Building a Business Empire with my Technological System

Chapter 119: The Inevitable

Hanging up the phone, Shadow contacted Wei. It took only a second for the call to connect. "Mr. Wei," Shadow began, his tone betraying none of the frustration and urgency he felt, "I've just had a conversation with the Architect who provided information about our hack. He's admitted to selling us out to SolaraTech. It appears our situation is more complex than we initially thought."

Wei's response was immediate, his voice cold and steady. "Shadow? Explain."

"The Architect was approached by SolaraTech. They made him an offer, and he provided them with detailed evidence of our operations. After learning that the evidence was obtained through illegal means, we might have an advantage," Shadow continued. "This information cannot be legally used in court without exposing SolaraTech's own unlawful actions in acquiring it."

Wei pondered this new development. "That might be our key to countering their allegations. If we can prove the evidence was obtained unlawfully, it could discredit their entire case against us."

"That's right, so have a meeting with your legal team. Discuss this angle thoroughly. We need to expose SolaraTech's method of obtaining their so-called evidence. It's a breach of legal ethics, and it might just invalidate their claims against us," Shadow advised.

Wei nodded, even though Shadow couldn't see him. "I'll schedule it immediately. Our focus will be on undermining the legality of their evidence. This could shift the narrative in our favor."

"Keep me updated, Mr. Wei. And remember, we need to be discreet. If SolaraTech catches wind of our strategy too early, they might prepare a counterstrategy," Shadow added, emphasizing the need for confidentiality.

"Understood, Shadow. Your role in this isn't over. Be ready for further instructions," Wei stated, already thinking several moves ahead. The battle was far from over, but this development provided a glimmer of hope.

As they ended the call, Wei immediately contacted his secretary, Li Hua, instructing her to arrange an urgent meeting with the legal team. The objective was clear: dissect the newfound angle regarding the unlawfully obtained evidence and formulate a solid legal argument to present in court or during any preliminary hearings.

In one of CinkoSolar's conference rooms.

As Wei entered the conference room, the legal team, already seated and ready, looked up expectantly. He took his seat at the head of the table, the weight of the situation evident in his demeanor.

"Thank you all for assembling so quickly," Wei began, his voice firm. "We have a new development in our situation with SolaraTech."

One of the lawyers, a senior member named Zhang, leaned forward.

"What's happened, Mr. Wei?"

Wei clasped his hands together, choosing his words carefully. "I've just been informed by Shadow about a significant factor that could turn the tide in our favor. It seems SolaraTech obtained their evidence against us through... questionable means."

Another lawyer, Huang, raised an eyebrow. "Questionable how?"

"Through the Architect," Wei continued, the room's attention sharpening at the mention of the infamous cybercriminal. "SolaraTech made a deal with him to acquire evidence of our supposed cyberattacks."

Zhang's interest was piqued. "And you're suggesting this evidence was obtained illegally?"

"Exactly," Wei confirmed, nodding.

Zhang nodded slowly, absorbing the information. "If the evidence against CinkoSolar was indeed obtained through illegal means, we have grounds to challenge its admissibility in court. Our first step should be to request a detailed examination of how SolaraTech acquired their information during the discovery phase."

He leaned back, his mind clearly working through the legal implications. "We'll need to file a motion to exclude this evidence on the basis that it violates legal standards and principles. This will require us to demonstrate convincingly that the acquisition of this evidence breached not only cybersecurity laws but also privacy and intellectual property laws."

Wei listened intently, his focus sharp. "And if the court agrees to exclude the evidence?"

"That significantly weakens SolaraTech's position," Zhang explained. "Without their primary evidence, their case against us becomes substantially less compelling. It may even lead them to reconsider their legal strategy, possibly opening the door for a settlement."

"I have a question Zhang, if this goes to court, in what country will it be held? Philippines or China? Or something like international court?" Wei inquired, understanding the significance of jurisdiction in legal disputes.

Zhang paused, considering the complexities of international law. "It's a complex question, Mr. Wei. Given the international nature of both companies and the cyberattacks, jurisdiction could indeed become a contentious issue. Normally, we'd look at where the damage occurred, the locations of both parties and where the actions in question took place."

He adjusted his glasses, continuing, "In our case, it might lean towards an international arbitration scenario, especially if we're looking at a dispute resolution outside of traditional court systems. This could potentially be more neutral ground, reducing any home advantage."

Huang chimed in, "International arbitration could also expedite the process, avoiding the prolonged litigation that often accompanies such cases in national courts."

"Okay…I don't know what you guys are talking about, but is it possible that the venue is our country? China?"

Zhang considered Wei's question carefully before responding. "While it's possible to argue for the jurisdiction to be in China, given that CinkoSolar is based here, it's not guaranteed. The opposing party, SolaraTech, being based in the Philippines, might argue for the jurisdiction to be there or, as mentioned, opt for a neutral international arbitration venue."

He continued, "Our argument for having the venue in China would need to be strong. We would emphasize the impact of the alleged actions on CinkoSolar's operations here in China, and how the evidence against us was gathered and potentially manipulated. However, the decision ultimately lies with the court or the arbitration panel."

***

International arbitration is a method of resolving disputes under the terms of an arbitration agreement, typically found within a contract between the parties involved. It allows them to settle disputes outside of court, in a more private setting. Arbitration panels are made up of one or more arbitrators, chosen by the parties involved, who act as private judges to make a decision on the case.

Since it's arbitration, there are also arbitrators.

The selection of arbitrators is a crucial step. Parties can select arbitrators with specific expertise relevant to the case, which is particularly advantageous in complex technical disputes like cybersecurity. Arbitrators can be chosen from professional bodies, through arbitration institutions, or by mutual agreement between the disputing parties.

The number of arbitrators is usually odd to avoid deadlock in decisions.

If the case proceeds to international arbitration, it might be governed by one of several leading arbitration institutions, such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), or the United Nations Commission on International Trade Law (UNCITRAL).

These institutions provide a framework for the arbitration process, including rules on the appointment of arbitrators, conduct of the proceedings, and enforcement of the arbitration award.

***

Wei nodded, processing this. "Then we prepare for all possibilities. We'll argue for China but prepare our case to be strong no matter where it's heard. Zhang, start working on the documentation we need to challenge the jurisdiction if it comes to that."

"Of course, Mr. Wei," Zhang replied. "We'll prepare comprehensive documentation outlining our stance on jurisdiction, backed by relevant laws and precedents. We'll also continue to strengthen our case regarding the inadmissibility of the evidence obtained by SolaraTech."

Wei stood, indicating the meeting's conclusion. "Thank you, everyone. Let's shut this third-world company down."