近日，江苏茂通律师事务所成功办结一起澳大利亚企业与某外贸企业国际货物买卖合同纠纷，凭借成熟的双语涉外服务能力、高效柔性的纠纷化解方案，一次性妥善解决全部争议，不仅充分维护境外客户合法权益，更促成双方企业继续深度合作，以专业法治服务助力区域涉外营商环境提质升级。

2024 年 10 月，澳方企业与某外贸企业签订样板房定制承揽合同。合作期间，某外贸企业多次严重违约侵权：擅自扣留澳方购置的集装箱、板材等货物；迟迟未出具原产地证明，货物面临清关受阻风险；未经许可允许第三方拍摄定制产品，在抖音、小红书发布商用宣传，还对外开放参观，严重泄露澳方核心商业秘密，双方合作信任彻底破裂。跨境诉讼存在周期长、成本高、执行难等痛点，澳方企业最终委托江苏茂通律所处理纠纷，双方全程英文对接，律师费以澳元结算，贴合境外客户服务习惯。

Recently, Jiangsu Maotong Law Firm successfully resolved a dispute over an international goods sales contract between an Australian enterprise and a foreign trade enterprise. Leveraging its mature bilingual foreign-related service capabilities and efficient, flexible dispute resolution plan, the firm resolved all disputes in one go, fully safeguarding the legitimate rights and interests of the overseas client and facilitating continued in-depth cooperation between the two enterprises. With professional legal services, it contributed to the improvement and upgrading of the regional foreign-related business environment.

In October 2024, an Australian enterprise signed a contract with a foreign trade enterprise for the customization and contracting of sample houses. During the cooperation period, the foreign trade enterprise repeatedly breached the contract and infringed upon the rights of the Australian party: it arbitrarily detained containers, boards, and other goods purchased by the Australian party; it delayed issuing certificates of origin, posing a risk of customs clearance obstacles for the goods; it allowed a third party to photograph the customized products without permission, published commercial promotions on TikTok and Xiaohongshu, and even opened for public visits, seriously disclosing the Australian party's core business secrets. The trust between the two parties in cooperation completely broke down. Cross-border litigation has pain points such as long cycles, high costs, and difficulties in enforcement. The Australian enterprise ultimately entrusted Jiangsu Maotong Law Firm to handle the dispute. The two parties communicated in English throughout the process, and the lawyer's fees were settled in Australian dollars, which is in line with overseas customer service habits.

接受委托后，茂通律所涉外律师团队熟练运用中英文梳理案件事实、固定全部证据，依据法律法规认定对方同时构成根本违约与商业秘密侵权。为减少双方损失，团队采取“律师函前置、居中调解优先”的方案，出具规范律师函，列明四项违约侵权事实，告知拒不整改将解除合同、索赔全部损失。

律师函送达后，某外贸企业充分认识到自身行为的法律风险，主动提出协商和解。江苏茂通律师事务所承办律师全程居中协调，一方面坚守法律底线，清晰向某外贸企业阐释违约侵权后果，全力保障澳方企业财产权益与商业秘密安全；另一方面立足跨境贸易长远发展，客观向境外客户分析诉讼利弊，理性协调双方诉求，推动多轮友好磋商。

最终双方达成完整调解方案：某外贸企业全面删除网络侵权内容，出具书面保密承诺；两套半样板房相关成本由某外贸企业全额承担；澳方企业认可处理结果，追加 10 套样板房新订单，双方恢复长期跨境合作。整件纠纷未进入诉讼程序便圆满化解，真正实现定分止争、互利共赢。

Upon accepting the commission, the international legal team at Mao Tong Law Firm skillfully utilized both Chinese and English to sort out the facts of the case and secure all evidence. Based on laws and regulations, they determined that the opposing party simultaneously constituted a fundamental breach of contract and an infringement of trade secrets. To minimize losses for both parties, the team adopted a strategy of "prior lawyer's letter and prioritizing mediation", issuing a standardized lawyer's letter that listed four facts of breach and infringement, informing the other party that failure to rectify would result in the termination of the contract and a claim for all losses.

After the delivery of the lawyer's letter, a foreign trade enterprise fully recognized the legal risks of its own behavior and took the initiative to propose a negotiated settlement. The lawyer from Jiangsu Maotong Law Firm served as a mediator throughout the process. On the one hand, he adhered to the legal bottom line, clearly explained to the foreign trade enterprise the consequences of breach of contract and infringement, and fully protected the property rights and interests of the Australian enterprise as well as the security of its business secrets. On the other hand, based on the long-term development of cross-border trade, he objectively analyzed the pros and cons of litigation to the overseas clients, rationally coordinated the demands of both parties, and promoted multiple rounds of friendly consultations.

In the end, both parties reached a comprehensive mediation plan: a certain foreign trade enterprise fully deleted the online infringement content and issued a written confidentiality commitment; the relevant costs of two and a half sample houses were fully borne by the foreign trade enterprise; the Australian enterprise recognized the handling results, added 10 new orders for sample houses, and both parties resumed long-term cross-border cooperation. The entire dispute was successfully resolved without entering litigation, truly achieving a settlement that ends the dispute and achieves mutual benefit and win-win results.

本次案件的顺利处置，是江苏茂通律师事务所涉外综合法律服务实力的集中体现。长期以来，律所立足外向型产业发展需求，打造专业化双语涉外法律服务团队，建立覆盖国际货物买卖、海商海事、涉外知识产权保护、涉外调解、涉外诉讼仲裁的全链条法律服务体系。团队可全程英文对接境外客户，支持外币结算法律服务费用，最大限度降低企业维权成本，兼顾企业商业信誉与长期合作需求。

深耕涉外法律服务领域，江苏茂通律师事务所始终以国际化专业标准服务境内外外贸企业，持续发挥法治桥梁作用，妥善化解各类跨境商事争议，护航本土企业出海、外资企业在华稳健经营。下一步，律所将持续精进涉外法律专业能力，优化跨境纠纷多元化解服务模式，以高质量涉外法律服务赋能区域外向型经济高质量发展。

The successful handling of this case is a concentrated reflection of the comprehensive legal service capabilities of Jiangsu Maotong Law Firm in foreign-related matters. For a long time, the law firm has been based on the development needs of export-oriented industries, building a professional bilingual legal service team for foreign-related matters, and establishing a full-chain legal service system covering international goods trading, maritime commerce and maritime affairs, foreign-related intellectual property protection, foreign-related mediation, and foreign-related litigation and arbitration. The team can provide full-process English communication with overseas clients, support legal service fees settled in foreign currencies, minimize the cost of corporate rights protection, and balance corporate commercial reputation and long-term cooperation needs.

Deeply rooted in the field of foreign legal services, Jiangsu Maotong Law Firm has always provided services to domestic and foreign trade enterprises with international professional standards. It continues to play a role as a bridge of the rule of law, properly resolves various cross-border commercial disputes, and escorts local enterprises to go global and foreign-funded enterprises to operate steadily in China. In the next step, the law firm will continue to enhance its professional ability in foreign legal services, optimize the diversified service model for resolving cross-border disputes, and empower the high-quality development of the region's export-oriented economy with high-quality foreign legal services.