Frank (Yian) Pan is a partner of Xin Bai Law Firm, which is an independent law firm and a member of the PwC global network of firms. He leads the international trade practice for the PwC network of law firms in China.
Frank has 16 years of experience working in a broad range of trade actions, including advising clients on trade law compliance, export control, WTO and free trade agreements, trade remedies, and other trade regulatory and customs issues related to supply chain planning and managing disputes with regulators. Immediately before joining Xin Bai Law Firm, Frank was an of-counsel at the Shanghai office of Baker & McKenzie, an international law firm, where he led the firm’s China trade and supply chain practice for over 6 years. He had also worked at a leading Chinese trade boutique law firm, Huang Shan & Co, for 8 years.
Frank is among the very few trade lawyers in China who have solid knowledge and experience in all the areas of international trade law, fluent across the trade laws of multiple jurisdictions, and capable of delivering services that meet the quality standards of both US and Europe-based multinational corporations and local Chinese clients.
Frank’s clients include global leading multinational and Chinese firms in technology, manufacturing, automobile, aviation and consumer goods industries. As a specialist counsel, his advice has been greatly valued by clients in resolving challenges with respect to customs and trade compliance in cross-border transactions, e-commerce, merger and acquisition deals, and global value-chain and supply-chain restructuring projects. In the context of the intensified trade tensions between China and its major trading partners, Frank has been deeply involved in numerous manufacturing migration and supply chain restructuring projects launched by leading multinational corporations, to which Frank provided technical and strategic advice.
Trade remedies action is another specialised area of Frank’s practice. Since 2004, Frank has been acting for more than 50 clients in responding to trade remedies (ie, antidumping and countervailing) investigations launched by the governments of China, the United States, Australia, the European Union and other jurisdictions, and has consistently achieved satisfactory outcomes. These include some recent high-profile cases, such as the Chinese antidumping and countervailing investigations against the sorghum from the United States, and the wines from Australia.
Frank also regularly counsels his clients in handling controversies with the Chinese regulators in connection with trade law issues, ranging from customs valuation challenges to smuggling defense. As clients’ trusted adviser, Frank is capable of mobilising and integrating resources of his network firms to provide one-stop shop solutions to such controversies. One of the recent examples in this regard is a precedent-setting customs dispute case concerning imported automotive vehicles with significant tariff liabilities. The case was ultimately appealed to a Beijing court for judicial review and was successfully resolved outside of court.
Frank is highly regarded by clients for his trade law expertise and commercial pragmatism. He was shortlisted for Trade Lawyer of the Year of Asia Legal Awards 2019 and ranked by Acritas as Star Lawyer for three consecutive years starting from 2017. His professional skills and service quality have been consistently recognised by clients as meeting “international standards”.
Frank has written numerous thought leadership articles on various Chinese and US trade law topics, and has spoken regularly at trade law seminars and conferences in Asia Pacific, the United States and Europe. He authored the China Customs and Trade Chapter of Lexology’s Getting The Deal Through Practice Guide (2021 edition) and the China VAT chapter for IBFD (2017–2019).
Frank has qualifications in China and New York. He holds an LLM from Georgetown University and an LLM from Fudan University. He speaks fluent Mandarin and English.