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仲裁协议效力确认
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平安和华夏控股“对簿公堂”,仲裁协议效力之争即将开庭
Di Yi Cai Jing Zi Xun· 2025-12-10 11:21
Core Viewpoint - A civil case has been filed involving Huaxia Holdings, with China Ping An Life Insurance Co., Ltd. and Ping An Asset Management Co., Ltd. as plaintiffs, and Wang Wenhua, the chairman of Huaxia Holdings, as well as Huaxia Happiness Industry Holdings Co., Ltd. as defendants, regarding the validity of an arbitration agreement, with a court hearing scheduled for December 17 in Shanghai [1][4]. Group 1 - Huaxia Holdings is a shareholder of Huaxia Happiness, holding an 11.5% stake, while the largest shareholder of Huaxia Holdings is Beijing Oriental Union Investment Management Co., Ltd., controlled by Wang Wenhua [4]. - The case involves a request for judicial confirmation of the arbitration agreement's validity, aimed at protecting the legal rights of the parties involved and providing judicial oversight of the arbitration process [4][6]. - The court will examine factors such as the establishment of the agreement, the capacity of the parties to contract, the written form of the agreement, and whether the matters exceed the legal arbitration scope [6]. Group 2 - Huaxia Happiness is currently planning a pre-restructuring process, with creditors applying for restructuring due to the company's inability to repay debts, despite having restructuring value [6]. - On November 24, it was reported that the Langfang Intermediate People's Court accepted the application for pre-restructuring and appointed a temporary management team to oversee the process [6]. - China Ping An, as a shareholder and major financial creditor of Huaxia Happiness, has raised concerns regarding the necessity and compliance of the pre-restructuring announcement [6][7].
南京中央商场申请确认仲裁协议效力,涉案5199.5万元
Xin Lang Cai Jing· 2025-09-23 08:46
Core Viewpoint - Nanjing Central Commercial Group Co., Ltd. is currently involved in an arbitration case regarding a lease contract dispute with Xuzhou Huirun Property Asset Management Co., Ltd. The company is seeking to confirm the validity of the arbitration agreement in court, with the case yet to be heard [1] Group 1 - The arbitration was initiated by Xuzhou Huirun due to a dispute over the lease contract [1] - On September 16, 2025, the company applied to the Nanjing Intermediate People's Court in Jiangsu Province to confirm the effectiveness of the arbitration agreement and received a notice of acceptance on September 22 [1] - The company argues that the arbitration clause in the "Supplementary Agreement (II) to the Lease Contract" is ambiguous, constituting "either arbitration or litigation," and should be deemed invalid [1] Group 2 - The amount involved in the case is 51,995,000 yuan, and since the case has not been formally heard, the impact of the lease payments on the company's profits remains uncertain [1] - The company has reminded investors to be aware of the associated risks [1]