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The Price of Being a "Hidden Shareholder"In 2005, Lin, a foreign national of Chinese descent, entered into a Share Subscription and Custody Agreement with his domestic friend Chen. Lin provided the funds and purchased shares in a certain company in Chen's name, with Chen acting as nominee holder and custodian. The company subsequently com
Introduction: A Hong Kong company completed the discharge of a land mortgage, but because it "failed to notify" the other side, it was left owed HK$220 million; the transferee insisted that "without receipt of notice, there could be no default." The first-instance court held that the contract should continue to be performed, but the Supreme Pe
I. The Dilemma in the Case: A Contract That Might Be InvalidA certain design institute (hereinafter referred to as the "Chinese Design Institute") and a certain construction company (hereinafter referred to as the "Chinese Contractor") entered into a subcontract for a project in a certain African country. The contract provided that: the Chinese Des
A domestic general contractor and a subcontractor with overseas construction experience entered into a cooperation agreement, pursuant to which the subcontractor would borrow the general contractor's name and actually assume all construction obligations for an EPC project in Saudi Arabia. After completion of the project, the parties disputed the se
Introduction: A project located overseas, a contract between two Chinese citizens, and a construction payment that has long gone unpaid. When the contractor brings suit against the employer before a domestic court, the other side argues: the project is abroad, so the case should be governed by a foreign court. Does the domestic court have juri