Recently,an application for the retrial of a customization contract dispute concerning Xi’an XX Company(“Xi’an Company”)represented by King&Capital’s partners Yuwen Hongyan and Zhang Di was approved,with the case to be heard by the provincial high people’s court.
In 2018,the client Xi’an Company(as supplier)and Henan Company(as manufacturer)jointly bid for a project of an oilfield company and won the bid.But the oilfield company(as terminal user)then claimed that the manufactured equipment had potential safety hazards and failed to meet a number of technical standards agreed on in the contract,and returned the equipment.
In 2019,Xi’an Company filed a lawsuit to the defendant’s local people’s court to terminate the contract and demanded Henan Company to assume the liability for breach of contract.But the court of first instance rejected its claim;and the court of second instance upheld the verdict after an appeal was filed.
After losing both the first and second trial,Xi’an Company engaged the team headed by lawyer Yuwen Hongyan of King&Capital to take up the case in the beginning of 2020.After retrieving and going through all the documents of the first and second trials,the lawyers discovered new clues after repeatedly studying the case and organizing moot courts for full analysis.After many rounds of evidence collection,the lawyers submitted a Retrial Application to the provincial high court along with the new evidence on grounds that such new evidence was sufficient to overturn the original verdict and showed improper application of law.Meanwhile,they also sought a hearing during review of the trial application.
Finally,the provincial high people’s court decided to hear the case.Hearing the retrial case by a higher court will generate significant impact on the application of law and fact finding related to the case.This is not only of great importance to the client,but also a direct acknowledgment of the lawyers’work.