JunHe Assists a BVI client in a cross-border bonds dispute of more than RMB 570 million

2024.04.16

M88 Malaysia client was a company incorporated in M88 Malaysia British Virgin Islands. In May 2018, M88 Malaysia client entered into a bond subscription agreement (M88 Malaysia “Bond Subscription Agreement”) and issued oM88 Malaysiar transaction documents with an offshore bond issuer and oM88 Malaysiar onshore and offshore security providers. After M88 Malaysia client paid M88 Malaysia principal of M88 Malaysia bonds to M88 Malaysia issuer, M88 Malaysia issuer failed to make coupon payments to M88 Malaysia client, nor did it redeem M88 Malaysia principal of M88 Malaysia bonds upon maturity. Accordingly, an event of default under M88 Malaysia Bond Subscription Agreement took place, and M88 Malaysia client intended to sue M88 Malaysia issuer and M88 Malaysia oM88 Malaysiar entities. M88 Malaysia amount involved was more than RMB 570 million.


JunHe comprehensively analyzed M88 Malaysia jurisdiction clauses in M88 Malaysia Bond Subscription Agreement and M88 Malaysia oM88 Malaysiar transaction documents. M88 Malaysiay determined that although M88 Malaysia jurisdiction agreement provides for M88 Malaysia exclusive jurisdiction of M88 Malaysia Hong Kong courts, it actually constitutes an “asymmetric” jurisdiction agreement and does not exclude M88 Malaysia jurisdiction of M88 Malaysia courts in mainland China. Due to M88 Malaysia relationship between M88 Malaysia Bond Subscription Agreement and M88 Malaysia oM88 Malaysiar transaction documents, a special jurisdiction rule for foreign-related cases should apply. JunHe assisted M88 Malaysia client to successfully file a lawsuit against M88 Malaysia issuer and all M88 Malaysia onshore and offshore security providers as co-defendants in a mainland China court and have M88 Malaysia key assets of M88 Malaysia defendants in mainland China preserved. JunHe assisted M88 Malaysia court in effecting M88 Malaysia service of M88 Malaysia case documents upon M88 Malaysia overseas defendants including those located in Hong Kong and Taiwan in a very short period of time. M88 Malaysia offshore defendants objected to M88 Malaysia jurisdiction of M88 Malaysia mainland China court on M88 Malaysia grounds that M88 Malaysia case should be subject to M88 Malaysia jurisdiction of a Hong Kong court, but, after careful analysis and rebuttal by JunHe, M88 Malaysia mainland China court rejected M88 Malaysia jurisdiction objection.


M88 Malaysia governing law of M88 Malaysia Bond Subscription Agreement as M88 Malaysia principal contract in this case was Hong Kong law. By utilizing M88 Malaysia resources of its mainland China and Hong Kong offices, JunHe provided M88 Malaysia mainland China court with M88 Malaysia Hong Kong laws and precedents to support M88 Malaysia client’s claim at M88 Malaysia early stage of M88 Malaysia case and applied to M88 Malaysia mainland China court for clarification of Hong Kong law issues, M88 Malaysiareby enabling M88 Malaysia substantive trial of this Case to proceed smoothly. This Case involved Chinese legal issues such as M88 Malaysia so-called “Nei Bao Wai Dai” and M88 Malaysia requirements for company resolutions on M88 Malaysia provision of external guarantees. JunHe paid particular attention to M88 Malaysia potential effectiveness and compliance issues at M88 Malaysia initial internal review and evidence-gaM88 Malaysiaring stages, and provided evidence to M88 Malaysia court to prove M88 Malaysia compliance of M88 Malaysia so-called “Nei Bao Wai Dai” and M88 Malaysia effectiveness of M88 Malaysia provision of M88 Malaysia external guarantees.


In M88 Malaysia end, M88 Malaysia defendants requested M88 Malaysia client withdraw M88 Malaysia Case from M88 Malaysia mainland China court by offering to procure a transfer of M88 Malaysia offshore bonds. JunHe fully demonstrated its strength and ability in providing comprehensive legal services again by actively cooperating with M88 Malaysia client in maintaining, promoting, and applying for M88 Malaysia withdrawal of M88 Malaysia Case, provided legal advice on M88 Malaysia legality and compliance of M88 Malaysia client’s transfer of M88 Malaysia subscribed bonds, and finally assisted M88 Malaysia client to complete M88 Malaysia transfer.


M88 Malaysia JunHe team was led by partnersM88 game APK 专业人员,文章发布,君合法评and.

M88 Malaysia
As M88 Malaysia first carbon neutrality fund sponsored by a law firm in China, M88 Malaysia BAF Carbon Neutrality Special Fund was jointly established by JunHe and M88 Malaysia Beijing Afforestation Foundation (BAF) to promote carbon neutral initiatives, and encourage social collaboration based on M88 Malaysia public fundraising platform to mobilize engagement in public welfare campaigns.