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止付令制度在部分国家仍有较多运用。应对此类纠纷时,中国出口商应采取积极应诉和妥协和解两手并举的策略。突然止付中国某企业通过中间商介绍,与意大利某企业签订贸易合同,以延期付款信用证作为支付条件。中方企业制单备货,并在货物出运后将全套单据提交中国银行议付。开证行收到单据后不久即在规定期限内发来SWIFT(环球同业银行金融电讯协会)电文,承诺将于到期日即提单日后90天(也即当年10月28日)支付信用证款项。但在到期日前一周,开证行突然声称收到意大利罗马法院关于信用证的止付令,因此不能如期付款。开庭日期定在当年12月3日。中方企业随即委托中国出口信用保险公司介入。中国出口信用保险公司的意大利律师立即与意方企业及其律师联系,一方面商讨可能的解决方案,另一方面从意方企业律师处取得诉状及止付令,以对其进行研究并作好应诉准备。由于中方企业未收到法院的直接通知,无法在规定时间内完成《律师委任状》的公证、认证手
The stop-payment order system is still used in some countries. When dealing with such disputes, Chinese exporters should adopt a strategy of actively responding to and reconciling with compromise. Suddenly stopped payment by a Chinese company through intermediary brokers and signed a trade contract with an Italian company to delay the payment of a letter of credit as a payment condition. Chinese companies prepare single-stock goods and submit full set of documents to the Bank of China for negotiation after the goods are shipped. The issuing bank sent a SWIFT (Global Interbank Financial Telecommunication Association) message shortly after receipt of the document and promised to pay the letter of credit on the due date, 90 days after the date of bill of lading (ie, October 28 of that year). . However, one week before the expiry date, the issuing bank suddenly claimed to receive the stop payment order for the letter of credit from the Italian Rome Court, and therefore could not pay as scheduled. The date of the trial is set on December 3 of that year. The Chinese company immediately entrusted the China Export Credit Insurance Corporation to intervene. The Italian lawyer of the China Export Credit Insurance Company immediately contacted the Italian company and its lawyers to discuss possible solutions on the one hand, and on the other hand to obtain the petition and stop payment order from the Italian company lawyers to study and make good Prepare for responding. Since the Chinese company did not receive direct notification from the court, it was unable to complete the notarization and certification process of the “Assignment of Attorney” within the specified time.