Recently, the private fund manager client represented by Gaopeng Law Firm received an award from the China International Economic and Trade Arbitration Commission. The team led by Li Jun, senior partners of the Beijing General Office, and Jiang Liyong, as the entrusted agents of the first respondent in this case, successfully represented the client in the private equity fund contract dispute case, and overall achieved a successful verdict.

Gao Peng represented a private fund manager in this case, with multiple investors as the counterparty, namely the applicant. The case involves the appropriateness obligation of the fund manager during the fundraising stage, the loyalty and diligence obligation during the investment and operation stage, the information disclosure obligation, and the liquidation obligation. The characteristics of this case are: firstly, there are many investors and high demands; Secondly, the securities regulatory authorities have already taken administrative regulatory measures that are objectively detrimental to the respondent; Thirdly, the underlying assets have entered bankruptcy reorganization, and the smooth exit of the fund is objectively limited; Fourthly, fund sales are entrusted to third parties, making it difficult to obtain evidence. Even in this situation, through the development of normal litigation strategies, sufficient evidence, persuasive defense documents, and court arguments, Lawyer Gao Peng still achieved an overall excellent outcome in winning the lawsuit. All arbitration requests of 5 applicants have been rejected, and the support ratio for arbitration requests of the other 5 applicants is less than 40%; The support ratio for arbitration requests from only 2 applicants exceeds 50%.

From left: Li Jun, Qin Yi, Jiang Liyong

In the context of the continuous exit period of private equity funds, there is undoubtedly a high incidence of disputes between the "seller's responsibility" of fund managers and the "buyer's responsibility" of investors. The verdict of the Trade Arbitration Commission on this case undoubtedly has significant internal demonstration significance for further improving fund management and protecting investor rights and interests. The victory of this case demonstrates lawyer Gao Peng's profound understanding and proficient application of such cases and related rules.