中国律师办理跨国商事纠纷札记——从“达娃之争”看中外合资问题

1996年，娃哈哈与法国达能公司、香港百富勤公司共同组建联合公司，共同生产以“娃哈哈”为商标的包括纯净水、八宝粥等在内的产品。娃哈哈占49％的股份，达能与百富勤佔51％的股份。2007年4月3日一篇《宗庆後後悔了》的报道，使达能欲以低价并购娃哈哈39家非合资公司51％股权的事件曝光，并由此开始了达娃之争。

A Review of Sino-Foreign Joint through Case of Danone versus Venture Wahaha Notes of Chinese Lawyers on Handling Cases of lnternational Commercial Disputes

In 1996, Hangzhou Wahaha Group Corp. of China, Group Danone SA of France and BNP Paribas Hong Kong established a joint venture in Hangzhou City of east China＇s Zhejiang Province to make beverages and food products using the trademark of Wahaha, including bottled purified water and the famous Babaozhou （The Eight Treasure Porridge）. Wahaha holds a 49 percent stake in the joint venture while Danone and BNP Paribas hold a 51 percent stake in it. But their stake was actually held through a Singapore registered entity called Jinjia Investments Co., jointly incorporated in Singapore by Danone and BNP Paribas Hong Kong. OnApril 3, 2007, a media report entitled Zong Qinghou （Wahaha＇s chairman） Overcome with Regret led to the exposure of Danone＇s attempt to acquire at low prices 51 percent of the shares in 39 businesses under Wahaha that are not part of the joint venture, which was the prelude to a series of media reports on the high-profile dispute between the two sides over the attempted acquisition.