Rosalyn Han is a counsel of JSM. She advised a number of leading international developers and contractors in complex and high-value projects (the investment amount of which varies from RMB hundreds of millions to billions) in Mainland China, Hong Kong and Middle East. She has extensive experience in the drafting and negotiation of construction contracts on the basis of FIDIC, HKIA, MOHURD forms and other standard forms, and also in advising on procurement methods, tendering and filing requirements, regulatory and licensing issues and issues arising out of performance bond and insurance.
She also advises clients in relation to PRC court proceedings, domestic and international arbitration before major arbitration institutions including CIETAC, HKIAC and DIAC. Her experience covers all types of construction disputes, including those relating to payment, valuation and measurement, delay and disruption, design and other professional liabilities, issues arising from defective works, contract termination and the enforcement of performance security.
Rosalyn is the one of the 15 winners of ALB China Rising Lawyers Awards 2018. She is ranked as Next Generation Lawyer, Real Estate and Construction (China: Foreign Firms) by The Legal 500 Asia Pacific (2017-2019). She was recently awarded the title of Chartered Surveyor, Royal Institution of Chartered Surveyors, and Chartered Builder by the Chartered Institute of Building. In 2012, Rosalyn was accredited as International Building and Engineering Contracts Accredited Professional (IBECAP B) by the Society of Construction Law (China) and Joint Construction Management Ltd.
Prior to joining JSM, she worked as a Legal Executive in a Dubai subsidiary of a major state-owned Chinese contractor. She managed a number of legal proceedings before UAE Courts and DIAC Arbitral Tribunals and secured favourable awards.
Rosalyn speaks fluent English, Mandarin and Cantonese. She is admitted in PRC.
- Advised a major developer in a case of defective works in respect of projects in Asia, including advice on cost claims, evidence preservation, determination of quality issues and associated legal proceedings in the mainland China and Hong Kong. The disputed amount is around RMB 650 million.
- Advised a major developer on issues arising from their multi-purpose projects in mainland China, including defective works, contractor's extension of time and cost claims, evidence preservation, time, quality and cost authentication exercises, and associated court and arbitration proceedings. The disputed amount exceeds RMB 600 million.
- Advised a state-owned enterprise on issues arising out of a series of emission reduction purchase agreements as well as issues arising out of the potential HKIAC arbitration.
- Advised a leading mining company on its construction disputes with Hong Kong Government for a Hong Kong project and the associated HKIAC arbitration proceedings.
- Advised a leading Hong Kong developer on the claims to the tune of RMB 100 million arising out of the defective works and workmanship for a multi-purpose development project in mainland China.
- Advising a leading Hong Kong developer on the contractors' claims to the tune of RMB 150 million arising out of the multi-purpose development project in Guangdong province, mainland China.
- Advised a leading Hong Kong organisation on defective construction works at a training centre project in Guangdong, mainland China. This concerns construction litigation (Hong Kong and mainland China), arbitration, and professional liability.
- Advised a leading Hong Kong organisation on disputes arising out of valuation of construction works of their project in Beijing and advised on the related CIETAC arbitration proceedings.
- Advised a global leading paint products manufacturer on environmental claims arising out of their plant facilities in Guangdong province, mainland China.
- Acted for a Chinese contractor in tendering, reviewing and negotiating a construction contract for a seamless copper tube plant in Abu Dhabi.
- Advised a leading Hong Kong developer on the preparation of construction documentation for a 450,000 sq.m. multi-purpose development in Guangzhou, and also advised on issues arising out of novation of the contract, the extension of time and cost claims. The total investment amount is around RMB 3 billion.
- Advising a leading Hong Kong corporation for a multi-purpose development of 1,500,000 square meters (the total investment amount is around RMB 2 billion) throughout the whole project cycle, including review of design contracts, main contracts, sub-contracts and construction supervision contracts, and advice on tendering and filing requirements, regulatory issues, tax issues, cost claims and final account settlement.
- Advised a major Thai developer on the preparation of construction contract documentations based on MOHURD form for a multi-purpose project in Shandong and also advised on and tendering and filing issues. Total contract sum exceeds RMB 800 million.
- Advised a global leading chemical products manufacturer on the preparation of EPCM contract for a coal tar distillation plant project in Jiangsu province, mainland China, the total investment amount of which is around RMB 400 million.
- Advised a PRC state-owned developer on preparation of construction main contract and sub-contracts on the basis of HKIA forms for a hotel project in Hong Kong.
- Advised a number of Hong Kong leading developers on the preparation of their construction contracts on the basis of HKIA forms for use in their Hong Kong projects.
Heriot-Watt University, MSc, Quantity Surveying (RICS accredited)
Durham University, LLM, International Trade and Commercial Law
Beijing Jiaotong University, LLB
- Chartered Surveyor, Royal Institution of Chartered Surveyors
- Chartered Builder, Chartered Institute of Building
- Winner of ALB China Rising Lawyers Awards 2018
- Next Generation Lawyer, Real Estate and Construction (China: Foreign Firms) – The Legal 500 Asia Pacific (2017-2019)