Press centre News Разрешение споров и арбитраж

13
May
2016

Compensation rules found for injunctive remedies

The Supreme Court defined the roles of the applicant, the defendant, and the court

Legal.Report
21
April
2016

Banks will disable remote servicing of companies emerging from “hibernation”

The Central Bank has recommended that banks include a provision in their contracts with companies, allowing for the possibility of denying them remote access to accounts, if the latter had not conducted transactions through their accounts during a prolonged period of time. This initiative, according to most experts, has great chances of a positive outcome, in the context of the fight against withdrawal of capital from the country and money laundering, but there are also those who treat this change with suspicion.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
19
April
2016

Doninvest Bank is trying to recover 171.1 million roubles from Hong Kong

The Arbitration Court of Rostov Region has accepted the claim of Doninvest Bank (license revoked on 09 October 2014) against TIAGI HK LIMITED. 

Gorod N
8
April
2016

Zaporizhstal pulling for its territory

The Arbitration Court of the Rostov Region refused the claims of the Ukrainian steel plant Zaporizhstal in its lawsuit against Sberbank of Russia PJSC. The combine was intending to challenge a point in the guarantee contract for loans issued by the bank to the Rostov Coal Company LLC for the construction of the Bystryanskaya 1-2 Mine. Earlier, the court satisfied three claims of Sberbank, jointly and severely, to recover $84.2 million from Zaporizhstal and five of its affiliated companies of the Don Region, who acted as guarantors for the Rostov Coal Company LLC.

Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Kommersant (Rostov)
14
March
2016

Mikhail Paramonov stretching out his bankruptcy

Former owner of TagAZ avoided filing for bankruptcy under the simplified procedure, and secured breathing space to prepare for the sale of his property

Gorod N
4
March
2016

Lawyers on amendments to the Arbitration Procedure Code: Simplified procedures do not facilitate arbitration

Russia's Supreme Court has carried out some reforms, as a result of which, starting at the beginning of this summer, more than half of all arbitration cases will be dealt with under an accelerated procedure, which is supposed to allow the courts to reduce their caseloads, and allow judges to save time in hearing cases. The amendments to the Arbitration Procedure Code, recently signed into law by Vladimir Putin, will enter into force on 01 June. Meanwhile, Pravo.Ru asked representatives of the legal community whether they consider this an effective document – and the answers were not long in coming.
Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
20
February
2016

New owner of Eurodon gets ownership rights through the courts

The regional Arbitration Court began proceedings on a lawsuit launched by Brimstone Investments Ltd against Eurodon LLC; starting this month, 40 percent share in the offshore company will be owned by a member enterprise of the Alfa Group A1
Maxim Grigoryev, Partner, Head of Southern directorate, Head of special projects
Gorod N
11
February
2016

Court follows ToAZ on a false trail

The Arbitration Court of Samara Oblast has recognized as illegal the so-called “general meeting of shareholders” of Togliattiazot OJSC held by its minority shareholder Yevgeny Sedykin. The court has forbidden the carrying out of the decisions of the “new” Board of Directors of the plant and the governing bodies appointed by Mr Sedykin. Earlier, at the request of Togliattiazot OJSC (ToAZ) a criminal case was opened under Part 3 Article 30, and Part 3 Article 159 of the RF Criminal Code “Attempted Fraud”. The company turned to law enforcement authorities after its minority shareholder Yevgeny Sedykin, “using criminal methods”, attempted to change the top managements of ToAZ by sending false documents, from an allegedly held annual general meeting of shareholders, to the Federal Tax Service. According to lawyers, these actions could have been carried out to seize control over the enterprise.

Сollective of authors, VEGAS LEX
Kommersant (Volgograd)
29
April
2016

Bankrupt threatens bankruptcy

The Municipal Unitary Enterprise for Housing and Communal Services MO Terengulskoye Urban Settlement has turned to the arbitration court, to declare bankrupt the regional state treasury enterprise Oblkomhoz. The government of the oblast considers this a frivolous court action, stating that no bankruptcy shall be allowed, and the only reason this step was taken is that the leaders of the enterprise “have failed to agree on something”. Experts believe that it is better not to make such statements, as “this always spoils the reputation of the enterprise”.

Сollective of authors, VEGAS LEX
Kommersant (Samara)
21
April
2016

The Supreme Court admits a sub-statutory penalty

The Supreme Court has corrected appeal and cassation rulings, which allowed the application of reduced contractual penalties

Victor Petrov, Partner, Head of Litigation practice
Legal.Report
11
April
2016

Benefits and drawbacks to online access to notarial acts

The government liked the idea of ​​the Ministry of Justice to provide round the clock, and free of charge, online access to information about all of notarized acts, and this draft bill will soon be considered by the State Duma. The authors of the initiative claim that this will simplify the authentication of the documents, and most importantly – will not harm the federal budget. Experts were unanimous in their delight with these amendments, not realizing that here we have a small, yet important, "but" – this is the law on personal data.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
29
March
2016

Consideration paid can be returned – a new word from the Supreme Court on business lending

Court Collegium for Civil Cases corrected the courts, which were denying the borrower the right to recalculate the interest upon early repayment of the loan.
Victor Petrov, Partner, Head of Litigation practice
Legal.Report
9
March
2016

Devaluation of the rouble has created a legal conflict: what threatens leasing disputes

Due to the devaluation of the rouble, courts are charging companies, for foreign currency contracts, amounts that are in excess of the payments received by them. Lessees have not failed to take advantage of this situation: they refuse to pay for the equipment and to return it, and then seek to recover part of the lease payments, which due to the market value of the object, are greater than their initial value – creating an unjust enrichment of the lessor. The return of the overpaid amount in foreign currency, the lessees demand at the current exchange rate. These claims are based on the position of the plenum of the Supreme Arbitration Court, formulated in 2014. Lawyers discuss what this precedent threatens.

Pravo.ru
3
March
2016

Enrichment was not found

The Ninth Arbitration Court of Appeal granted the appeal of Alfa-Bank on the decision of the Moscow Arbitration Court on the recovery from the bank 6 billion rubles in favor of Stroynovatsiya LLC (member of the Summa Group). This dispute over the construction of the railway branch line Kyzyl (Tuva) - Kuragino (Krasnoyarsk Krai) has been going on for several years already.
Gudok
15
February
2016

“Melodia” not in harmony

Melodia LLC has applied to the Arbitration Court of the Samara Oblast with a new lawsuit against the Regional Ministry of Transport, in which the company is seeking an easement (the right to use another's property) on the part of the Nota Shopping Centre, located within the boundaries of the bend of the Moskovskoye Highway. We should note that this litigation between the Regional Ministry of Transport and Melodia LLC, due to the construction by the latter of a shopping centre, has been going on for several years already. Last week, in the appellate court, the Ministry was able to have satisfied its demand to have the Nota SC demolished. The prospects of Melodia’s new application, as far as lawyers are concerned, seem rather “dim”.
Kommersant (Volgograd)
11
January
2016

Why arbitration courts do not compete with the state

In Russia, people are wary of arbitration courts, which are often used as a tool for breaking the law. The forthcoming reform of this institution, as the parliamentarians promise, should get rid of such “dumpster courts”. But will this help these institutions compete with bona fide state arbitration courts? Experts from Pravo.ru talk about the problems that this reform, in their opinion, will not solve.

Pravo.ru
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