Grassroots lawyers also have spring

Chapter 92 Arbitration clauses in contracts cannot be scribbled
Taking advantage of Ms. Sun's time on the phone, Sun Changli whispered in Wang Chuan's ear: "The money is less!"

More than an hour later, Sun Changli and Wang Chuan sent Ms. Sun out. Ms. Sun thanked Lawyer Sun for giving her many bad ideas and winning many legal and illegal interests.

"Lawyer Sun, is it reliable to apply for a beauty salon card that you just said? Can I get a refund after applying for a beauty card?" Wang Chuan has never been to a beauty salon, so he naturally doesn't know the tricks.

"Don't worry, it's absolutely reliable. Of course, you have to choose those large beauty salons. If the beauty salon closes down and runs away, no one can do anything but admit that it's unlucky.

In the past, there were quite a few people who gave//bribed//accepted//bribes, they took the route of ladies, and a platinum beauty card cost millions. Do you think they really used it for consumption?A bunch of yellow-faced women over half a century old are not worth so much money no matter how well they are maintained, and they are not popular first-line stars.

Once they get the Platinum Card, they will find the beauty parlor and ask for the card back. Once they come and go, the beauty parlor charges a few points, and both parties get what they need, and the transaction is completed like this!Surprised or not!Smart or not! "Lawyer Sun smiled and walked to the workstation.

The next morning, while Wang Chuan was sorting out the case files, he was chatting and spanking with all the juniors in the trainee lawyer group, when he heard Mu Huaijin's voice from the door of the conference room.

"Wang Chuan, come here." Mu Huaijin stood at the door of the conference room and said.

"Lawyer Mu, what's the matter?" Wang Chuan trotted to the front.

"A client will come over in a while, so you can make a record." Mu Huaijin said.

"Okay." Wang Chuan said and hurried back to his work station to get a few pieces of A4 paper and a signature pen, then turned and entered the conference room.

After a while, a man with shiny back hair was brought in by the lady at the front desk.

"Mr. You, hello."

When Mu Huaijin saw Dabei coming in, she hurriedly got up and said hello.Seeing that Lawyer Mu was so polite to the client, Wang Chuan stood up immediately to show respect.

Not long after Dabeitou took his seat, the lady at the front desk brought a cup of tea, and the fragrance of tea filled the conference room.

Wang Chuan was taken aback. In the past, the law firm only provided boiled water. It seems that today's customers are not easy, and the tea is served.

"Mr. You, I have read the contract and payment voucher you sent. The other party failed to provide your company with the raw materials as agreed, which has constituted a breach of contract. This case should not be too difficult, and we can take it up.

But there is a problem. It is stipulated in the contract that if a dispute arises during the performance of the contract, either party may apply for commercial arbitration to the Shanghai Arbitration Commission or sue in the competent people's court at the defendant's domicile.

According to Article [-] of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Arbitration Law of the People's Republic of China, the arbitration clause agreed in this way is invalid. "Mu Huaijin cut to the chase.

"If this is the case, can we sue in the imperial capital? There is no need to go to the Shanghai Stock Exchange to apply for arbitration, the defendant is in Fangshan District of the imperial capital." Dabeitou said excitedly.

"Uh..., so to speak.

However, if the two parties cannot reach an agreement on the jurisdiction and the arbitration institution is unclear, we can sue in the intermediate people's court at the place where the agreement was signed or where the other party is domiciled to confirm that the arbitration clause is invalid according to Article 12 of the Judicial Interpretation No. [-] of the Supreme People's Court. "Mu Huaijin said.

"What do you mean? We need to file another lawsuit to confirm the validity of the arbitration clause?" Big Back asked in surprise.

"Well, it's like this. The agreement stipulates that there are more than one arbitration commissions in the Shanghai area. It's unclear whether they belong to arbitration institutions. We can sue in the intermediate people's court of the other party's domicile." Mu Huaijin said.

In December [-], after the Fourth Intermediate People's Court (hereinafter referred to as the "Fourth Intermediate Court") was established in the Imperial Capital, all cases in which commercial arbitration clauses were determined to be invalid within the Imperial Capital were brought under the jurisdiction of the Fourth Intermediate Court.Of course, labor arbitration cases are not included.

"Then how do you charge the lawyer's fee?" Da Beitou said the key point.

"We collect the fees separately. The fee for confirming the validity of the arbitration clause is 5000 yuan. For contract disputes, we charge 10 yuan for the first trial. If there is a second trial, the fee will be halved. There is another fee for applying for enforcement.

It can also be a risk agency. The two cases are combined, and the initial fee is 20.00. We start working, and the fee is charged at [-]% of the payment in the later period. "Mu Huaijin smiled.

"Lawyer Mu, if you represent a risk agent, can the fee be lowered? This time the contract is worth more than 600 million, and the other party is a state-owned enterprise, and its business is in good condition. It shouldn't be a problem to get the money back." Big Back thought for a while.

"Mr. You, who provided your contract? The other party?" Mu Huaijin asked suddenly without answering directly.

"You mean the transaction contract between us and the other party? It was provided by us and reviewed by the other party's legal counsel." Mr. You said.

"Your company needs a legal advisor! How about we be your company's legal advisor?" Mu Huaijin smiled and looked at Mr. You who was opposite.

"Okay! Then this case..." Mr. You said with a smile.

"How about this, the legal consultant is 5 yuan a year. During our service, all legal affairs of your company, including litigation and non-litigation, will be given priority to us.

In this case, we are a half-risk agency. When you sign the agency contract, you pay 1 yuan, and then expect to receive [-]% of the amount of the payment, and we will charge the lawyer's fee. How about it?
Mr. You, I made a big step forward! "Mu Huaijin pretended to be confused.

In fact, both of them knew it well!Take a step back and take what you need!

"Okay, let's do it!
You guys are going to sign the contract, send it to me for a look, and I will send someone over to sign the contract tomorrow. "Mr. You was silent for a few seconds, then nodded.

"Okay, Mr. You, do you have time tonight? I'll be the host!" Mu Huaijin said.

"Okay, that's it. I'll make an appointment with a few old friends, all of whom are engaged in business. It's up to you whether you can win or not!" Mr. You said with a smile.

"Don't worry, I'll arrange it!" This time, Mu Huaijin was delighted to sign two orders at once, a perennial legal counsel unit and a lawsuit.

After seeing off Mr. You, Mu Huaijin looked at Wang Chuan: "How is your drinking capacity?"

"One cup!" Wang Chuan said shyly.

"Large glass teacups for restaurants?" Mu Huaijin asked in surprise.

"That's right! But I'm so shy, I haven't had a drink for a long time." Wang Chuan said awkwardly.

"There must be three or four measures in a glass of white wine! Such comrades need to be cultivated. Follow me around the wine table, and next year you may drink a catty..." Mu Huaijin seemed to have found a treasure, and couldn't close his smile. Mouth.

"That... Lawyer Mu, let me correct it, it's not white wine, it's beer, a glass of beer!" Wang Chuan said hastily.

"Beer... beer?! Where's the liquor?" Mu Huaijin said undeterred.

(End of this chapter)