Shanghai-based Attorney Successfully Represents Japanese Corporate Client in Complex Negotiable Instrument Case

A Shanghai-based team led by partner Huang Kaijun successfully represented a Japanese corporate client in a dispute involving tens of millions yuan worth of negotiable instruments. One of the top 500 businesses worldwide, the client constantly use negotiable instruments as means of payment in its everyday operation. In 2012, a court issued a judgment invalidating huge sums of the instruments after they were illicitly subject to a public summons for exhortation procedure. The sum of money represented by these instruments was also embezzled. 

After taking on the case, Huang issued an attorney’s opinion letter to the client, which was a combination of both his knowledge in financial matters and experience in law practice. Following a few more rounds of communication, Huang’s proposed solution was eventually accepted by the client. 

The case met with many difficulties. First and foremost, the legal issue was of a special nature. Besides, the same case had been tried in two places, where the courts differed in terms of the understanding and identification of relevant facts. The collegial panels also found it difficult to reach a consensus. Despite difficulties resulting from the controversy of the case itself, limitation of the courts’ prior experience and local protectionism, Huang successfully represented the client in the first and second instances of trial as well as the enforcement process in two years’ time, recovering all losses claimed by the client. 

This case marks the first legal action fully participated by the client since its inception and also the first one in which full amount of the client’s claim has been recovered. Huang was highly commended by its Beijing office and Tokyo headquarters for the positive social and economic impact the case brings.