蔡果
Cai Guo

Ms. Guo Cai leads the International Law and Sports Dispute Resolution practice, Jin Mao Law Firm. A graduate of Harvard Law School, Ms. Cai is bilingual and admitted to practice law in People’s Republic of China and the State of New York. Before entering the sports sector, Ms. Guo Cai gained extensive foreign-related experience from practicing with a top-ranking PRC law firm and a Wall Street Law Firm, both highly regarded for their arbitration department. 

 

Since 2008, Ms. Guo Cai has been thoroughly involved in the organization of international sporting events, first as a professional volunteer for the Beijing Olympics, and then as legal advisor for national and international sports organisations. With a steady increase of her sports law portfolio, she created and oversees the International Law and Sports Business practice within Jin Mao Law Firm in order to provide dedicated, industry-oriented service to sports clients. The LexVeritas practice group adopts the innovative feature to combine legal expertise with industry specificities, aiming to connect international best practice with the sports industry in China.

 

Ms. Guo Cai’s legal credential is solid, with particular strength in sports law, regulations and policies set in Chinese reality. Sensitive to business needs, she appreciates the value of diversity and thinks out of box. Her approach is always based on law but not refrained by it – she sees the big picture and is well positioned to advise clients who need not only legal opinions but also practical solutions. As a result, the practice particularly impresses clients with its problem-solving ability, the determination and competence to achieve client’s goals. In 2020, Ms. Guo Cai contributes to the debut of Sports Dispute Resolution in China (2020) published by the Beijing Arbitration Commission, the first time that sports has been broken out from entertainment for separate discussion. She is the co-author of this inaugural volume.

 

SELECT EXPERIENCE

1.INTERNATIONAL DISPUTE RESOLUTION (ARBITRATION)

  • Represented World Snooker in its dispute against a Chinese contracting party and achieved World Snooker’s goal, with approximately USD 20 million at stake.
  • Represented a Chinese state-owned enterprise in response to an ICC (International Chamber of Commerce) arbitration in Singapore initiated by its Southeast Asian partner; as the only Chinese lawyer in the team, responsible for facts investigation, witness statement drafting, document management, and drafting of submissions.
  • Advised an Isrealian company on its potential investor-state arbitration against the Republic of Armenia.
  • Represented a Chinese company in the education sector in response to an HKIAC arbitration initiated by its investors involving complex legal issues and multiple parties.
  • Represented an American company in its successful enforcement of foreign arbitral award in Chinese court.
  • Advised foreign companies including Apple Inc., Sanofi S.A., and the Dow Chemical Company on dispute resolution and PRC law.

 

2.SPORTS

  • Successfully represented World Snooker in a Beijing Arbitration Commission (BAC) proceeding against a State-owned company, which compelled the opponent to comply its contractual obligation while maintaining the Parties’ long-term cooperation.
  • Successfully represented Matchroom, a company based in the UK and achieved its goal in a dispute with its Chinese contracting partner. 
  • Represented a major national sport association in CAS proceeding and managed the association’s filing of appeal, drafting of submissions and oral arguments at the hearing.
  • Advised the e-sport operation of a major sport group based in Shanghai, China Represented a major national sport association in parallel international dispute proceedings before its world governing body; as the lead counsel, responsible for evidence collection, witness interview and drafting of legal submissions in English.
  • Advised international sports federations on commercialization strategy and all aspects of legal issues, such as events contract, host-city contract, sponsorship, licensing and broadcasting rights; advised on compliance with the General Data Protection Regulation (GDPR).
  • Represented a Serbian professional football coach in the dispute against a Chinese football club, concerning the enforceability of decision by Players’ Status Committee (PSC) of FIFAAdvised an international sports organization on its policy and strategic framework.
  • Advised a sport agency company based in Singapore on player’s contract and commercial legal matters.
  • Advised a sport development company based in Beijing in relation to an event licensing right purchased from its rights holder in UK.
  • Advised a sport enterprise based in Shandong on its sports town project, which utilizes the Public-Private Partnership (PPP) for sporting facility construction across Shandong Province, including the installation of a large-scale surfing facility on the seashore of Shandong.
  • Advised a sport company and a football club based in Guizhou in relation to its youth training program involving employment of foreign coaches and cooperation with European football clubs.
  • As a member of team, represented Michael Jordan in the litigation in relation to his name rights and trade mark against Qiao Dan sports.

 

PROFESSIONAL QUALIFICATION

  • Lawyer’s License, People’s Republic of China(passed in 2011;admitted in 2013).
  • Lawyer’s License, State of New York, The United States of America (passed in 2014, admitted in 2015).
  • Member, American Bar Association.
  • Member, Sports Law Section of Shanghai Municipality Bar Association.

