英文版本民事诉讼合同

Retainer Contract for Civil Litigation Contract Number:【 】YKGZ( )No.( ) This Contract on retaining of Project Legal Counsel (the “Agreement”) is made and effective on , 2011.Between: Beijing Yingke Law Firm Guangzhou Office (the “Attorney”, hereinafter referred to as Party A), a law firm duly organized and existing under the laws of The Peoples Republic of China with its registered office located at 15-18/F, Office Tower B, Nanfang Media Center,289 Guangzhou Dadao Zhong ,Guangzhou, 510601,P.R.China Tel:+86-20-66857288 Fax:+86-20-66857289 And: (the “Client”, hereinafter referred to as Party B), a limited liability company duly organized and existing under the laws of with its registered office located at postal code: The person designated by Party B to contact Party A is: Passport No.: Tel.: or Email: Standby Person to contact is: Passport No.: Tel.: or Email: WHEREAS Party B has a dispute with and wishes to resolve the dispute, Party B hereby decides to retain and authorize lawyers with Party A to act on Party Bs behalf to safeguard Party Bs legitimate interests. After adequate discussion on the basis of equality, it is agreed as follows:I. The Client shall empower the Attorney by way of duly signed, notarized and authenticated Power of Attorney in English and Chinese to take any lawful actions it deems necessary including but not limited to: investigating facts, finding evidences/clues of properties relating to the case, reviewing all legal instruments/correspondences/evidences related to this case, requiring assistance of the Client by way of provision of necessary data/information and/or evidences, as well as signing on certain documents required by Chinese laws/regulations and appearing in court hearing/proceedings when necessary.II. The Attorney shall act in good faith with earnest and to his best judgment for the ultimate benefit of the Client to carry out the tasks assigned to him or at his discernment take actions for the purpose of remedying and minimizing the losses of the Client in its dispute with . The Attorney is entitled to and liable for expressing his professional opinion over legal issues concerned in the course of litigation for the Client to consider. The Clients failure to follow the Attorneys advice would exempt the Attorney from liability for any adverse impact thus caused.III. Attorney Fee charged and other expense/costs:1. Pursuant to the Charging Standard of Practicing Lawyer of Guangdong Province,the amount of RMB￥ Yuan shall be paid by Client.The account details of the Attorney to receive the payment are as follows: Beneficiary: Beijing Yingke Law Firm Guangzhou Office, Bank: Industrial and Commercial Bank of China Guangzhou Branch Dongxing Sub-branch, Account Number: 3602 8407 0910 0006 906 . (SWIFT CODE: ICBKCNBJGDG) IV. The Client shall provide the Attorney with relevant information and materials in accordance with the need for the work entrusted and by Lawyer with the Attorney to undertake the work entrusted, which include without limitation the Clients business registration certificate, certification of identity of legal representative and the passport of the legal representative along with authorization of the Board of Directors empowering the Legal Representative to handle this case. The Client shall warrant the truthfulness and integrity of the above-mentioned information/materials provided to the Attorney. Should the information/materials provided by the Client be defective, the Client shall bear the legal consequences thus incurred. Meanwhile the Attorney should be entitled to termination of such legal representation with no returning of attorney fee paid by Party B and reservation of the right to claim for the remainder of attorney fee unpaid.V. The email account confirmed by Party B to be communicated by Party A are: . Party As email account for communication with Party B agreed between both parties are: .Party B confirms that email sent from the aforesaid account of Party A to the aforesaid account confirmed by Party B shall be deemed well received by Party B. Should Party B fail to respond within the time limit designated by the email of Party A( 3 days will be the time limit in case no specific date is designated in Party As email),Party B shall be liable for any adverse consequences thus incurred.VI. The lawyer(s) assigned by the Attorney will be . The Attorney must make every effort in its painstaking job to undertake the work entrusted by the Client. VII. The Attorney has the obligation of keeping the confidentiality of the Clients trade secret, documentation and legal issues related to the performance of its job. VIII. From the validation of this agreement to the time prior to the Attorneys completion of the work entrusted, written consent should be obtained from the other party in case one party intends to discharge this Agreement. Should Party B discharge and/or terminate this Agreement ahead of the designated time without the written consent of Party A, all entrusted work stipulated in this Agreement for Party A should be deemed completed, Party B shall pay the balance of the contingency fee at the amount of RMB￥ Yuan. In special circumstance where the terms and conditions of this agreement require modification, both parties shall have separate discussion to supplement contract terms and conditions. Fulfillment of this agreement should not be stopped prior to execution of supplementary contract terms and conditions. The supplementary terms and conditions shall be of equal authenticity with this agreement.IX. The effective term of this agreement shall last from the date of signing until the completion of enforcement of this case and/or full and/or partial recovery of the account receivable of Party B through means other than enforcement. In the case of prematured termination of this case, Party A should be deemed completion of its work stipulated in this agreement ahead of schedule, where Party B shall not request for refund or deduction of attorney fee. Besides, should the case not be accepted by a court and/or neither full nor partial account receivable of Party B could be recovered not for reasons caused by Party A, Party B should not request Party A for refund or deduction of the first part of attorney fee .X. Any dispute relating to and/or arisen from execution of this agreement shall be settled through friendly discussion. Should the dispute remain unsettled after discussion, both parties agree to submit such case to the China International Economic and Trade Arbitration Commission South-China Sub-commission,in Shenzhenfor arbitration, in which case P. R. China laws shall govern. The award granted by the said Commission should be final and bind on both parties. The arbitration fee shall be borne by the losing party.XI. This Contract has been executed in three originals with each party holding one copy of equal authenticity.This Contract becomes immediately effective signature/seal by both parties.IN WITNESS THEREOF, the parties hereto executed this agreement on the above date.The Client: The Attorney: Beijing Yingke Law Firm Guangzhou Office Authorized Signature: Authorized Signature:Seal: Seal:No text from hereunder.Notification on Risks in a Civil Lawsuit Pursuant to stipulations of laws and judicial interpretations of PRC General Rules of Civil Law, PRC Civil Procedure Law, and Provisions on Evidence of Civil Litigation of PRC Supreme Peoples Court, Beijing Yingke Law Firm Guangzhou Office would like to notify of the common risks in a civil lawsuit as follows: I、Action fails to qualify for a lawsuitShould the action of a litigant fail to qualify for a lawsuit meeting the conditions set by law, such an action would not be accepted by a Peoples Court and the suit would be rejected even after being accepted. Should the action of a litigant fail to meet the requirement on jurisdiction, the case would be transferred to a Peoples Court with competent jurisdiction for trial.II、Inappropriate ClaimsClaims filed by a litigant should be definite, specific and complete, the Peoples Court would not try claims that have not been filed. Claims raised by a litigant should be appropriate without expanding the scope of claim out of its own will；for those ungrounded claims, litigants would not only obtain support from a Peoples Court but also bear corresponding legal fees. III、Beyond the Limitation of ActionsNormal limitation of actions for a litigant to ask for protection of its civil rights from a Peoples Court is 2 years（1 year in special cases）. After initiation of an action to a Peoples Court by the plaintiff，when the defendant argues that the action has already exceeded the limitation of actions for protection, and the plaintiff fails to provide evidence to prove that limitation of actions for protection has not been exceeded, the claims filed by the plaintiff would not be supported by the Peoples Court.IV、AuthorizationSpecification should be made in the power of attorney for the litigant who wishes to authorize its attorney in action to represent in acknowledgement, waiver, alteration of c