100 containers of cashews exported to Italy ‘nearly lost’ have returned to their owners

On May 30, the remaining cashew nut containers out of 35 cargo containers that lost control of the original documents in early March were released, marking a good end to the case related to the export of 100 container of cashew nuts to Italy through the broker of Kim Hanh Viet Company.

Vietnamese companies have avoided the biggest risk of losing all goods in the shortest time, minimizing economic losses.

Lawyer Davide Gallasso – who has successfully defended 6 Vietnamese cashew export companies that lost control of the above original documents – said that the Italian criminal and civil courts had ruled in favor of the Vietnamese government. all six companies and these are very important steps forward.

In addition to 12/35 containers of goods that Vietnamese businesses gained control of in early April, all the remaining 23 containers were returned to Vietnamese companies by the court.

For 3 export companies who did not rush to bet 150% of the value of the shipment for shipping lines to take out the goods, the criminal court in Genoa city has ruled that “Vietnamese companies can get their goods back. or sell to a new buyer within 30 days of the award.

With the sharp arguments and defense of lawyer Gallasso, the civil court judge in Larino also ruled that “affirming the right of the exporting company (Vietnam) to regain ownership of the goods for containers of cashew nuts and rejects any objections and counterclaims of the buyer”.

Currently, the lawyers of the law firm Gallasso & associates are working with the Italian customs and financial police to help export companies implement the court’s decision to take the goods out of the port in the coming days. .

Thus, with these 2 rulings, 3 Vietnamese companies have greatly reduced their losses. Vietnamese enterprises are allowed to take goods to sell to new buyers without losing their bets for shipping lines, equivalent to 150% of the shipment value for a period of 18 months for a cash deposit and 6 years for bank guarantee case.

Meanwhile, the prosecutor in Naples, who is investigating the illegal actions of the buyer, has ordered the police agency, the anti-fraud division to track down and seize all shipments. The original bill of lading was stolen (35 bills of lading in total), claiming that “the (Vietnamese) export company was the victim of a fraudulent scheme”.

This is a pretty favorable ruling for all 3 remaining exporting companies, which have already paid a deposit to get the goods out. Lawyer Gallasso and his associates are researching and developing a defense plan so that companies can withdraw their bets earlier than the deadline. However, this is said to be complicated and will take a lot more time.

As recommended by lawyer Gallasso, in order to avoid similar situations from happening in the future, it is paramount that Vietnamese companies doing business in the international market pay more attention to different aspects of the business process. contract negotiation.

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