ZHH assists Chongqing Longdong Trading out of disputes over contract with Chinalco, Chinalco Chongqing Branch and China Huarong

Date:2019/07/02 Views:2460

On January 5, 2017, the plaintiff Aluminum Corporation of China (“Chinalco”) and the plaintiff Aluminum Corporation of China Chongqing Branch filed a lawsuit to the court and claimed to confirm that the Investment Lease Agreement for Industrial Water Facilities and its supplementary agreement were invalid on the grounds that the defendant committed an offence, and claimed the return of RMB 78,389,974.81, which was paid by the plaintiff to the defendant, and the payment of the capital occupation loss and other losses (RMB 22,928,042.29 as of January 5, 2017 calculated at an annual interest rate of 6% and to be further calculated at an annual interest rate of 24% from the next day to the date of full repayment) by the defendant.

 

ZHH was entrusted by the defendant Chongqing Nanchuan District Longdong Trading Co., Ltd. to represent in this case for dispute resolution. In its defense, ZHH's lawyer refuted the plaintiff's claims from the facts of this case, application of law and whether the plaintiff's claims were tenable. During this case, ZHH's lawyer submitted four legal and case retrieval reports as reference to the collegiate bench. When the court presided over mediation, ZHH's lawyer assisted the presiding judge to facilitate the parties to reach a consensus. On December 20, 2018, this case was closed through mediation by Chongqing Higher People's Court. The plaintiff waived all of the claims against the defendant. The subject water supply facilities worth of tens of millions of RMB were adjudged to the defendant. The plaintiff also paid RMB 23 million principal and interests to a third person on behalf of the defendant.

 

This case involved the impact of a subject party found offending on the validity of civil contracts, whose determination had a subversive effect on the rights of the plaintiff and the defendant. Therefore, closing this case through mediation is a good choice for all parties, and can really help resolve it. ZHH's team won high recognition and positive evaluation from the client based on its solid legal foundation, serious and responsible working attitude, high-quality legal services and competence.

 

This project was led by Partner SONG Tao and handled by Chief Attorney ZHANG Xiaoqing.