Legal Empirical Research On Gambling Agreement Disputes

As an imported product,the "Valuation Ajustment Mechannism" has appeared in my country's private equity investment field in this century.It has solved the problem of valuation uncertainty for both investors and financing parties.It has been widely used in my country's capital market in recent years.Since this is a new type of commercial contract that was born with the development of commercial affairs,there was no corresponding laws and regulations for some time.With the widespread use of "Valuation Ajustment Mechannism",disputes about "Valuation Ajustment Mechannism" increased.Therefore,a situation in which the court made different judgments in the same case appeared.Until the end of 2019,the "Nine Minutes" issued,for the first time on the "Valuation Ajustment Mechannism" dispute between the most controversial investors and target companies on gambling repurchase or compensation of the "Valuation Ajustment Mechannism" effect and actual performance,but did not completely solve the problem of such "Valuation Ajustment Mechannism" actual performance.At the same time,there are various verdicts on liquidated damages in the "Valuation Ajustment Mechannism" dispute cases,and there is no uniform standard.I sorted out the cases of "Valuation Ajustment Mechannism" disputes in the past three years,and divided the "Valuation Ajustment Mechannism" into four types: target company repurchase type,target company compensation type,shareholder repurchase type,and shareholder compensation type.Four types of "Valuation Ajustment Mechannism" conduct specific case data analysis and analysis of relevant laws and regulations involved in the focus of disputes,as well as analysis of the focus of liquidated damages disputes that will be involved in various types of "Valuation Ajustment Mechannism".I puts forward some suggestions on the judicial dilemma of the "Valuation Ajustment Mechannism" in the end.The main body of this article is divided into three parts.The first part first elaborates on the concept,nature and classification of "Valuation Ajustment Mechannism".The second part describes the judicial practice,case data analysis of the "Valuation Ajustment Mechannism" in the past three years and to divide the "Valuation Ajustment Mechannism" into four types:the target company repurchase type,the target company compensation type,the shareholder repurchase type,and the shareholder compensation type,and analyzes the focus of liquidated damages disputes that are designed in the disputes of "Valuation Ajustment Mechannism".The third part is to put forward some suggestions for the problems analyzed above.