A Tibet mining company faced an appeal in Henan concerning a contract for transferring exploration rights. The appellant sought liquidated damages and compensation for several categories of loss. The client retained Li Shu’s team to defend the first-instance judgment.
The team examined the transfer agreement, supplementary agreement and performance of a civil mediation agreement. Its submissions addressed the approval process applicable to the transaction, assistance with renewal of the exploration rights, delivery of materials, allocation of expenses and the causes of alleged losses. The team argued that the client had performed its principal obligations and had not committed a fundamental breach.
According to YunTing’s account, the Henan High People’s Court dismissed the appeal and upheld the original judgment.