 2015, designated by the defendant as amicus curiae, his legal opinion on the Forum Non-Conveniens was adopted by the American court. And the court also dismissed the demandant’s request based on the theory of Forum Non-Conveniens.

In 2006, appointed by the China Securities Regulatory Commission as the head of the administrative rectification team of Hebei Securities Co., LTD, acting as the legal representative of Hebei Securities Co., LTD. The administrative rectification scheme of the securities company here was highly praised by the China Securities Regulatory Commission.

In 2004, represented in the project of HSBC investing in the Bank of Communications in 2004; a 12-billion subordinated debt issuing project of the Bank of Communications; and multiple projects on establishment of the joint venture or foreign investment insurance companies of Avic Samsung Life Insurance, Zhongxin Grand Oriental Person's life Insurance, and LIG property insurance, etc.

In 2003, represented in the AIR CHINA’s acquisition project on SHANDONG AIRLINES.

In 2001, represented in China’s first open-end fund bank custodian project.

In 2001, represented in SMIC and completed a 4-billion (RMB and USD) syndicated loan project.

Articles

He has contributed many practice-oriented and academic articles on international commercial arbitration and comparative law in world-renowned professional journals, such as the Journal of International Arbitration, the International and Comparative Law Quarterly, the Lloyd’s Maritime and Commercial Law Quarterly, and others.

Dr. Xu is proficient in German and English. His 17 books of legal translations, over 60 thesis, and more than 20 translations were published and issued in Chinese version, English version and German version severally in China, UK, Switzerland, the Netherlands, and other countries respectively.