Nikita's Problem

I’m wondering about how Lau can be certain that if he wins then Nikita will lose the right to enforce the contract. Since it’s not mention in the text I’m not sure about it. However I think that Nikita made the mistake.

The mistake that I found in this complex situation is that if Nikita sues Lau, then Lau doesn’t have to defend himself. So if Nikita lose then he doesn’t get any money because Lau didn’t win his first court. Lau’s lawyer won the case, not Lau.

If Nikita would win then you maybe think that he should get his money from Lau. The original agreement says that he only have to pay until and unless he wins his first court. Then he doesn’t have to pay because he lost the case. So as long as Lau doesn't win any court himself, he doesn't have to pay acording to the agreement.

Nikita took a risk when he gave a offer like that and now he doesn’t get paid.