--- title: "Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation" meta: "og:description": "The testimony from the law and legal expert consists of broad summaries of the law" "og:title": "Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation" author: "Shuva Guha Thakurta" description: "The testimony from the law and legal expert consists of broad summaries of the law" --- # Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation Posted on August 5, 2026 by Shuva Guha Thakurta On December 18, 2023, Petitioner Zhongtie Dacheng (Zhuhai) Investment Management Co. Ltd. ("Petitioner") filed the operative Petition for confirmation of a March 24, 2020 arbitration Award ("Award") by the Beijing Arbitration Commission ("Commission") against respondents Jinggang Yan and Xiuhong Liang (together, "Respondents"). Petitioner filed the instant motions _in limine_ to exclude testimony and reports from two of Respondents' experts, [Cheng Chen](https://expertwitnessprofiler.com/expert-witness/Cheng-Chen/1578127) and [Can (Esther) Dong](https://expertwitnessprofiler.com/expert-witness/Can%20(Esther)-Dong/1578129). ![Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_05T200027_672.webp) ## Law and Legal Expert Witnesses [Cheng Chen](https://expertwitnessprofiler.com/expert-witness/Cheng-Chen/1578127) is a licensed attorney in the People’s Republic of China with over 20 years of experience practicing Chinese corporate and commercial law. Cheng has extensive experience advising on, negotiating, and litigating matters involving commercial lending, corporate financing, and related transactions in China. [Want to know more about the challenges Cheng Chen has faced? Get the full details with our Challenge Study report](https://expertwitnessprofiler.com/order/add?eId=1578127&pId=3). [Can (Esther) Dong](https://expertwitnessprofiler.com/expert-witness/Can%20(Esther)-Dong/1578129) is an attorney licensed to practice in Australia and the PRC and previously served as a judge adjudicating commercial disputes in the PRC for six years. [Gain a comprehensive understanding of Can (Esther) Dong’s qualifications and casework history with her Expert Witness Profile report.](https://expertwitnessprofiler.com/order/add?eId=1578129&pId=3) ## **Discussion by the Court** ### **A. CHEN'S EXPERT REPORTS AND TESTIMONY** Chen's expert report contains fewer than five pages of explanations for why "the absence of documentary evidence is inconsistent with normal and customary Chinese commercial lending practices." Petitioner argued that (1) Chen is unqualified to deliver testimony on commercial lending practices and (2) his opinions regarding spoliation are speculative. Here, the Court found that Chen's testimony is inadmissible. First, Chen's testimony on "standard documentation and communication practices for commercial loans in China" and "electronic communications in Chinese business transactions" is not relevant to the questions before this Court regarding whether Respondents establish a defense to confirmation. Specifically, Chen's commentary on Chinese lending practices is not relevant to the question of whether Respondents in this case signed the guarantees at issue and received notice of the Arbitration. Further, Chen's report relies on the absence of evidence to justify his conclusions. As Chen himself recognizes, his testimony on spoliation is speculative. Finally, Chen's testimony on the "fabricated or forged" nature of the guarantees and conclusion "the transaction is not legitimate," is impermissible testimony on "the legal effect of the agreements" at issue in this case. ### **B. DONG'S EXPERT REPORTS AND TESTIMONY** Her testimony and report largely summarize Chinese judicial decisions concerning the adequacy of service in arbitration disputes and apply these laws to the facts of the case in a short conclusion. Her expert report contains less than six pages of analysis of the instant case. Petitioner argued that (1) Dong's testimony on "Chinese commercial litigation" concerns an ultimate issue of law before the Court and (2) Dong is unqualified to provide said testimony. Here, the expert report from Dong consists of broad summaries of the law, and her ultimate conclusions on "critical procedural gaps regarding the service attempts made against Respondents." Thus, the Court held that Dong's testimony on issues of law in this case are improper. ## **Held** The Court granted Petitioner's motions _in limine_to exclude the testimony of Cheng Chen and Can (Esther) Dong. ## Key Takeaway Parties may not introduce so-called "expert testimony" on an ultimate issue of law in the form of witness opinion. ## Case Details: | Case Caption: | Zhongtie Dacheng (Zhuhai) Investment Management Co. Ltd. v. Yan | | --- | --- | | Docket Number: | 8:22cv461 | | Court Name: | United States District Court, California Central | | Order Date: | May 19, 2026 | --- ## **You Might Also Like** ![Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_05T200027_672.webp) [**Law and Legal Expert Not Allowed to Opine on Chinese Commercial Litigation**](https://expertwitnessprofiler.com/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation)![Traffic Engineering Expert Not Allowed to Opine on Negligent Conduct](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_05T175551_219.webp) [**Traffic Engineering Expert Not Allowed to Opine on Negligent Conduct**](https://expertwitnessprofiler.com/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation/traffic-engineering-expert-not-allowed-to-opine-on-negligent-conduct)![Psychiatry Expert Not Allowed to Opine on Skilled Nursing and Inpatient Rehabilitation Guidelines](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_04T202929_2761.webp) [**Psychiatry Expert Not Allowed to Opine on Skilled Nursing and Inpatient Rehabilitation Guidelines**](https://expertwitnessprofiler.com/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation/psychiatry-expert-not-allowed-to-opine-on-skilled-nursing-and-inpatient-rehabilitation-guidelines)![Roofing Expert Allowed to Opine on Weather Damage ](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_04T150950_5901.webp) [**Roofing Expert Allowed to Opine on Weather Damage **](https://expertwitnessprofiler.com/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation/roofing-expert-allowed-to-opine-on-weather-damage-)![Dermatology Expert Not Allowed to Opine on DMDM-induced Dermatitis](https://media.jurimatic.com/images/blog_pic_640X480_2026_08_03T200114_366.webp) [**Dermatology Expert Not Allowed to Opine on DMDM-induced Dermatitis**](https://expertwitnessprofiler.com/law-and-legal-expert-not-allowed-to-opine-on-chinese-commercial-litigation/dermatology-expert-not-allowed-to-opine-on-dmdm-induced-dermatitis)