Hanoi, December.. ... month.. ... 2015THE PETITION(V/v performance requirements obligations under the guarantee company on refund of advance 001/158-5 by LISEMCO company, released on January 28, 2015) Dear INTERNATIONAL ARBITRATION CENTER (VIAC)Address: No. 9 DAO Duy Anh Street, Dong Da District, Hanoi, Vietnam THE PLAINTIFFINTER ENERGY EQUIPMENT CO., LTD.Address: No. 15 Promitheos Street, Room 101, 1065 Nicosia, CyprusAuthorized representative: Mr. Evgeny OkhatrinAuthorization number: THE DEFENDANTLISEMCO CORPORATIONAddress: Km6, Highway 5, Hung Vuong, Hong bang district, Hai Phong city, VietnamLegal representative: Mr. Tran Viet KhanhPosition: Director GeneralCONTENTOn November 23, 2012, Inter Energy Equipment Co., Ltd., Cyprus (hereinafter referred to as the "IEE") and LISEMCO, Vietnam Joint stock company (hereinafter referred to as "LISEMCO") has signed a contract for 158-5 (hereinafter referred to as "contract No. 158-5") provide equipment for the construction of the boiler Island of Barh STPP , 3x660 MW (hereinafter referred to as "the product"). According to the contract, the LISEMCO is obliged to produce and supply products by order of the IEE.Immediately after signing the contract, IEE has paid in advance for LISEMCO amount of 1,600, 000.00 USD (one million six hundred thousand United States dollars) and LISEMCO opened the bail Money (the Advance Payment Guarantee) to ensure that the obligation to reimburse the money to IEE in case this amount is not used up. Accordingly, the cash advance guarantee of 32136370002036 of BIDV Bank was issued in the amount of 1,600, 000.00 USD (one million six hundred thousand u.s. dollars) for the beneficiary is the IEE, valid until May 1, 2015. On 24/10/2013, after the transfer of the first batch of the product under contract No. 158-5, advance amount above has been deducted to 1,149, 208.00 USD (one million three hundred and sixty-eight thousand two hundred ghost eight u.s. dollars). Because the transfer of the product shipment delays, should guarantee Payment before the number 32136370002036 of the BANK should be renewed before expiration date 01/02/2015.On 26/01/2015, IEE and LISEMCO signed the additional agreement of 6 of 158-5, under which the two Sides unify LISEMCO will release the guarantee the company advance Cash (the Corporate Advance Payment Guarantee) for the amount of USD 208.00, 1.368 instead of asking the BANK to extend the guarantee Money of the aforesaid 32136370002036 advance.According to this agreement, on January 28, 2015, LISEMCO has released the guarantee Money to the beneficiary is the IEE 1.368 amount, 208.00 USD, valid until 01/02/2016.Cash advance company guarantee regulations: LISEMCO has an obligation to pay for the IEE within 5 (five) working days of the Bank for any fee (s) that the total does not exceed $ 208.00, while 1.368 LISEMCO received the first request, in writing, that the statement "prepaid amounts have been transferred from the buyer (IEE) for the supply Side (LISEMCO) under the terms of the contract of 158-5 and LISEMCO joint stock company violated the obligation of delivery of the product under contract No. 158-5 and failed to refund advance ".According to the information we are known and confirmed by the LISEMCO, the LISEMCO, the Italian himself now contracts and selling the product to a third party. So, 1/9/2015, IEE has issued the request in writing to recommend LISEMCO to refund $ 208.00, 1.368 received advance money to IEE within 5 working days of the Bank, in accordance with the conditions of guarantee companies advance Money.May 7/9/2015, the original of the request aforesaid advance refund was legitimate delivery to LISEMCO. However, so far, was too billing period but LISEMCO still doesn't make his payment obligations.To protect the rights and legitimate interests for Inter Energy Equipment Co., Ltd., we decided to ask LISEMCO joint stock company made payment obligations to us under the guarantee company on refund of advance 001/158-5.THE BASIS OF PETITIONER1. The contract of 158-5 and signed between the IEE and LISEMCO on 23/02/2011 and the additional agreement of 6 of 158-5 about signing the guarantee the company replaced the bank guarantees refund of advance;2. The guarantee Money of company advance 001/158-5 for the amount of USD 208.00, 1.368 by LISEMCO released on 28/001/2015;3. Demand payment under the guarantee Money of company advance 001/158-5;4. confirmation of the DHL delivery on the original request for payment under the guarantee Money of company advance 001/158-5;5. The arbitration agreement was signed between the IEE and LISEMCO on .../.../2015;6. the arbitrator guidelines deal only and promote arbitration proceedings have been signed between the IEE and LISEMCO on .../.../2015.REQUESTBased on the documents and the evidence attached to this petition, INTER ENERGY EQUIPMENT co., Ltd. has the following requirements:LISEMCO is immediate, not delayed the payment of the amount of 1,149, 208.00 USD (one million three hundred and sixty-eight thousand two hundred ghost eight u.s. dollars) for the IEE as guarantor of the company advance Cash LISEMCO was released on January 28, 2015.ARBITRATOR SELECTIONAccording to the arbitration agreement and the arbitration guidelines deal only members and promote the arbitration proceedings have been signed between the IEE and LISEMCO on the day.../.../2015 and on.........., 2015, we selected the Board of arbitration of dispute resolution including 1 arbitrator is Mr. Engraved War-arbitrator of Vietnam International Arbitration Centre (VIAC).We are looking forward to You the Arbitration Centre to consider and resolve, guarantee the legitimate rights and interests of our company!Sincere thanks! The document included:-Arbitration agreement;-The agreement the only arbitrator guidelines and promoting the arbitration proceedings;-Contract No. 158-5 and additional agreement of 6 July 26, 2015;-Guarantee Payment before the number 001/158-5;- Yêu cầu thanh toán theo Bảo lãnh Tiền Ứng trước Công ty số 001/158-5;- Xác nhận của DHL về việc giao nhận bản gốc Yêu cầu thanh toán theo Bảo lãnh Tiền Ứng trước Công ty số 001/158-5; CÔNG TY TNHHINTER ENERGY EQUIPMENT Xin liên hệ: Đại diện theo ủy quyền tại Hà Nội - Văn phòng Luật sư THÀNH & Cộng sựĐịa chỉ: Nhà số 16, ngõ 15 phố Tạ Quang Bửu, quận Hai Bà Trưng, Hà Nội.Điện thoại: 04-39447177/ 04-39447178; Fax: 04-39447176
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