作者:陈鑫尤杨、孙慧丽 金杜律师事务所争议解决

随着外商在华投资的快速发展及2008年金融风暴的影响,外国破产企业以诉讼方式,主动(作为原告起诉)或被动(作为被告或无独立请求权的第三人)处理其在华直接投资的案件开始出现并呈上升趋势。此类案件中,起诉或应诉时首先要解决的就是外国破产企业如何确定其诉讼主体的问题,即,应该以破产企业本身还是破产管理人作为原告(或被告)?这里既涉及国际私法领域的涉外民事法律关系的法律适用,还涉及我国破产法及相关规定在跨境破产案件中的法律适用。在目前法律规定不明确的前提下,这个问题解决起来看似简单,其实不然。Continue Reading 外国破产企业在中国参加民事诉讼如何确定诉讼主体的司法实践及趋势

By Wang Fengli and Wang Jiangang, King & Wood’s Dispute Resolution Group

For many people, their main wealth management strategy involves purchasing financial products promoted by banks. Since the first impact of the global financial crisis was felt in 2008, the performance of different bank-issued financial products has varied greatly. Some Chinese investors have lost money as a result of buying financial products promoted by foreign-funded banks, and some have even sued those banks for compensation. Since financial products are generally quite complex, hurt investors often make their claim against a bank on the grounds that the bank failed to give clear notice about the risks inherent in the financial product which it was promoting and that the bank induced the investor into purchasing a product while concealing important facts.Continue Reading Should Banks Be Held Responsible for Losses which their Clients have Suffered as a Result of Purchasing Wealth Management Products?

From 2003-2007, over US$100 billion poured into China via offshore structures in tax havens like the Cayman Islands. Much came from global institutional investors who tasked alternative investment managers with allocating a percentage of their portfolios to high-yield opportunity funds, emerging markets and real estate.

Everyone wanted a piece of the “China Dream,” but in recent months they have woken up to deteriorating economic conditions. Institutional investors are forcing redemptions of their investments from high-yield, high-risk markets.

Jack Rodman, Senior Advisor to King & Wood\‘s International Debt/Restructuring Practice

Summarized from Mr. Rodman’s article for China Economic Review, May 2009.Continue Reading The Best of a Bad Deal