Recently, the team led by Lawyer Wang Yunqing represented a Russian fuel additive and petrochemical company in a dispute over an international sale of goods contract against a Chinese chemical enterprise before a Chinese court. Despite the unfavorable situation involving the absence of certain key evidence, the team drew on its extensive experience and strategic expertise in cross-border commercial dispute resolution to facilitate a settlement between the parties, thereby maximizing the client’s commercial interests.
This case involved a complex cross-border commercial dispute arising from an employee’s unauthorized actions within the Russian company. After the client, a Russian company, entered into a supply contract and made a down payment, the seller refused to deliver the goods or issue a refund. In response to these anomalies, the client conducted an internal investigation and discovered that the employee in charge of the transaction had resigned and deleted all relevant email correspondence, which led to the contract’s rescission without the client’s knowledge. The deletion of key correspondence led to the loss of critical evidence, thereby exposing the case to significant litigation risks.
After accepting the engagement, Lawyer Wang Yunqing, together with Senior Associate Ya Ke from the team, immediately conducted a comprehensive review and analysis of the case and formulated several litigation strategies for the client. The team then completed the notarization, the Apostille, and the translation of extensive overseas evidence in accordance with the PRC Civil Procedure Law's requirements on foreign parties, and filed the case with the court at the defendant’s place of registration within a short period of time.
As both Russia and China are Contracting States to the United Nations Convention on Contracts for the International Sale of Goods, the dispute was governed by the Convention. During the trial stage, despite unfavorable evidence, the team, drawing on its extensive litigation experience, conducted multiple rounds of court-supervised negotiations with the seller on the feasibility and detailed terms of continuing performance of the original contract, strategically promoting settlement through courtroom proceedings. Ultimately, after nearly two months of negotiations by the team, the parties signed a civil mediation agreement under the court’s supervision. The parties confirmed the continued performance of the original contract, resolving the dispute while preserving and extending their commercial cooperation.
The successful resolution of this case sets a strong example for dispute resolution of international trade in combining litigation with non-litigation methods, demonstrating the team’s professional litigation skills and commercial negotiation capabilities in the field of cross-border commercial dispute resolution. In the future, the team will continue to focus on cross-border commercial dispute resolution. By leveraging its profound insight into international commercial rules and extensive practical experience, the team will provide clients with solutions that are both legally and commercially viable, supporting stable and sustainable cross-border business development.
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