The Evaluation And Analysis Of Agency Contract Disputes Between Zhengjun Law Firm And Cinda

In terms of the issue of agency contract dispute, the key element to solve the controversy is to straighten out the legal relationship between the principal and consignee and judge the nature and interrelation of the agency contract. The dispute between Zheng Jun law office and Cinda is concentrated in whether it is within the jurisdiction of the court, and if it is necessary for Cinda to make the agency payment and the payment standards. Principally, there are three protocols signed by the two party, of which signed in 2006 and 2007 had been abolished and ultimately substituted by the agreement subscribed in 2008, therefore, according to the arbitration clause included in this agreement, this case should be submitted to the arbitration commission; additionally, during the period of execution by Zhuzhou intermediate people's court, 36 million yuan were auctioned and paid to the court's account, however, owing to the illegal auction process, Cinda could not realize the funds recovery even if the court has the intention of allocating 18 million yuan to the Cinda, this leading to the agent pactunachieved(uncompleted), consequently,there is no reason for Cinda to pay. Finally, during the period of execution by YUEYANG intermediate people's court, the agent behavior by Zheng Jun law officeshould be separated into truthfully agency behavior and unauthorized agency behavior, And then, according to the related standards of Lawyers Association, truthfully agenc y behavior can be payed depends on the legal service; and the unauthorized agency be havior, can only request Cinda to pay the necessary fees.