When Signing a Contract, One Party Conceals Important Facts. Is the Contract Valid?

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If the contract violates laws or damages the interests of the state, the contract shall be invalid; Otherwise, such a contract is an alterable or voidable contract.

According to the provisions of the contract law, one party conceals material facts when signing a contract. If such concealment causes the other party to sign the contract under misunderstanding, such concealment will constitute fraud. If the conclusion of such a contract does not violate laws and regulations and does not harm the national interests, public interests or the legitimate rights and interests of others, the creditor may apply to the court or arbitration institution to amend or cancel the contract; Otherwise, the contract is invalid. Therefore, whether such a contract is valid or invalid depends on whether it violates laws and regulations or damages national interests.

What are the consequences of a contract being revoked or invalidated? Property acquired as a result of the contract shall be returned; If it cannot be returned or is not necessary to be returned, compensation shall be made at a discount. The party at fault shall compensate the other party for the losses thus incurred. If both parties are at fault, each party shall bear the corresponding liabilities.

If the Pre-Arbitration Procedure Has Not Been Completed, Will the Arbitral Award Be Set Aside?

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——The Hong Kong Court's Latest Position: This Is a Question of Admissibility and the Court Has No Power to Review It.In a satellite development contract dispute one party sought to set aside an arbitral award o..

The Application of Law in Foreign-Related Arbitration: Friend or Foe?

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Lesso from a "Reveal" CaseIn foreignrelated arbitration the question of applicable law is often dismissed as a "technical detail" but a case I handled demotrates that it can be decisive as to j..

Why an HKD 83 Million "Loan" Was Held to Fall Within Arbitration: The Jurisdictional Trap in Cross-Border Construction Disputes

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An HKD 83 million payment—supported by a loan agreement bearing interest and with a standalone repayment mechanism. The company confidently commenced proceedings in the Mainland courts only to be told "This is..