REVERA lawyers successfully represented the interests of a Chinese manufacturer of wood products
REVERA lawyers successfully represented the interests of the Client - a Chinese manufacturer of wood products in a case considered by the Economic Court of Minsk. The dispute concerned non-delivery of Goods to the Client by a Belarusian resident and was considered on the basis of the UN Convention on Contracts for the International Sale of Goods 1980 and Belarusian substantive law.
The Client's interests in court were represented by a lawyer of Minsk Regional Bar Association, with whom REVERA lawyers developed the strategy of the case.
Factual circumstances
In 2021. The Client concluded a supply contract (hereinafter - the Contract) with a resident of Belarus, according to which the latter was to deliver the Goods (timber) to the Client within the term agreed by the Parties.
According to the terms and conditions of the Contract the Parties established the payment procedure - 100% prepayment; delivery term - within 3 months from the moment of receipt of payment from the Client. The Seller did not fulfill its delivery obligations within the term agreed by the Parties and did not return the prepayment for the Goods to the Client.
Pre-trial negotiations between the Parties were unsuccessful and the Client decided to apply to the Economic Court of Minsk to initiate a dispute on the recovery of prepayment for the undelivered Goods with the application of measures to secure the claim in the form of seizure of the Seller's funds.
Seller's position
In the proceedings, the Seller presented its position on the merits of the dispute, stating that:
- the Customer has indeed made a full prepayment for the Goods;
- however, the Customer itself did not fulfill its obligation to receive the Goods - did not send a vehicle for loading, i.e. it was the Customer who did not ensure the availability of transport for loading the Goods, and the Respondent independently took measures to find transport for transportation of the Goods;
- in addition, the Seller did not sign the obligation to return the money submitted by the Customer to the court case materials.
Court's conclusions
The court granted the Client's petition for interim measures and issued a ruling on seizure of the Seller's funds in the amount equivalent to the amount of the claim.
Following the consideration of the case on the merits, the court recognized the Client's claims as justified and satisfied them in full, recovering from the Seller the amount of prepayment for the Goods - more than 190 000 USD.
Also, the Seller recovered court costs in favor of the Client:
- expenses for payment of the state duty for filing a statement of claim;
- expenses incurred by the Client for legal assistance.
The court judgment has entered into legal force.
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