Guantao forum on ideas and practices for dispute resolution of financial cases
On 26 October 2024, the forum "Ideas and Practices for Dispute Resolution of Financial Cases", hosted by Guantao’s Financial Insurance and Derivatives Business Committee and co-organized by Guantao Beijing Office, was held in Beijing IFC Center. This Forum focused on financial disputes, discussed the opportunities and challenges faced by legal services for financial dispute resolution, and explored efficient solutions for financial disputes.
(Group photo of some attendees)
On the Forum, Guantao partners and lawyers Mr. Liu Zitai, Mr. Xue Zhihong, Mr. Song Jia, Mr. Liu Dagang, Ms. Yang Hui and Ms. Yin Ying, each shared splendid thoughts on the topics respectively of: “Litigation Strategies in the Event Non-Standardized Debt Products Become Overdue”, “Planning and Response to Disputes over Tort Liability of Asset Management Products”, “Issues in Dispute in Litigation of Misrepresentation by Listed Companies”, “Practice on Dispute Resolution in Standard Trust”, “Issues in Dispute over Share Repurchase”, and “Compulsory Arbitration in US Securities Sector”.
Mr. Liu Zitai introduced the relevant issues concerning non-standardized debt products, and made detailed analysis on the litigation strategies in the event that non-standardized debt products become overdue by taking the cases he actually handled as examples.
(Mr. Liu Zitai)
Focusing on the disputes over the liability for tort of asset management products, Mr. Xue Zhihong discussed in details from the aspects of infringement act, damage consequences, causal link and subjective fault.
(Mr. Xue Zhihong)
Based on his practical experience in dispute over false statement liability, Mr. Song Jia introduced the issues in dispute in the litigation of false statement by listed companies, and focused on the significance of the act of false statement, the causal link between false statement and transaction acts, the determination of investment losses and other aspects.
(Mr. Song Jia)
Mr. Liu Dagang shared the market situation of standard trusts and common transaction structures of standard trusts, and based on typical cases, he also explained such issues in question as whether the additional capital required to be increased by inferior beneficiaries is the obligation of inferior beneficiaries and whether the difference compensation agreement constitutes a commitment to guaranteeing the principal and yields of the prior beneficiaries.
(Mr. Liu Dagang)
Ms. Yang Hui discussed the issues in dispute over share repurchase, such as the effectiveness of the VAM repurchase clause, the exercise period of the VAM repurchase, the limit of the shareholder's repurchase liability and the calculation of the amount to be repurchased, and she also introduced the impacts of the newly revisedCompany Law on the VAM repurchase clause.
(Ms. Yang Hui)
Starting from the compulsory arbitration clauses in investment adviser agreements, Ms. Yin Ying introduced the relevant laws on compulsory arbitration in the American securities fields, and then focused on how investment advisers ultimately influence the arbitral award by designing such clauses.
(Shared online by Ms. Yin Ying)
Ms. Tan Weihong, the Director of Guantao Financial Insurance and Derivatives Business Committee, summarized the forum and introduced the original purpose of the forum. She expressed her gratitude to all the speakers for sharing their profound opinions and practical experiences. Ms. Tan pointed out that the committee will continue to serve all lawyers in Guantao for their better professional development in the areas of financial insurance and derivatives business.
(Ms. Tan Weihong)
Guantao will continue to make innovations, summarize practical cases, conduct in-depth research on the latest trends and hot issues in the field of big finance, and enhance the professional service ability in the field of financial dispute resolution to provide all-round, high-quality professional services for clients.
