Around June 2015, a company from Czech, (hereinafter referred to as the Czech company) contacted me for consultancy of a dispute of international sales of goods. The general process is as follows: the Czech company purchased a batch of goods from a company from Foshan, Guangdong (hereinafter referred to as the Guangdong Company). Due to the serious quality problems the Czech company was returned to the goods and claimed compensation by its clients. The boss of the Czech company came to China for negotiation of the dealings with the Guangdong Company and a meeting minute was reached in Guangdong Company’s location. The meeting minute agreed is: 1. Part of the payment shall be deducted from the payment Czech company owed to Guangdong Company in previous purchase; 2. Guangdong company shall resell the goods which are in Czech company’s warehouse to a third party and the fee shall be paid to Czech company; 3.the balance shall be credited from the order placed to Guangdong company by Czech company. The Guangdong Company stamped on the meeting minutes with its business stamp. Guangdong Company did not realize the meeting minutes that it did not resell the goods and accept the order from Czech company.

Even though there is a exact amount of the goods with serious quality problem in the meeting minutes but the implementation of the meeting minutes need Guangdong Company‘s full cooperation. It’s impossible to demand Guangdong Company to implement of the meeting minutes and it’s not preferable to claim directly in cash. So I suggest to Czech company that a lawyer’s letter shall be dispatched first. We demand Guangdong Company to implement the meeting minutes in an appointed period otherwise it deemed that the goods shall de dumped by Guangdong Company and Czech company shall claim the refund of the payment and compensation in cash. The lawyer’s letter has 3 functions: 1.the lawyer’s letter shall be preserved as a evidence to prove the reality of the meeting minutes; 2 that by giving a period to implement the lawyer’s letter shall enhance the legitimacy of claim refund and compensation in cash; 3 there is a chance that the opposite party may oppose to make peace after receiving the lawyer’s letter. Unfortunately the Guangdong Company did not respond to the lawyer’s letter so I guide the Czech company to do necessary notarization and attestation and filed the litigation against the Guangdong Company in China. Just as legal professionals know the official stamp in Chinese company shall be registered with police station but business stamp which company engraved just for convenience and is not registered with police .companies deny the reality of the stamp once problem arising because this kind of stamp have nowhere to trace. To avoid this risk I studied a lot of provisions and relevant case sharing the same situation before determining the key of the evidences which I think shall be the reality of the meeting minutes and the presence of the fact that the Czech company came to China for the negotiation.

Several days before the date of hearing Guangdong Company proposed to settle the case by email. I attended the negotiation with Czech company in Guangdong Company’s. The boss attended the meeting in person and the case was settled smoothly with a settlement is signed onsite. The Guangdong Company made the payment on the second day after the settlement is Signed.Czech Company received the compensation finally after a year’s struggle. The boss of Guangdong Company said their lawyer said that they had big change to lose the case that’s the reason why he proposed to reach a settlement which prove my litigation tactics is very right.