西北政法大学参考资料1.pdfVIP

The Case of XX v. XX on Dispute over Contract Concerning Cooperative Operation of XX Real Estate Limited Company Jurisdiction: Arbitration; CIETAC Shenzhen Date of Decision: April 1st, 1999 1.Case Brief On March 12, 1993, the claimant and the respondent concluded the Contract on Cooperative Operation of XX Real Estate Limited Company, which stipulated to jointly establish a cooperative enterprise in XX city, China. The contract that the two parties submitted to the foreign trade commission in XX city for approval was the XX Real Estate Limited Company Contract (hereinafter referred to as the cooperative contract) as entered into by the aforesaid two parties at the same day. As the cooperative contract stipulated, the two parties agreed to establish a cooperative company within the territory of China, which should be named as XX Real Estate Limited Company. The business scope of the cooperative company was to develop, construct, sell, rent and manage the self-building comprehensive building (as prescribed by the state, the use term of residency land was 70 years while 50 years for business land) in the field of No. X Yard in XX Road XX District as approved by the planning bureau in the city through the Letter (Sui Cheng Gui Di [92] No. 0093). The investment sum of the cooperative company should be 17, 000, 000 USD and the registered capital 6, 800, 000 USD (converted into RMB in line with the foreign exchange rate as publicized by the State Administration of Foreign Exchange under the Peoples Republic of China on the day when they are paid). The respondent should provide paid land use right for this project as the condition of cooperation. The claimant should be in charge of investing in all construction funds, and should pay 15% of the registered capital within 3 months as of the issuance of the business license, a