备忘录 memo 金杜法律备忘录模板(3 页)Good is good, but better carries it.精益求精，善益求善。April 29, 2025PRIVILEGED AND CONFIDENTIALMemorandum to:Jeff Wood, Esq.Debevoise & Plimpton (Hong Kong)Chinese Court’s Jurisdiction Over AT &TBackgroundYou have asked us to advise whether a Chinese court would have Jurisdiction over AT&T in the following transaction: * AT&T plans to invest in a Chinese-foreign joint venture company (the “Joint Venture Company”) through Pudong LLC, an offshore special purpose vehicle to be established and wholly owned by it. * Once established, Pudong LLC will enter into a joint venture agreement (the “Joint Venture Agreement”) with two Chinese parties to form the Joint Venture Company. At the request of the Chinese parties, AT&T intends to provide a guarantee in the form of a comfort letter (the “Letter”) to 空 一 行空 两 行空 两 行空 一 行*此为提纲挈领之部门，可促使作者在之后的法律分析中紧扣题目，故有书写此部分必要*凡冒号、句号等表示一句终了的标点之后均空两格左边距为3.00cm右边距为3.00cm距信纸抬头下边缘1.30cm空 一 行ensure the performance by Pudong LLC of its obligations under the Joint Venture Agreement. The Letter (a copy of which having been provided to us) expressly provides that it is governed by New York law and subject to the jurisdiction of New York or Federal courts in the United States. The letter is proposed to be signed by AT&T and countersigned by the Chinese parties to the Joint Venture Agreement.QuestionThe question is whether AT&T will be subject to the jurisdiction of a Chinese court by executing the Letter in the manner as described above.Short Answer*If a dispute arises from the interpretation or performance of the Joint Venture Agreement and, in the absence of a valid a...
