By Guan Feng and Wu Sijie, King & Wood’s Litigation & Arbitration Group
In 2008, a financial derivatives dispute arose between a foreign-funded bank (the "Bank") and a local Chinese company (the "Company"). Although both parties executed certain documents to conclude the transaction, due to adverse changes in the international financial environment, the Company denied that the parties had entered into any contract regarding the derivative transaction and refused to perform. As a result, the Bank initiated a lawsuit against the Company to seek damages.
Continue Reading Culpa in Contrahendo: PRC Judgment in Dispute over Financial Derivatives Services