Dehehantong successfully represented a private equity fund company to deal with a series of disputes over the responsibility of its managers

Recently, Dehe Hantong's lawyers represented a private equity fund company to deal with a series of cases of management liability disputes brought by a number of investors, and obtained a successful ruling rejecting the investor's lawsuit. The first instance of the case shall be heard by a basic court of Shanghai, and the second instance shall be heard by the Shanghai Financial Court.

In this case, in the case that there is an arbitration clause in the fund contract, the investor claims that the manager and the distributor of the fund products involved in the case have a joint infringement, which is necessary for joint litigation, which needs to be jointly tried, and the manager and the distributor as co-defendants, and Sue to a basic court in Shanghai.

In this regard, the lawyer and agent of the firm put forward a strong defense, claiming that the people's court does not enjoy the competent authority in this case. First of all, even if this case is an infringement dispute, it is also caused by the fund contract, and it should still be subject to the arbitration clause in the fund contract. Secondly, the promoter's promotion behavior has no commonality with the manager's management behavior, and there is neither intentional contact nor interweaving, which does not constitute joint infringement. Third, joint infringement disputes do not necessarily belong to necessary joint litigation, and investors are suspected of circumventing the arbitration clause by adding infringer. Based on this, the lawyers of the firm advocate that there is no need for a substantive trial in this case, and the investor's lawsuit should be dismissed directly.

In the end, the court adopted all the core arguments of the firm's lawyers and ruled to dismiss the investor's lawsuit against the manager in this series of cases.