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It should be noted that, in terms of proving the fault of the asset manger, any previous administrative punishment of the manager by the regulator because of breach of duty of compliance or care does not necessarily prove that the manager is at fault in management of the specific asset management products. There is no direct causal relation between such punishment and fault.
This viewpoint is supported by related court judgments and arbitration awards. In general, whether the asset manager should assume civil liability for losses of investors depends on the evidence to prove their losses. If the investor claims that the asset manager should be liable for infringement, it should produce evidence to prove that the specific fact of damages is the inevitable outcome of the act of the infringer.
Asset managers, funds and private equity
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