2025
On September 29, coinciding with the China Arbitration Week, Longan (Guangzhou) Law Firm in Beijing successfully held a lecture titled “Arbitration Attorney Fees: Logical Principles and Practical Tips”. The lecture was presented by Lawyer Huang Qingfeng, a senior partner at Longan Guangzhou and deputy director兼 secretary-general of the Longan Bay Commercial Arbitration Research Center. The focus of the lecture was on the legal basis for claiming attorney fees in arbitration practices, comparisons between different arbitration rules, key aspects of evidence presentation, and analysis of typical cases, providing a systematic and practical guide for attending lawyers.
Drawing on his many years of experience in arbitration practices, Lawyer Huang Qingfeng systematically outlined the contractual and legal circumstances under which attorney fees can be claimed, starting from the legal validity of contract agreements in the Civil Code of the People’s Republic of China. He emphasized that it is the most direct basis for claiming attorney fees when the contract clearly stipulates that the breaching party shall bear the attorney fees. He also reminded the audience to pay attention to the clarity of wording, avoiding vague expressions such as “costs to realize the claim”.
During the “Comparison of Arbitration Rules” segment, Lawyer Huang Qingfeng compared the specific regulations regarding the payment of attorney fees in arbitration institutions in Guangzhou, Shenzhen, Beijing, Shanghai, Hainan, and other places. He pointed out that arbitration tribunals generally consider various factors such as the outcome of the case, complexity, the amount of work involved, and the amount of dispute when determining attorney fees.
2025
“The evidence presentation is crucial for whether attorney fees can be supported.” Based on the “Several Provisions of the Supreme People’s Court on Evidence in Civil Procedures” and the “Arbitration Rules of the Guangzhou Arbitration Commission”, Lawyer Huang pointed out that parties must provide key evidence such as the “Agency Contract”, attorney fee invoices, and bank transfer records. He also answered common questions such as “Is it necessary to actually pay to claim attorney fees?”
In the “Case-Based Explanation” section, Lawyer Huang analyzed the standards and reasoning of attorney fee support in special types of cases such as risk agency, series of cases, bank loan applications, and property service cases through several real cases. He especially noted that in risk agency cases, arbitration tribunals usually only support the actual incurred basic costs, while being cautious about the unrealized risk portions.
In addition, Lawyer Huang Qingfeng shared the “trend of courts in supporting attorney fees”, emphasizing the important roles of the “principle of autonomy of will” and the “principle of good faith” in judicial practice. Through several typical cases, he showed the factors considered by courts when determining attorney fees.
During the “Inspiring Discussion” segment of the lecture, Lawyer Huang raised a series of questions worth deep consideration, such as the qualifications of lawyers and the rationality of fees, strategies for presenting evidence for high attorney fees, and whether arbitration tribunals have the right to adjust attorney fees voluntarily. This sparked lively discussions among the audience.
Finally, Lawyer Huang Qingfeng, based on his many years of arbitration practices, shared practical advice on “how to choose an arbitration institution and an arbitrator”. He emphasized that attention should be paid to the professional background, responsibility, and independence of arbitrators, rather than blindly pursuing “relationships” or “reputation”.
This lecture is another important practice by Longan Guangzhou in professionalization and knowledge sharing. In the future, Longan Guangzhou will continue to rely on professional platforms such as the “Longan Bay Commercial Arbitration Research Center” to carry out series of brand activities like “Arbitration Talk”. It will continue to deepen research on arbitration theory and practice, aiming to provide clients with more forward-looking and precise legal services, and contribute Longan’s wisdom to the improvement and development of the diversified dispute resolution mechanism in the Greater Bay Area.