Litigation on International Trade：Represented Pakistani MUHAMMAD in winning the lawsuit in China

【案件简介】2018年，巴基斯坦MUHAMMAD向楼某订购一批水钻，双方约定适用FOB，先付款后发货。MUHAMMAD委托第三方支付全部货款后，楼某却迟迟不发货。经多次与楼某沟通无果，MUHAMMAD决定提起诉讼。

In 2018, Pakistan MUHAMMAD ordered a batch of rhinestones from Mr.Lou , the two sides agreed to apply FOB, first payment before delivery. After MUHAMMAD entrusted a third party to pay for the entire payment, Mr.Lou refused to deliver the goods. After repeatedly communicating with Lou to no avail, MUHAMMAD decided to file a lawsuit.

【代理情况】接受MUHAMMAD委托后，我们详细了解了案件情况，向MUHAMMAD逐条讲解与案件有关的我国法律和双边条约/协定。我国与巴基斯坦没有签订民商事诉讼案件的司法协助协定或条约，也没有共同加入涉及民商事司法协助的国际公约，即我国和巴基斯坦法院的生效判决无法在对方国家申请对判决的承认和执行。从最终实现债权的目的，我们建议MUHAMMAD在中国提起诉讼。对于我国涉外案件的审理程序、涉外证据在我国诉讼中的有效形式也都给予充分的说明，并联系巴基斯坦律师协助准备MUHAMMAD在巴基斯坦的付款凭证和委托手续的公证、认证材料。

After being entrusted by MUHAMMAD, we went through the case in detail and explained to MUHAMMAD about our laws and bilateral treaties/agreements related to the case, article by article.There is no agreement or treaty between China and Pakistan on mutual legal assistance in civil and commercial litigation cases, nor have we jointly acceded to the international conventions dealing with mutual legal assistance in civil and commercial matters, i.e., the valid judgments of China and Pakistani courts cannot be applied for recognition or enforcement in the other country. For the purpose of ultimate realization of the claim, we recommended MUHAMMAD to file the lawsuit in China. We also gave full explanation on the trial procedure of foreign-related cases and the valid form of foreign-related evidence in Chinese litigation, and contacted Pakistani lawyers to assist in the preparation of notarized and certified documents for MUHAMMAD's payment vouchers and power of attorney procedures in Pakistan.

案件开庭之前，在法官的主持下双方进行了调解。楼某在调解中承认收到全额货款以及未发货的事实。因楼某无法给出合理的退款期限和金额，双方没有达成调解一致。

Before the case went to trial, the two parties undertook mediation under the auspices of the judge. In the mediation, Mr. Lou acknowledged the fact that he had received the full payment for the goods and had not shipped them. But Lou could not give a reasonable refund period and amount, the parties did not reach a conciliation agreement.

【案件审理一波三折】案件开庭审理中，楼某完全推翻了在调解中的陈述，否认收到货款，否认与MUHAMMAD之间存在国际货物买卖合同关系，认为是佶鸥饰品公司向MUHAMMAD采购的货物。我方指出虽然货款不是MUHAMMAD账号支付的，但在双方的微信聊天中，楼某承认收到第三方转账支付的本合同下的全额货款，结合调解过程中楼某的自认，充分证明楼某收到全额货款的事实。关于楼某是否是卖方的问题，因与MUHAMMAD签订国际货物买卖合同的是楼某，货款支付等合同履行过程都是直接与楼某联系、确认，楼某虽主张是代表佶鸥饰品公司签署合同，因合同签署时楼某没有告知代表行为，我方也不知道佶鸥饰品公司的存在，直至庭审楼某都没有提供代表佶鸥饰品公司的劳动合同等相关证据，故我方的合同相对方就是楼某。即便楼某确是代表佶鸥饰品公司签订合同，楼某在微信聊天中承诺退还全部货款的行为表明楼某自愿加入本案债务，其仍需要承担货款返还责任。在我方强有力的证据面前，楼某愿意就全部货款返还达成和解一致。双方签署调解书后，楼某积极履行了返还货款责任。我方代理MUHAMMAD取得了完全胜利。

During the trial, Mr. Lou completely disproved his statement in the mediation, denied receiving the payment, denied the existence of an international sale contract with MUHAMMAD, and claimed that the goods were purchased from MUHAMMAD by Yiwu Jiou Import & Export Co., Ltd. We pointed out that although the payment was not made from MUHAMMAD's account, in the WeChat chat between the two parties, Lou acknowledged that he received the full payment from a third party, which, combined with Lou's self-confession during the mediation, fully proved that Lou received the full payment. On the question of whether Mr. Lou was the seller, since Mr. Lou was the one who signed the international sale contract with MUHAMMAD, the payment and other contractual processes were all confirmed directly with Mr. Lou. Although Mr. Lou claimed that he signed the contract on behalf of Yiwu Jiou Import & Export Co., Ltd. Since Mr. Lou did not inform us of the representative behaviour when signing the contract, MUHAMMAD was not aware of the existence of Yiwu Jiou Import & Export Co., Ltd. Until the trial, Mr. Lou did not provide any evidence of the employment contract on behalf of Yiwu Jiou Import & Export Co., Ltd,therefore, the counterparty to our contract is Mr. Lou. Even if Lou signed the contract on behalf of Yiwu Jiou Import & Export Co. Ltd, the fact that Lou promised to return the full payment in the WeChat conversation shows that Lou voluntarily joined the debt,and he is still responsible for the return of the payment. In front of our strong evidence, Lou was willing to reach a agreement on a full refund. After both parties signed the agreement, Mr. Lou actively fulfilled his obligation to return the purchase price. Under our agency, MUHAMMAD achieved a completely victory.

【心得】巴基斯坦伊斯兰共和国是“一带一路”沿线重要国家，我们两国有很多商事往来。商人在商事交往中免不了发生纠纷。纠纷发生时，只要商人保持清醒的头脑，采用合法途径寻求帮助，就能有效解决纠纷、化解矛盾。本案双方在诉讼中达成和解，即节约了诉讼时间，又让债务履行化被动为主动，充分体现了我国纠纷调解机制的优势。

Islamic Republic of Pakistan is an important country along the“one belt one road” . Our two countries have many business. Merchants can't avoid disputes in daily business. When disputes occur, as long as businessmen keep a clear mind and seek help through legal channels, they can effectively solve disputes and resolve conflicts. In this case, both parties reached a settlement in the litigation, which not only saved the litigation time, but also turned the debt performance from passive to active, fully reflect the advantages of China's dispute mediation mechanism.