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Mr. Liu Guixiang, Senior Judge and Chief of Enforcement Bureau of SPC, addressed SHIAC's arbitrators

 

 

The second training session for SHIAC’s arbitrators was held on June 15, 2013.  At the invitation of SHIAC, Senior Judge Mr. Liu Guixiang, Chief of Enforcement Bureau of the PRC Supreme People's Court addressed on how to review the validity issues in contracts. The audience included more than 100 arbitrators and lawyers from companies and law firms around the Yangtze Delta area.

 

Based upon his broad trial experience, Mr. Liu discussed many practical issues in the area, including how law has developed regarding validity of contract, how to look at the contacts which have not become effective, how to complete the approval obligations in order to make a contract become effective, and how to review the validity of certain special types of guaranty. After the address, the audience was highly responsive with questions, which included how to look at the validity of undertaking clauses in PE investment agreements, validity of minimum purchase undertakings in bulk commodity purchase agreements, how the SAFE regulations would affect the validity of contracts, the validity of agreements intending to evade regulatory approvals in VIE structures, and the validity of bank guaranty or LC used as counter-guaranty intending to evade mandatory restrictions on guaranties among affiliates. Mr. Liu responded to the questions in detail and with insight. Mr. Liu's address was well received by the audience.

 

Mr. Sheng Yongqiang, Vice-president of Higher People's Court of Shanghai Municipality, and Mr. Ding Wei, Director of the Legislative Affairs Commission of the Standing Committee of Shanghai People’s Congress accompanied Mr. Liu. Mr. Li Zhigang, Vice Chairman of SHIAC, hosted the event.

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