IP Case

Zhihuan applied for jurisdiction objection on behalf of the customer and successfully transferred it

2020-09-09 views:1485

  Recently, Lawyer Huang as the agent  of Beijing Zhonghuan Engineering Project Management Co., Ltd., filed an objection to the jurisdiction of the People's Court of Daxing District, Beijing, the court of first instance during the defense period in the case of dispute over the sales contract between him and Cooper (Ningbo) Electric Co., Ltd. The reason for the objection was finally adopted by the People's Court of Daxing District, Beijing, ruling that the case should be transferred to the Xining Intermediate People's Court, Qinghai Province.

  The court of first instance ruled that the transfer was mainly due to the fact that the objection supplemented the contractual basis for agreed jurisdiction and clarified that the contract subject also had a third party other than the plaintiff and defendant. Cooper sued Zhonghuan in Daxing District, Beijing, where the defendant is located, in accordance with the legal jurisdiction of the Order, but failed to hand over the Framework Agreement signed between Cooper and the owner (Xining, Qinghai) to the court. The Framework Agreement clearly stipulates that in case of dispute, "any party may submit the dispute to the people's court at the corresponding level in the project location for adjudication in accordance with the relevant laws of the People's Republic of China". The Order is embodied in the framework agreement in the form of an annex, which is an integral part of the Framework Agreement. The Framework Agreement stipulates that the owner has clear rights and responsibilities in the performance of the Order. The signatories of the Framework Agreement and the Order are composed of the buyer and the seller and the owner. Therefore, the transfer of the case to the court where the project is located is more conducive to finding out the facts of the case, helping the parties to participate in the litigation, saving judicial resources, and ultimately obtaining the support of the court of first instance.

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