成功仲裁解决一家意大利公司与一家深圳公司之间的跨境纠纷

In 2023, a contractual dispute arose between an Italian company and a Shenzhen-based company dealing in electronic devices and components. The Italian company sought legal support from the Foreign Legal Affairs Department of the firm to handle the matter.

The Italian company had entered into a written agreement with the Shenzhen Company for the supply of electronic devices and components valued at over USD 2,000,000. The contract was signed and stamped by the authorized representative of each party. In accordance with the agreement, the Italian company paid 30% of the contract price as a deposit.

Regarding delivery, the parties agreed that the goods would be delivered in three batches: the first batch 60 days after payment of the deposit, the second batch 70 days after payment of the deposit, and the final batch 80 days after payment of the deposit.

However, the Shenzhen Company delayed production and the arrangement of quality inspections, resulting in a significant delay in shipment, which constituted a serious breach of contract. Despite the delays, the Italian company was compelled to pay the remaining balance for the order, as stipulated in the contract, in order to receive the goods and mitigate the damage caused to its contracts with its end customers in Italy.

Furthermore, the Italian company incurred additional shipping costs due to the Shenzhen Company’s delay. In order to meet the delivery terms of its contracts with its customers, the Italian company was forced to switch from sea freight to the significantly more expensive option of air freight.

The initial contract for the purchase of the goods contained a detailed arbitration clause, which clearly stipulated the arbitration commission, the applicable law, and the language of the proceedings. The agreement also provided that the arbitration fees would be borne by the losing party. In this instance, we submitted a written arbitration application on behalf of the Italian company.

Although the goods were eventually delivered by the Shenzhen Company, the delivery did not conform to the agreed delivery schedule. For this reason, we claimed penalties for late delivery as well as other costs incurred, including the additional shipping expenses.

In order to support the claims, all documentation pertaining to the transaction was submitted, including the agreement for the provision of the goods, the purchase order, bank transfer records, freight quotations, email correspondence, and other relevant evidence.

After submissions were made by both parties, the tribunal rendered its decision and issued an award in favor of the Italian company. The award included over USD 1,000,000 as compensation for the penalty due to late delivery, more than EUR 200,000 as compensation for the additional shipping costs incurred due to the Shenzhen Company’s delays, as well as compensation for legal fees and other related costs.

This case highlights several key lessons in handling cross-border commercial disputes. First, the importance of well-drafted bilingual contracts that provide for clear terms of the transaction, such as delivery timelines, and include clearly defined arbitration clauses specifying the applicable law, suitable arbitration commission, and language of proceedings cannot be overstated. These elements lay the foundation for efficient and enforceable dispute resolution.

Acting early and having a clear legal strategy helped make the process faster and less costly. Our team’s ability to navigate both legal and cultural differences between the Italian and Chinese companies played a critical role in securing a smooth and fair outcome.

Ultimately, this case demonstrates that arbitration, when managed effectively, can be a reliable, efficient, and enforceable method for resolving commercial disputes while safeguarding the client’s long-term business interests and operational goals.

2023 年，一家意大利公司与一家经营电子设备和零部件的深圳公司之间发生了合同纠纷。意大利公司向本所涉外法律事务部寻求法律支持以处理此事。

意大利公司与深圳公司签订了一份书面协议，供应价值超过 200 万美元的电子设备和元件。合同由双方授权代表签字并盖章。根据协议，意大利公司支付了合同价格的 30% 作为定金。

关于交货，双方约定分三批交货：第一批在支付定金后 60 天交付，第二批在支付定金后 70 天交付，最后一批在支付定金后 80 天交付。

然而，深圳公司推迟了生产和质量检验安排，导致装运严重延误，构成严重违约。尽管出现了延误，意大利公司仍不得不按照合同规定支付订单的剩余款项，以便收到货 物，减轻对其与意大利最终客户的合同造成的损害。

此外，由于深圳公司的延误，意大利公司还承担了额外的运费。为了满足与客户签订的合同中的交货条款，意大利公司被迫从海运转为价格高得多的空运。

最初的购货合同包含详细的仲裁条款，明确规定了仲裁委员会、适用法律和诉讼语言。协议还规定，仲裁费用由败诉方承担。在本案中，我们代表意大利公司提交了书面仲裁申请。

虽然深圳公司最终交付了货物，但交货时间与约定的交货时间不符。为此，我方要求支付延迟交货的违约金以及其他费用，包括额外的运费。

为了支持索赔，提交了与交易有关的所有文件，包括提供货物的协议、订购单、银行转账记录、运费报价单、电子邮件往来以及其他相关证据。

在双方提交材料后，仲裁庭做出裁决，做出了有利于意大利公司的裁决。裁决包括赔偿因延迟交货而产生的罚款 100 多万美元，赔偿因深圳公司延迟交货而产生的额外运费 20 多万欧元，以及赔偿法律费用和其他相关费用。

本案突出了处理跨境商业纠纷的几个关键教训。首先，精心起草的双语合同规定了明确的交易条款（如交货时限），并包含明确定义的仲裁条款，具体说明了适用法律、合适的仲裁委员会和诉讼语言，其重要性怎么强调都不为过。这些要素为高效、可执行的争议解决奠定了基础。

及早行动并制定明确的法律战略有助于加快程序并降低成本。我们团队驾驭中意两国公司之间法律和文化差异的能力在确保顺利和公平的结果方面发挥了至关重要的作用。

本案最终表明，仲裁如果得到有效管理，可以成为解决商业纠纷的可靠、高效和可执行的方法，同时保障客户的长期商业利益和运营目标。

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