Recently, Senior Partners Chao Fan, Aishan Shen of Gaopeng & Partners and Attorney Fangyong Xiao, Dawei Chen co-represented a factoring contract dispute case worth 126 millions Yuan successfully helped the client get expected decision: Shanghai Municipal Senior People’s Court overruled the first instance judgment from Shanghai Financial Court, and directed the Shanghai Financial Court to continue the trial.

The subject matter of the case is worth to 126 millions yuan, and the parties involved includes many listed companies and top-ranked enterprises. The case is so complicated and has both civil and criminal issues. Without making a substantive trial the first instance court determined that the case is a economic crime case should be detected by public safety authorities and dismissed plaintiff’s claims.

If the second instance court sustained the first instance court’s order, delivered the case to the public safety, the plaintiff would have suffered hundred of millions loss. 

After being entrusted with the client, Gaopeng & Partners assigned Senior Partner Chao Fan, Aishan Shen and Attorney Fangyong Xiao, Dawei Chen as the team to fully investigate the case. The litigation team compared the case with other similar cases and deeply analyzed all the possible issues, thought only the debtor of the main contract is suspect to economic crime, but the main contract is not based on the same legal facts with the factoring contract. Therefore, the litigation team argued that the civil part and the criminal part of this case should be tried separately. In the trial held on February 24, 2022, Attorney Aishan Shen with his ambitious argument and precise demonstration successfully convinced the second instance court, and got the order of first instance court overruled.