 

LANGUAGE

  • English
  • Mandarin
  • Chinese
  • Cantonese

 

PUBLICATIONS

  • Sports Dispute Resolution in China (2020)”, in “Commercial Dispute Resolution in China (2020), upcoming (July 2020), Beijing Arbitration Commission; Introductory Remark can be accessed here; the full report can be accessed here.
  • Chapter on China, in “Covid-19 and Its Impact on Football – A Sports Law and Policy Centre and LawInSport Joint Survey”, access here.
  • WADA v. Sun Yang & FINA: Reflection of A Chinese Lawyer & Lessons for Sports in China”, LawInSport, access here.
  • Critical Analysis of WADA v. Sun Yang & FINA (CAS 2019/A/6148) Public Hearing: Whose Understanding of Rules Shall Prevail?”, Lan Xiong Sports, Legal Bulletin, 9 January 2020, See here.
  • Gaining the Momentum – A Review on Development of Sports Law in China”, published on invitation by JAMS and Beijing Arbitration Commission, JAMS newsletter (January 2020), See here.
  • Why Understanding Diplomacy is the No.1 Rule for Navigating the Chinese Sports Market (A Chinese Perspective on the Rockets/NBA Fallout”, LawInSport, 21 October 2019,See here.
  • A Review of China Sports Law Week 2019 –Inclusivity, Integrity and Insights”, LawInSport, 28 August 2019, See here.
  • Why Sports Broadcasters in China Cannot Currently Rely on Copyright Law to Protect against Unauthorised Livestreams (and Possible Solutions)”, LawInSport, 14 June 2019, See here.
  • China Sports Law Update: January – March 2019)”, LawInSport, 28 March 2019,See here.
  • Who to Naturalize – Naturalization of Football Players in Compliance with FIFA Regulations”, Lan Xiong Sports, Legal Bulletin, 12 March 2019, See here.
  • Sponsorship Agreement in China – the Rules for International Sports Federations without Permanent Establishment”(《与中国公司签订赞助协议—未在中国设常设机构的国际体育组织需知的税务规则》), LawInSport, 29 January 2019,See here.
  • The Effective Use of Investor-State Arbitration By Chinese Investors – the Battle of Jurisdiction” (《中国投资者如何有效运用国际投资仲裁:仲裁管辖权之争的启示》), Arbitration and Law,Issue 131 (Second Prize of 2015 “Zhong Lun” International Commercial Arbitration Essay Competition)
  • Book Review of Suzannah Linton (ed.), Hong Kong’s War Crimes Trials”, Journal of International Criminal Justice (2016), Oxford University Press.
  • Retrieving a Missing Piece of Past: A Book Review of Hong Kong’s War Crimes Trials”,  Chinese Yearbook of International Law(2015), Law Press,April 2016.
  • Asylum Seekers Could Be Quality Migrants”, Economic Journal Insight, 22 May 2015, See here.
  • Civil Disobedience: Lessons of Courage from Hong Kong War Crimes Trials”, Economic Journal Insight,18 May 2015,See here.
  • Citizen four: A Moving Story of Choices and Beliefs”, Economic Journal Insight, 6 May 2015,See here.

 

PUBLIC SPEAKING AND SOCIAL ACTIVITIES

  • Tokyo 2020: Will the Olympics Win the Gold for IP Protection?”, Interview by Asia IP Law Magazine, 31 May 2021, please find the coverage here.
  • Webinar Series on Dispute Management and Resolution in International Sport Events”, Moderator, Fudan University Law School, June 2021
  • Regulating and Educating Football Agents”, Panelist, at LawInSport Annual Conference 2020, 21 May 2020. 
  • The Intrinsic Constitutional, International and Human Rights Element of Sports Dispute Resolution”, Speaker, Swiss-China Webinar on WADA v. Sun Yang & FINA, 31 March 2020, access the coverage here (in Chinese). 
  • Webinar on the CAS Award of WADA v. Sun Yang & FINA (CAS 2019/A/6148)”, Sports Law Committee of Shanghai Bar Association, 4 March 2020, please find the coverage here
  • Talent Management in the Context of Global Talent Movement”, Co-organiser and keynote speaker, Beijing, 6 June 2019, please find details here.
  • China Sports Law Week (UK)”, Organiser and keynote speaker, Beijing and Shanghai, 29 July – 8 August 2019, please find details here.
  • Sports Dispute Resolution”, Beijing Arbitration Commission “Forum for Selected Professionals”, Organiser and Keynote speaker, Beijing, 2 August 2019, please find details here.
  • Understand the Rules of Games”, LawInSport Annual Conference 2019,  “Diplomacy: Exploring the Relationship Between Sports, Global Politics and the Law”, London,  13 September 2019, please find details here.
  • Sports Law and Alternative Dispute Resolution – A Perfect Match”, co-hosted by Beijing Arbitration Commission and JAMS, Panelist on   “Athletes and Governing Bodies Behaving Badly: Arbitrating Disciplinary Related Disputes”,Beijing, 1 November 2019, please find details here.
  • Academic Seminar on Legal Issues Relating to the Beijing 2022 Winter Olympics”, Co-Organised by BOCOG, the Sports Science Magazine, China Sports Technology Magazine, and the Sports Law Institute of China University of Political Science and Law, Presentation at Chapter on International Sports Arbitration and Winter Olympics, regarding “Legal Assistance in Olympic Games and Lessons Learnt from Previous Experience”, Beijing, 9 November 2019, please find the report by sports.people.cn here.

Title:Partner

Field:Arts (Creative Industry), Sports and Education, International Dispute Resolution

Phone: +86 21 6249 6040

Email: guo.cai@jinmao.com.cn

Language: Chinese,English

Personal Introduction:
Graduate of Harvard Law School (LLM.); University of Hong Kong (LLM. in Human Rights, with Distinction); China University of Political Science and Law (LLB.); Hague Academy of International Law (Public International Law Summer Course, Class A Scholarship) . She leads the International Law and Sports Dispute Resolution practice, Jin Mao Law Firm. She is bilingual and admitted to practice law in People’s Republic of China and the State of New York.
Serving Customers:
International Organizations, Athletes, National Sport Associations and Other Sport Stakeholders.