SB Law protects the legitimate rights and interests of Company D in commercial disputes

Nội dung bài viết

SB Law was involved in protecting the legitimate rights and interests of the Client, Company D, an enterprise established and operating under Vietnamese law, in a dispute arising from the performance of a contract for supply and installation of fire protection and lightning protection systems with its business the partner, Company Q, an enterprise established and operating in Soc Trang City, Vietnam. The case was adjudicated  and resolved by the People’s Court of Soc Trang City.

Particularly, on  June 2021, the two parties signed a contract to supply and install of fire protection and lightning protection systems for the frozen seafood processing industry, in this contract Company D was the construction and installation services provider.

During the contract execution process, the two parties had a dispute related to the delay in the performance of the fire protection and lightning protection systems construction and installation outlined in the contract. As a result, on June 20 2022, Company Q filed a lawsuit against Company D in the People’s Court of Soc Trang City, requesting the cancellation of the entire contract, and, the refund of the first payment that Company Q had previously paid, along with fines for breach of contract and differential costs due to re-signing the Contract with a third party.

Upon receiving the Company D’s request on providing service, SB Law assigned Lawyers and Legal Executive to research dossiers, provide legal advices, analyze favorable and unfavorable legal factors for the Client, propose implementation method  and advise on counter-claims, strengthen evidences method, in addition SB Law Lawyers and Legal Excutive  involved in protecting the legitimate rights and interests of the Client throughout the proceedings in Court as the authorized representative and protector of the Client’s legitimate rights and interests according to the provisions of law.

On September 5, 2023, the first instance trial for the case took place at the People’s Court of Soc Trang City. At the first instance trial hearing, Lawyer Ngo Thanh Hung and Legal Executive Dong Khac Tho from SB Law submitted evidences, presented opinions and arguments, and provided legal grounds including provisions in contracts, annexes, agreements between the Client and the partner, and provisions in Vietnamese legal normative documents supporting the Defendant’s counter-claims.

At the end of the first instance trial, after the deliberation process, the Trial Panel of the People’s Court of Soc Trang City, Soc Trang Province announced a verdict, thereby accepting all counter-claims of the Defendant, the Company D, including the request  to cancel the commercial contract between the parties and to force the Plaintiff, Company Q, to fulfill the payment obligation to Company D the value of all materials that Company D had previously transported to the construction site (after deducting the amount that Company Q paid for the first payment); Besides, the Trial Panel did not accept the petition request of the Plaintiff, Company Q, regarding the request to pay the fines for breach of Contract and the differential costs due to re-signing the Contract with a third party.

Lawyer Ngo Thanh Hung, Legal Executive Dong Khac Tho were involved and represented the Client in this case.

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