From Dawa battle in KPMG Case and Three Thoughts – Danone, KPMG, Wahaha – Food Industry
Just one month, as one of the world's top four accounting firm KPMG to put on a high horse to take over from Wahaha Non-joint venture to out in panic, "Dawa dispute" in a scene very dramatic, ironic indeed full, which for the masterminds behind?? Danone Corporations, it is a bitter blow to face, as well as being an arbitration in Stockholm, Sweden clouded. Including the KPMG case, including, Danone Group, a global non-Wahaha joint venture for the failure of the proceedings ended in litigation triggered tight money, the consumer market already lost the confidence of Danone, this is caused by Danone in China is facing severe challenges and tests. Industry analysts pointed out: Once Danone arbitration in Stockholm, Sweden lost, it means that up to overall strategy in China, the collapse of the current developments of view, this seems to have become a foregone conclusion.
2007 11 months, Danone sued Wahaha in the BVI of non-foreign joint venture shareholders, in the prosecution process of hiding the truth to interfere with justice and a series of sinister means, mislead the BVI court judge appointed by the completion of Danone Ma Wei to take over the non-Wahaha joint venture subsequently not permitted under Chinese law KPMG would take over the cross-border illegal Wahaha's non-joint venture. July 2008, this was Suqian Wahaha, the three companies to the ground infringement lawsuit, Suqian Intermediate support Wahaha to appeal, the verdict KPMG apology and compensation, but not according to KPMG, the implementation of court decisions, had time to appeal, in December 2008, BVI Court to rehear the case, lifted the freeze order and KPMG took over the order, and this dramatic scene lasted only less than a month. The case was a dispute in Dawa, "KPMG case."
BVI Court to rehear the case after a lapse of one year, there is much to learn from the place, I believe that the following three:
First: evil victorious is the international legal environment of fair and just. Although the global justice system because of the different national conditions, there is a big difference, but the truth is only one, punish evil and promote good, fair, protect the interests of citizens in the national legal system is the eternal theme. Case, known as an international accounting firm KPMG, one of his own work beyond the duties of acting in collusion with the Danone Group, through the BVI court, with great confidence in the Tribunal insidious means of fraud, has been non-Wahaha joint venture companies Vesting Order, the saying goes, state laws and family rules, but together with KPMG in China amounted to ignore the law, categorically to China's Wahaha non-joint venture to send orders and freezing orders to take over this violation of the act of serious violation of the Judicial Chinese law, the Chinese legal sanctions are inevitable. Fair administration of justice is not unilateral, but reciprocal and progress, whether such acts are not allowed in that country. Danone and KPMG will cheat time, but not fool I., BVI court, Ms. Rita new judges in December 2008 to rehear the case, appointed KPMG to take over that Danone Wahaha joint venture, while non-attempt to remove KPMG took over the qualifications. Full description of this initiative, the international judicial environment is fair. If up to the litigation in all of China lost another excuse, then outside the court's decision is undoubtedly up to this rhetoric to block the mouth, because the truth is obvious.
Second: unjust is doomed to destruction, was finally reached to the abuse of judicial consequences. If serious loss of up to acquire Robust decision-making mistakes forgiven, then with the Merlin is wide and, Mengniu , Bright And a series of companies Cooperation Finally all ended in failure, it appears to be justified. China will face in the line of retreat, up to attempt to wear down by constant litigation Wahaha, the final full possession of the plot Wahaha Wahaha Group has been strong resistance. BVI court proceedings is thoroughly planned up to a farce, while Danone, which has played in this very shameful role. Law is not allowed to be wantonly trampled and abused. As the saying goes, speak louder than words. Danone's beautiful and touching testimony of another, the lack of factual evidence on the stand, the fair will not be accepted by the courts. The last hearing, there is not even up to notify the defendant to the scene, the hearing will become up to one-sided "one-man show." Play the main characters, Danone Asia Pacific Management Limited and Chairman of Chin Peng, by virtue of their unilateral guess completely fabricated testimony, without any basis in fact.
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