经典案例

Classic Case

Most of the 48 million yuan claim amount was supported by the arbitration tribunal

2016-11-01 Author:City Development Law Firm

In September 2011, attorney Zhu Yueying represented a construction company to file a claim arbitration against a foreign-invested office building project that had been suspended for more than four years. The claim amount was 48,813,465 million, which mainly included three major elements: the increase in engineering costs, suspension losses, late payment of progress payments resulted in actual losses. The respondent counter-claimed 50 million yuan on the grounds that the construction period was delayed. The arbitration tribunal organized mediation, and the construction unit agreed to close the case at 25 million yuan. The respondent could not accept the mediation amount, and the arbitration tribunal could only hear the award. The arbitration tribunal entrusted judicial appraisal on the above three expenses according to the applicant's request. The judicial appraisal unit was at a loss as to the actual loss caused by overdue payment of the progress payment. Attorney Zhu Yueying proposed to calculate the corresponding loss using the ergonomic comparison method. The appraisal unit accepted it and the appraisal result was obtained. With the support of the arbitration tribunal, the award amount reached: more than 39.38 million yuan, accounting for 81% of the appeal amount, and all the counterclaims of the respondent were rejected.

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