2015-09-24 13:45 GMT + 03: 00 THANH & Partners :
Dear Mr. Oleg V. Dementyev,
Dear Mr. Eugene Okhatrin, thank you very much for your emails and suggestions. Yesterday, in the afternoon in the office THANH & Partners, we have had discussions with a lawyer Lisemko-state. Fung Loy Hak and the deputy. Gene. Director Lisemko state. Nguyen Duc Cuong dispute resolution. As a result of the negotiations, we persuaded and agreed with them on all the provisions which were consistent with the gene. Director Han Lisemko before. All agreements are included in the composition of documents that are attached to this letter. With regard to your suggestions, please keep in mind: 1. The first and second payments are not linked to the shipments and to the receipt of funds from the next second and third shipment. Furthermore, we have achieved by Lisemko SOLAS tie payments to a fixed period within December 2015 and February 2016. regardless of the actual date of shipment, more determined and beneficial to us in the event of late Lisemko with shipments on schedule. 2. Absolutely all of the provisions of the preliminary contract IEE-LISEMCO will be registered in the arbitration clause, the agreement on the choice of a single arbitrator, and speeding up the process, and then the protocol of arbitration in the award. Please consider carefully all the attached documents. 3. According to the laws of Vietnam, once the award is legally binding and can be enforced by enforcement through the judicial executive body. However, the Hanoi People's Court may suspend the award if a party has filed, within 30 days after the decision, a lawsuit to annul the decision because of infringement of the formal arbitration procedures before having the force of a court decision. Such action Lisemko will not accept, in our opinion, because in this case can only stretch time, and trying very hard to solve Lisemko to arbitration as quickly as possible to arbitration did not stop him in the business and possible tenders. Therefore, there is no need and Lisemko not agree to include your proposals and contracts Guarantees and you must suspend all contracts concluded, Corporate Guarantee and to waive the requirement of a bank guarantee. 4. Since the award contains a provision on the payment of 1.8 million instead of the termination of all contracts concluded, their applications and related documents in the arbitration clause (Arbitration Agreement) for the signing parties shall include all those instruments, applications and related documents. However, to minimize the costs of arbitration, IEE will submit a claim to arbitration only by Corporate Guarantee in the sum of 1.3 million. But the award for the recognition agreement of the parties is the sum of 1.8 million and fee arbitration (arbitration fee) will be determined by this amount. 5. According to the state. And Han Kyong, Lisemko carefully calculated timing of shipments and payments, and can not physically change them. However, Han agreed to increase the first payment up to 1 million. 6. Arbitration clause, an agreement on the choice of a single arbitrator, and the acceleration of the arbitration process and the application for arbitration must be signed with the seal of IEE. Notary and legalization is not required for arbitration. 7. Because the award is for the court of the executive body in Vietnam to enforce, if necessary, we consider it appropriate to make it in Vietnamese. THANH & Partners will be exactly translated into English for you if necessary. So it will be faster, cheaper and excluded twofold interpretation. If you still have questions, pliz let us know. We are looking forward to your further instructions. Regards
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