High Mark won the Hangzhou Foreign-Related Legal Services Excellent Product and Excellent Case Awards
2024-09-02
Inorder to promote the high-quality development of the city's lawyer industry andfurther enhance the theoretical research level and legal service capabilitiesof the city's lawyer industry, the Hangzhou Lawyers Association successfullyheld the 10th Hangzhou Lawyers Forum with the theme of "Embracing NewOpportunities of Foreign-related Rule of Law and Building a New Highland ofLegal Services" at the Zhijiang Hotel on August 31. This forum releasedoutstanding products and cases of foreign-related legal services in Hangzhou.The legal service product "Legal Risk Prevention of InternationalEngineering EPC Contracts" developed by the High Mark foreign-related teamand the "Import and Export Credit Insurance Contract Dispute ResolutionCase" were selected.

Legalservice product "Legal Risk Prevention for International Engineering EPCContracts"
Thisproduct is based on the basic analysis of the current status of the industryand business risks, with "full process and systematization" as thelegal service product feature, including "bidding document review","response to complaints and doubts during bidding", "contractrisk assessment", "contract negotiation and signing","project performance risk management", "international taxplanning", "claims and dispute resolution", etc. At present, itprovides legal services for clients' international engineering projects inPakistan, Thailand, Indonesia, Vietnam, Laos, Turkey, Iran, Costa Rica, Brazil,Canada, Mexico, Nigeria, Kenya, Dominican Republic and other countries, andescorts Chinese companies' "going out".
CaseStudy on Dispute Resolution of Import and Export Credit Insurance Contract
Thiscase is a dispute caused by the export insurance company's refusal to paycompensation despite knowing the actual risks of the trade model. In the claimsettlement, the insurance company refused to pay compensation on the grounds of"non-contractual behavior of overseas buyers", "shipping afterknowing the risk", "delayed reporting of losses" and otherstandard terms adopted by the insurance industry. The claim settlement lastedfor more than four years, which not only damaged the reasonable expectations ofexport companies for export credit insurance, but also deviated from theoriginal intention of this policy insurance to optimize the businessenvironment. The legal issues of the case involve multiple professional issuessuch as the application of the applicable law of the contract, theeffectiveness of the standard terms and the understanding of the terms of theinsurance contract. After the agent's unremitting efforts, his professionalagency opinions were accepted by the Hangzhou Intermediate People's Court andthe Zhejiang Higher People's Court, supporting the client's claim settlement.The correct judgment of this case has positive significance for our province'sforeign trade enterprises to open up markets and regain confidence ininternational trade.
Foreign-relatedlegal services are an important business segment of High Mark. We willsummarize and improve its theoretical research level and service capabilities,and help promote the high-quality development of the Hangzhou lawyer industry.
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