Case 1: Violation of legal procedures by an arbitration institution due to its delivery of documents to a clearly non-existent address of the respondent without verifying its authenticity
This case marks the first instance in the Chinese mainland of applying the "Arrangement on Reciprocal Recognition and Enforcement of Civil and Commercial Judgments by Courts of the Mainland and the Hong Kong Special Administrative Region" (hereinafter referred to as the "Arrangement") since it came into effect on January 29, 2024.
The effective ascertainment of foreign laws plays an important role in equally protecting the rights and interests of Chinese and foreign parties, promoting international civil and commercial exchanges, protecting the legitimate commercial interests of commercial subjects, and properly resolving international commercial disputes.
As overseas tourism continues to grow, irregularities occur in the entrusted tourism services. Chinese courts will serve and protect the enterprises in foreign-related cases, and give judicial guidance to foreign companies to improve their management and standardize their business behaviors.
Disputes over the validity of resolutions of foreign-related joint venture companies are caused by conflicts in internal management of legal persons, and the choice of the applicable law shall be determined in accordance with the personal law of legal persons in the place where the joint venture company is registered.
When dealing with foreign-related cases, the court should first conduct a proactive review of competence and jurisdiction, and review the validity of any arbitration clause.
This case involves a series of legal issues such as performance compensation clauses (Valuation Adjustment Mechanism, VAM), changes in circumstances, and company's guarantee liability for shareholders' debts.
Disputes often arise due to entrusted affairs in the process of investment immigration.
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