京师深圳律所涉外律师助力中国物流公司海外追债圆满解决

在现代商业环境中，国际物流领域的纠纷时有发生，尤其是涉及国内物流公司为境外公司进行跨境物流服务中，如果海外客户拒绝支付运费及服务费，如果进行跨境维权对于国内企业目前还是一个难题。京师深圳赵宝莲律师以其卓越的专业能力和调解技巧，帮助中国客户化解了一场与美国客户的跨境货物运输费用纠纷，并最终促成了双方的持续合作。

In the modern business environment, disputes in the field of international logistics often occur, especially when domestic logistics companies provide cross-border logistics services for overseas companies. If overseas customers refuse to pay freight and service fees, it is still a difficult problem for domestic enterprises to carry out cross-border rights protection. With her excellent professional ability and mediation skills, Ms. Zhao helped a Chinese client resolve a cross-border cargo transportation cost dispute with an American client, and eventually led to continued cooperation between the two parties.

原告为一家中国知名的物流供应商A公司，被告为一家注册地为纽约州的美国B公司。双方之间自2023年开始建立合作关系，中国A公司为美国B公司进行双清门到门的运输服务，费用按照A公司每月发出的账单金额B公司下月付清，双方初期合作顺利。但由于美国B公司后期出现了现金流问题，导致多笔物流费用逾期未支付，最终导致运费积累至70多万美金。中国A无奈暂停了货物的放行，并将货物扣在美国港口要求B公司支付欠缴运费。然而，货物滞留在海外仓产生了大量额外费用，双方在如何解决滞留问题、支付款项等方面产生了严重的分歧，美国B公司的负责人甚至通过邮件对A公司进行辱骂，明显双方已经陷入僵局。如果这种局面持续下去，那么A 公司扣留的货物将在一年之内变成一堆垃圾，而B公司也在短时间内无货可供。

在这种情况下，A公司决定聘请京师深圳赵宝莲律师处理此事。赵律师通过与A公司深入的沟通与分析，同时对B公司的背景尽调，发现B公司母公司已经在纳斯达克上市，表明B公司有履行合同给付运费的能力。另外，B 公司的实控人及董事均为中国籍，如果有可能通过在中国起诉B公司，则B公司的实控人无论如何也无法置身事外。收集到这些情况后，赵律师开始与美国B公司的高层开始谈判，同时在中国深圳前海合作区人民法院提起诉讼。

在谈判中，赵律师避开原本陷入僵局的B公司负责人，直接向B公司的实控人提出谈判条件，并希望中国A公司充分理解了美国公司所面临的现金流困境，同时也向美国B公司阐明了继续履行合同、维护长期合作的诸多好处，以及违约有可能造成的后果。

The plaintiff is a renowned Chinese logistics provider, Company A, and the defendant is an American company, Company B, incorporated in the State of New York. The two parties established a cooperative relationship in 2023, with Company A providing door-to-door double clearance transportation services for Company B. The fees were to be paid by Company B in the following month based on the monthly invoices issued by Company A. The initial phase of their cooperation was smooth. However, due to financial liquidity issues that arose in the later stages for Company B that led to multiple overdue logistics payments, ultimately accumulating to more than USD 700,000 in unpaid freight charges. In frustration, Company A suspended the release of goods and held the cargo at a US port, demanding payment of the overdue freight charges. Consequently, the goods stranded at the overseas warehouse incurred significant additional costs, leading to severe disagreements between the two parties on how to resolve the issue of detention and payment. The principal of Company B even resorted to insulting Company A through emails, clearly indicating that both parties had reached an impasse. If this situation persisted, the goods detained by Company A would become worthless within a year, while Company B would also face a shortage of goods for supply in the short term.

In this case, Company A decided to retain Lylian Zhao, an attorney from Beijing Jingsh (Shenzhen) Law Firm, to handle the matter. Through in-depth communication and analysis with Company A, as well as a thorough due diligence investigation of Company B's background, Ms. Zhao discovered that Company B's parent company was already listed on NASDAQ, indicating that Company B had the ability to fulfill its contractual obligations and pay the freight charges. Additionally, the actual controllers and directors of Company B were all Chinese nationals, meaning that if a lawsuit against Company B were to be filed in China, its actual controllers could not remain uninvolved. After collecting this information, Ms. Zhao initiated negotiations with the senior management of Company B while simultaneously filing a lawsuit in the Qianhai Cooperation Zone People's Court of Shenzhen, China.

During the negotiations, Ms. Zhao avoided the already deadlocked principal of Company B and directly presented the negotiation terms to the actual controllers of Company B. She also hoped that Company A fully understood the cash flow difficulties faced by Company B. At the same time, she clarified to Company B the numerous benefits of continuing to fulfill the contract and maintain long-term cooperation, as well as the potential consequences of breaching the contract.

在赵律师的协调下，双方重启谈判并最终达成一致。美国公司同意按期支付运费及服务费，A公司也随即放货。同时A公司撤回对B公司的起诉，本案实现了以打促谈的双赢结果。更为重要的是，赵律师帮助双方恢复了信任，双方的商业合作得以继续延续，并签订了新的合作合同。

此案不仅成功解决了当下的纠纷，更为双方未来的合作奠定了坚实的基础。在传统的观念中，律师介入就是为了打官司，但赵律师凭借其卓越的法律服务，不仅挽回了原告的经济损失，更帮助两家公司继续保持了良好的合作关系。未来，赵律师将继续为双方的合同审理、供应商尽职调查等事项提供法律支持，确保双方合作的顺利进行。

Through Ms. Zhao's mediation, both parties resumed negotiations and came to an agreement. The Company B agreed to pay the freight and service charges promptly, and Company A released the goods accordingly. With the withdrawal of Company A's lawsuit, a mutually beneficial outcome was achieved. More importantly, Ms. Zhao helped rebuild trust between the two parties, paving the way for their continued cooperation and the signing of a new contract.

This case not only successfully resolved the immediate dispute but also laid a solid foundation for future cooperation between the two parties. In traditional perceptions, lawyers' involvement is solely for litigation, but Attorney Zhao, with her exceptional legal services, not only recovered the plaintiff's economic losses but also helped the two companies maintain their good cooperative relationship. In the future, Attorney Zhao will continue to provide legal support for contract review, supplier due diligence, and other matters to ensure the smooth progress of their cooperation.

①在国际商业合作中，专业律师的介入能够为企业提供有力的法律支持，帮助解决纠纷，降低风险。

②有效的沟通是化解纠纷的关键。双方应充分理解对方的立场和需求，寻求共同利益点，以达成和解。

③在解决纠纷时，注意尽调的重要性，知己知彼，多方面的运用法律武器才能得到目的。

④应着眼长远，注重维护双方的合作关系。通过和解和妥协，可以实现双赢，为未来的合作创造更多机会。

⑤在处理国际商业纠纷时，应兼顾法律和商业因素。既要依法维权，也要考虑商业利益和商业道德。

①In international commercial cooperation, the involvement of professional lawyers can provide powerful legal support for enterprises, helping to resolve disputes and reduce risks.

②Effective communication is crucial for resolving disputes. Both parties should fully understand each other's positions and needs, seek common interests, and strive for a settlement.

③When resolving disputes, attention should be paid to the importance of due diligence. Only by knowing oneself and the other party can legal weapons be effectively utilized to achieve the desired outcome.

④A long-term perspective and maintaining cooperation are essential. Through settlement and compromise, a mutually beneficial outcome can be achieved, creating more opportunities for future cooperation.

⑤Balancing legal and commercial factors is crucial in handling international commercial disputes, ensuring rights protection while considering commercial interests and ethics.