DISPUTE
RESOLUTION
Where equitable subordination applies to shareholder loans
When shareholder loans mask undercapitalisation, Chinese courts apply equitable subordination in bankruptcy to protect ordinary creditors from severe abuse
Addressing non-performing personal loans
China’s expanding consumer credit market has brought mortgages and personal lending into the financial mainstream
Addressing financial disputes in ADR mechanisms
Lengthy litigation and enforcement hurdles? ADR offers flexible, efficient remedies for financial conflicts
Dissecting invalidity of financial loan agreements
A financial loan agreement is the core legal instrument governing lending between banks, licensed financial institutions and market participants
Shareholder and affiliate liability disputes: offence and defence
China’s new Company Law sharpens risks around veil piercing, related-party exposure and debt evasion, reshaping compliance and recovery strategy
How principal, interest are calculated and applied in court (Part 2)
A concise guide to penalty interest, compound interest and judicial rate caps for bank loans, with key rules and case law insights
Corporate criminal risk: Pitfalls and course corrections
Criminal exposure is the risk companies can least afford
Navigating mining dispute resolution
A long-time legal adviser to the coal and energy sector, the author has navigated multiple episodes of upheaveal in mining
Case study: Seeking compensation for ‘no contract’ overseas projects
In 2018, a large state-owned design institute signed a strategic co-operation agreement with a Hong Kong investment company to jointly develop a hydropower project in Nepal
Using SPVs to control founder risks in VAM agreements
In investment and M&A deals, valuation adjustment mechanism (VAM) agreements, also known as bet-on agreements, are increasingly used to bind the parties’ interests and drive the target’s performance
