Zhong Lun recently represented Holiday Inns (China) Limited (“Holiday Inn”), an InterContinental Hotels Group company, and won a retrial case conducted by the Supreme People’s Court upon a prosecutorial protest. The legal team for this case was led by Decai Zhang, a partner in Zhong Lun Beijing Office, along with team members including partner Huimin Xia and senior associates Qiuqin Wan and Lei Zhang.
Holiday Inn sought to enforce the arbitral award rendered by China International Economic and Trade Arbitration Commission ((2010) CIETAC Award No. 0114), however, the debtor, Beijing Long Cheng Li Gong Business and Trade Centre, transferred out certain property under its name without consideration. Holiday Inn brought a lawsuit against Beijing Long Cheng Li Gong Business and Trade Centre and Beijing Chang Xin Hui Long Yuan Villa Co., Ltd. seeking to have the property transfer revoked. The case was heard by the Beijing First Intermediate People’s Court in the first instance, then by the Beijing High People’s Court in the second instance, and finally retried by the Supreme People’s Court. All three courts rejected Holiday Inn’s claims. In November 2014, Holiday Inn filed with the Supreme People’s Procuratorate a prosecutorial protest to the Supreme People’s Court’s decision. In October 2015, the Supreme People’s Procuratorate made the decision of the prosecutorial protest and requested the Supreme People’s Court to re-try this case. In February 2016, the Supreme People’s Court decided to re-try this case and made its final decision in June 2017 supporting all the claims of Holiday Inn.
It is very rare for a case rejected for re-trial by the Supreme People’s Court at first to receive a change of the original decision upon a prosecutorial protest made by the Supreme People’s Procuratorate. After seven years of unrelenting effort, Zhong Lun finally helped Holiday Inn win its case.
InterContinental Hotels Group is one of the world’s largest hotel management groups, with brands including InterContinental Hotels & Resorts, Crowne Plaza, Holiday Inn, Hotel Indigo among others. InterContinental Hotels Group manages over 5,000 hotels and resorts. Holiday Inn was one of the first foreign five-star hotel brands to enter the Chinese market.