Gaopeng's agency for partnership funds has won a complex dispute arbitration case and executed it effectively
2025 07/30
Recently, a partnership fund dispute arbitration case represented by lawyers Xie Xiangyang and Lu Jiefeng from Gaopeng (Shanghai) Law Firm was successfully won, and the full amount has been fully executed.
The complex three GP (general partner) structure of the partnership fund involved in this case has led to disputes due to the unclear connection mechanism between employee follow-up investment incentives and fund operations. During the agency process, the team accurately broke through the focus of disputes, ultimately not only winning the lawsuit for the client, but also promoting the efficient execution of the full payment. This case involves multiple difficult disputes, mainly including:
1. Power Path Debate: In the absence of a clear connection between employee follow-up investment incentives and the design of partnership fund systems, which power path may receive support is particularly crucial.
2. Legal application dispute: In the case of coexistence of partnership legal relationships and fund legal relationships, is there a conflict of rules between the application of the Partnership Enterprise Law and the application of special regulatory provisions for private equity funds.
3. Pre litigation dispute over derivative litigation: When there is a fundamental disagreement among the parties regarding the legal nature of the disputed property, there arises a pre litigation issue of whether it is necessary to initiate a derivative litigation in the name of the partnership enterprise, which in turn affects whether the payment request in this case can be directly supported.
Lawyer Gao Peng's core claims and reasoning, based on a comprehensive analysis of the transaction background and business logic, a deep understanding of the operating rules of partnership funds, and a precise grasp of the details of the case, have gained the support of the arbitration tribunal and won the judgment. The full amount was executed within one month after the filing of the case.
The achievements in this case fully reflect the professional strength and service ability of Lawyer Gao Peng in handling financial and commercial cases. Gaopeng Lawyer will continue to uphold the law firm philosophy of integrity and professionalism, and focus on and deeply cultivate in the field of financial and commercial dispute resolution, providing high-quality services to clients.
The complex three GP (general partner) structure of the partnership fund involved in this case has led to disputes due to the unclear connection mechanism between employee follow-up investment incentives and fund operations. During the agency process, the team accurately broke through the focus of disputes, ultimately not only winning the lawsuit for the client, but also promoting the efficient execution of the full payment. This case involves multiple difficult disputes, mainly including:
1. Power Path Debate: In the absence of a clear connection between employee follow-up investment incentives and the design of partnership fund systems, which power path may receive support is particularly crucial.
2. Legal application dispute: In the case of coexistence of partnership legal relationships and fund legal relationships, is there a conflict of rules between the application of the Partnership Enterprise Law and the application of special regulatory provisions for private equity funds.
3. Pre litigation dispute over derivative litigation: When there is a fundamental disagreement among the parties regarding the legal nature of the disputed property, there arises a pre litigation issue of whether it is necessary to initiate a derivative litigation in the name of the partnership enterprise, which in turn affects whether the payment request in this case can be directly supported.
Lawyer Gao Peng's core claims and reasoning, based on a comprehensive analysis of the transaction background and business logic, a deep understanding of the operating rules of partnership funds, and a precise grasp of the details of the case, have gained the support of the arbitration tribunal and won the judgment. The full amount was executed within one month after the filing of the case.
The achievements in this case fully reflect the professional strength and service ability of Lawyer Gao Peng in handling financial and commercial cases. Gaopeng Lawyer will continue to uphold the law firm philosophy of integrity and professionalism, and focus on and deeply cultivate in the field of financial and commercial dispute resolution, providing high-quality services to clients.
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