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Model Cases Regarding Providing Judicial Services and Safeguards by the People’s Courts for the Construction of the “Belt and Road”

From: 最高人民法院网         Updated: 2017-05-15

Table of Contents

1. Sino-Environment Technology Group Limited (Singapore) v. Thumb Environmental Technology Group (Fujian) Co., Ltd. (Disputes over Shareholder’s Contribution)

2. ThyssenKrupp Metallurgical Products GmbH v. Sinochem International (Overseas) Pte.,Ltd. (Disputes over a Contract on International Sales of Goods)

3. Hachiman Shipping S.A. v. Shanghai Shenfu Chemical Co., Ltd. and Dorval Kaiun K.K.(Disputes over Goods Damage Compensation in a Marine Freight Contract)

4. A series of Cases regarding Disputes Arising from Abandonment of the Sierra Leonean Vessel “LEDOR” by Its Albanian Owner, G&B Shipping SH.P.K.

5. Runipsys (Wuhan) Injection Systems Co., Ltd. v. Wuhan Branch of TNT International Forward Agency (China) Co., Ltd.( Disputes over a Contract on Goods Carriage by Air)

6. Zhejiang Yisheng Petrochemical Co., Ltd. v. INVISTA Technology Co., Ltd. (Luxembourg) (Disputes over Application for Confirming the Effect of an Arbitration Clause)

7. Jiangsu Taihu Boiler Co., Ltd. v. PT. KRAKATAU Engineering Co., Ltd. and Wuxi Branch of Bank of China Co., Ltd.( Disputes over Letter of Guarantee Fraud)

8. Case regarding Application of Fuligubohr Co., Ltd. (Poland) for Recognizing and Enforcing the Judgment Rendered by the Court of the Republic of Poland 

Case 1

Providing Impartial and Efficient Judicial Services and Safeguarding the Lawful Rights and Interests of both Domestic and Foreign Investors on an Equal Footing

——Sino-Environment Technology Group Limited (Singapore) v. Thumb Environmental Technology Group (Fujian) Co., Ltd. (Disputes over Shareholder’s Contribution)

I. Basic Facts

Thumb Environmental Technology Group (Fujian) Co., Ltd. (hereinafter referred to as “Thumb Company”) was a wholly foreign-owned enterprises established by Sino-Environment Technology Group Limited (Singapore) (hereinafter referred to as “Sino-Environment Group”) in China. On June 30, 2008, the registered capital of Thumb Company was increased to CNY 380 million upon approval. On April 27, 2012, Thumb Company filed a lawsuit on the ground that Sino-Environment Group failed to make contribution in full amount and requested the court to order that Sino-Environment Group should perform its shareholder’s obligation of contribution and pay the increased capital of CNY 45 million.

After a trial of first instance, the High People’s Court of Fujian Province held that Sino-Environment Group failed to perform its statutory obligation of making contribution in full amount as a shareholder, which has impaired the property right of legal person