Final Appellate Decision Concludes KORN’s Eight-Year Contract Dispute
Intcolaw has secured a final appellate victory for KORN (Korn Consult Group (Shanghai) Co., Ltd.) in a contract dispute that lasted eight years. The proceedings included two first-instance trials, two appeals, a retrial, procuratorial review and remand proceedings.
The dispute arose in 2016 after KORN provided management training to a Zhejiang automotive parts company, enabling the company to obtain a Grade B certificate required for BMW Group suppliers. When the final instalment remained unpaid, KORN commenced proceedings. Represented by Intcolaw, KORN obtained judgment in its favour from the Pudong New District Primary People’s Court in September 2017. The Shanghai First Intermediate People’s Court reversed that decision in April 2018 on evidential grounds and dismissed the claims.
After an application for retrial was dismissed by the Shanghai High People’s Court, Intcolaw applied to the First Branch of the Shanghai People’s Procuratorate for procuratorial review. The procuratorate lodged a formal protest in July 2019. In August 2022, the Shanghai High People’s Court ordered a retrial and remanded the matter to the Pudong court. In April 2024, that court upheld KORN’s claims with an adjustment to damages.
On appeal, the court maintained the core finding of liability and adjusted only the interest calculation, bringing the eight-year dispute to a close. Intcolaw had waived its legal fees for all stages following the original first-instance proceedings.
