storm of litigation

Reading Tips In practice, when the non-breaching party sues the breaching party for payment of liquidated damages, the breaching party often requests the court to reduce the liquidated damages based on the provisions of the Civil Code regarding the adjustment of liquidated damages. However, in some contracts, not only are high liquidated damages stipulated, but it is also agreed that both parties waive the right to request the court to adjust the liquidated damages. Is such an agreement valid? Main Judgement Point If both parties to the contract agree to waive the right to request an adjustment of punitive liquidated damages, such an agreement does not violate mandatory provisions of laws or administrative regulations, nor does it violate the principle of fairness, and the agreement is valid. Case Summary On May 6, 2015, Leping Huaren Company (Party A) and Hongkelong Company (Party B) signed a "Lease Agreement", agreeing that Leping Huaren Company would build a property on th...

 On September 8, 2024, the National Development and Reform Commission (NDRC) and the Ministry of Commerce (MOFCOM) released the Special Administrative Measures for Foreign Investment Access (Negative List) (2024 Edition). In order to understand the revision of the 2024 version of the National Negative List for Foreign Investment Access, and in response to the concerns of various sectors, the reporter interviewed the relevant responsible comrades of the National Development and Reform Commission. Q: Please introduce the background of the 2024 version of the National Negative List for Foreign Investment Access. A: In October 2023, General Secretary Xi Jinping announced at the opening ceremony of the Third Belt and Road Summit Forum on International Cooperation that restrictions on foreign investment access in the manufacturing sector would be completely abolished. The Third Plenary Session of the 20th CPC Central Committee demanded that we must adhere to the basic national policy of ...

Major Documents International Law September 09, 2024 08:39 Beijing WeChat public number “National Development and Reform Commission” news, with the consent of the Party Central Committee and the State Council, the National Development and Reform Commission and the Ministry of Commerce on September 8, 2024 issued Decree No. 23, the full text of the “Special Administrative Measures for Foreign Investment Entry (Negative List) (2024 Edition)”, effective from November 1, 2024, which will be implemented. The Special Administrative Measures for Foreign Investment Entry (Negative List) (2021 Version) was repealed at the same time. In October 2023, General Secretary Xi Jinping announced at the opening ceremony of the Third Belt and Road Summit Forum on International Cooperation that the restrictive measures on foreign investment access in the manufacturing sector would be completely abolished. The Third Plenary Session of the 20th CPC Central Committee pointed out that the negative list for fo...

  How to Deny Shareholder Status When Registered Under False Name Authors: Wang Jingcheng, Li Bin, Zhang Derong, Zhao Baorong (Beijing Yunting Law Firm) Reading Tips False registration refers to the act of using a fictitious legal entity or impersonating someone else to register that entity or individual as a shareholder with the company registration authority, while the actual investor exercises the shareholder rights. In practice, since in some regions the presence of shareholders is not required for company establishment, it is not uncommon for shareholder signatures in business registration materials to be signed by others on their behalf. This leads to many people being registered as company shareholders without their knowledge, so to speak, “trouble comes from the sky while sitting at home.” Filing a lawsuit to deny shareholder qualification is a common remedy for those whose names have been falsely registered. So, how do courts generally determine shareholder status in such ...