Choice of Law

CHINESE UPDATE: The Recent Judicial Development of “Piercing the Corporate Veil” in China

The Recent Judicial Development of “Piercing the Corporate Veil” in China 1.      Summary of “Piercing the Corporate Veil” and the relevant regulations “Piercing the corporate veil” (also known as “forward disregard of corporate personality”, hereinafter referred to as the “forward disregard”), originated in the United States.  The doctrine is used to prevent shareholders … Continued

Editors' Note: This article was authored by Zhenyong (Allan) Ye, a partner at JunHe. Mr. Ye has broad experience in foreign related dispute resolution, cross-border enforcement, and crisis management services.  Sien Bi (Associate) and Jin Wang (Intern) also contributed to the article. The authors give special thanks to Adam Li (Partner), who edited extensively the English version of this article.


CANADIAN UPDATE – Supreme Court of Canada Extends its Jurisdiction

Highlights:  On September 4, 2015, the Supreme Court of Canada held that the Ontario court has jurisdiction to hear an action brought by Ecuadorian plaintiffs seeking the recognition and enforcement in Ontario of an Ecuadorian judgment against the U.S. multinational corporation Chevron (Chevron US) and its Canadian subsidiary (Chevron Canada) even where Chevron US had … Continued

Editors’ Note:  This update was authored by Poonam Puri, a Professor of Law and former Associate Dean at Osgoode Hall Law School, and an affiliated scholar with the Canadian law firm, Davies Ward Phillips & Vineberg LLP (“Davies”), and Davies partners Sarah V. Powell,  who practices in the areas of environmental, aboriginal and energy law, and litigation partners Luis Sarabia and George J. Pollack. It was submitted to XBMA by Davies partner Berl Nadler who is a member of XBMA’s Legal Roundtable.


Global Update – Cross-Border Schemes of Arrangement and Forum Shopping

Executive Summary:  A number of recent high profile cases have allowed non-English companies to make use of the English scheme jurisdiction to restructure their debts.  These decisions have proved controversial in some quarters, with concerns being raised that allowing these schemes of arrangement to proceed facilitates forum shopping. The purpose of my paper, Cross-Border Schemes … Continued

Editors’ Note: This paper was authored by Jennifer Payne, who is Professor of Corporate Finance Law at the University of Oxford.


DUTCH UPDATE – Dutch Court Assumes International Jurisdiction and Declares An International Collective Settlement Binding

Highlights:  The Netherlands has become an attractive venue for settling international mass claims, irrespective of whether any litigation has taken place in the Netherlands. The Netherlands is the only European jurisdiction offering a procedure to declare a collective settlement binding on all class members on an “opt out” basis. Recently, the Amsterdam Court of Appeal … Continued

Editors’ Note: Kees Peijster and Geert Potjewijd are partners at De Brauw Blackstone Westbroek, resident in Amsterdam and Beijing, respectively, and are members of XBMA’s Legal Roundtable.  As leading Dutch M&A lawyers, they have broad expertise handling significant cross-border transactions involving China and the Netherlands.  The authors are Ruud Hermans, head of De Brauw´s corporate litigation, and Jan Tjeenk, partner in financial markets and corporate litigation.


RUSSIAN UPDATE – English Law Still Dominates in Russian M&A Transactions; a Comparison Shows Why…

This paper is the first in a series of papers on the choice of law in international M&A transactions. We invite further papers on this topic. Highlights: Despite developments in Russian corporate legislation, the mergers and acquisitions and international finance markets in Russia still heavily rely on English law. Business partners in Russia often choose … Continued

Editors’ Note: This paper was co-authored by Goltsblat BLP (the Russian practice of Berwin Leighton Paisner) partners Ian Ivory and Anton Rogoza. Mr. Ivory is Head of English Law - Corporate Finance at Goltsblat BLP, where he and Mr. Rogoza focus on mergers and acquisitions, private equity, joint ventures and corporate restructuring projects. They often represent international companies in connection with their investments in Russia. This paper is a summary of a report entitled “Use of English law in Russian transactions – a comparative review” which was recently published by the authors.


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