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eNews
Navigating He-Said-She-Said Disputes in the Arbitration
Parties in commercial arbitration are often asked to submit a statement of agreed facts (“Agreed Facts”) early on to create a binding factual record for the arbitral proceedings.   However, could this record inadvertently restrict a party from pleading alternative cases ? What happens if a party strays from these facts midway through the proceedings, or if the Tribunal’s final award deviates from them ?   The Hong Kong Court of First Instance recently addressed these ...
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China Updates
Regulatory Scrutiny and Unwinding the Red-Chip Structure
Generally, a Red-chip structure refers to a cross-border shareholding structure whereby the shareholders of a PRC domestic operating entity establish a Special Purpose Vehicle (“SPV”) offshore and subsequently exercise direct or indirect control over the said PRC domestic operating entity through equity ownership or contractual arrangements with the offshore SPV. Enterprises that adopt the above structure are commonly referred to as the "Red-chip Enterprises."   For decades, the ...
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