.classic case

SPARKS CASES

Civil & Commercial Classic Case 1: 

【ARBITRATION OF LABOR DISPUTE】Termination of Labor Contract

Client: A leading honey manufacturer company

Object: RMB 600,000

Background:

The Company's executive caused a damage of RMB 700,000 to the Company due to his mismanagement, and the Company dismissed him, but the executive demands the Company to pay the compensation fee of illegal termination for more than RMB 600,000.

Conclusion:

Court supports Sparks partners’ perspective that the termination of contract is legal, and the executive’s request for bonus, compensation and apology due to the company’s misconduct is not supported.

Civil & Commercial Classic Case 2: 

【ARBITRATION OF COMMERCIAL DISPUTE】Jurisdiction Issue regarding Arbitration Agreement

Client： A renowned computer software company

Object: RMB 15 million

Background：

The client signed the software license contract providing the software maintenance services, and specifying all disputes regarding the maintenance services shall be arbitrated through HKIAC instead of local court in Shanghai, since the client locates in Shanghai, it is undoubtedly costly and time-consuming if the dispute is solved under HKIAC.

Conclusion：

Sparks partners successfully separated certain fee from maintenance fee which is not supposed to be dealt through arbitration and filed the lawsuit in the court of the Client’s place, and the court accepted this case.