Outline of opinions on equity transfer disputes


The Case Studies on the Transfer of Equity, newly published by the Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC), is a collection that focuses on issues arising from transfers of equity, and expects to demonstrate how certain arbitral tribunals in this organization have considered those issues and made their decisions. There are three main issues presented in the book to help readers and practitioners better understand how this legal arena is actually contested in the arbitral practice of the BAC/BIAC.


There are many circumstances that may render the validity of an equity transfer contract questionable, including whether or not the contract has been concluded or executed, and if there are pending issues that can lead to a null or void contract.

Where a party is in an unfair or unfavourable position, the party may be qualified to withdraw the contract. In cases involving the transfer of equity, this situation is often approached by tribunals in the BAC/BIAC through an investigation into the price of transferring the shares. These tribunals in general show a high degree of respect towards the autonomy of the disputants, and therefore tend to ground their decisions upon the evaluation of the company’s net asset.

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Shen Yunqiu is a case manager of Beijing Arbitration Commission/Beijing International Arbitration Centre (BAC/BIAC). The centre’s intern, Huang Kai-shen, also contributed to this article