ARTICLES
Articles
Articles and representative matters by Li Shu.
Can Enforcement Objections Be Filed After a Case Is Closed? Closure, Suspension and Time Limits
Different closure decisions trigger different remedies. This article distinguishes objections to enforcement acts, third-party claims and applications for enforcement supervision.
Lost Profits After Contract Termination: Scope of Recovery and Evidence
Termination for breach does not automatically exclude lost profits. Recovery depends on causation, reasonably supported profits, foreseeability and consistent treatment of costs and overlapping claims.
Does a Breach Entitle You to Terminate a Contract? Agreed and Statutory Grounds
Identify the source of the termination right, test its conditions and check the deadline and service of notice before treating a breach as grounds to end a contract.
No Dividends for Years: When Can a Shareholder Require a Buyout?
Distinguishing the five-year dividend rule from the remedy for controlling-shareholder abuse, with attention to evidence, deadlines and valuation.
Forged Signatures or Missing Meeting Notices: Challenging Company Resolutions
Distinguishing invalidity, revocation and non-formation, with a focus on actual voting, notice evidence and statutory deadlines.
Company Payments to Shareholders: When Can Shareholders Become Liable for Company Debts?
Fund transfers require analysis of their substance, corporate independence and creditor harm, with distinct rules for veil piercing and single-shareholder companies.
Creditors’ Subrogation Actions and Arbitration Clauses: Court Jurisdiction and Stays of Proceedings
An arbitration clause between a debtor and its counterparty generally does not bar a creditor’s subrogation action. Court jurisdiction and stays of proceedings require separate analysis.