Our client put up for sale a machine worth several hundred thousand euros. The contractor from the People’s Republic of China decided to purchase the machine. As agreed by the parties, the buyer was obliged to make an advance payment in the agreed amount of tens of thousands of euros to our Client’s account. In connection with the arrangements made, while waiting for the advance payment, the seller completed all the necessary formalities related to the transaction and the shipping of the machine to China by sea. The advance payment, despite reminders, did not appear on his account, so our client decided not to send the machine to China. However, the Chinese side stubbornly declared that the payment had been made. The client reported the matter to the police. During the investigation of the prosecutor’s office, fraud was revealed, as a result of which a third party seized the advance payment. Law enforcement authorities showed that an organized crime group took control of the correspondence and sent the Chinese party a fake invoice with an unknown account number. A Chinese company made payments to fraudsters. When the company realized that the goods would never be sent to China – despite the raising of the problem by our client – decided to bring a lawsuit against him before the arbitration court “Beijing Arbitration Commission” (BAC). The client received a lawsuit with incomplete documentation and only a few days to respond. We secured all documentation regarding the case and revealed that the other party knowingly withheld some of the evidence from us, despite being obliged to send it to us. We contacted BAC and got an extension of the response time. We obtained an appropriate opinion from specialists in the field of cyber security, informing us that it is not possible to indicate negligence on the part of our client. The line of defense turned out to be so effective that after the first meeting, we were offered a settlement.
International disputes
国际纠纷
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