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Protection of the Client’s interests in court to prevent recovery of 180 million roubles by decision of the Arbitration Tribunal under the Non-profit Organisation Fund Law and Economics TEC.
OJSC Mosenergosbyt
OJSC Mosenergosbyt is the country’s biggest energy supply company, selling 6.9% of all the electric power generated in Russia (68 billion kWh per annum). It is among the country’s TOP-300 biggest companies.
The Project:
Protection of the Client’s interests in court to prevent recovery of 180 million roubles by decision of the Arbitration Tribunal under the Non-profit Organisation Fund Law and Economics TEC.
Project term:
2008
Project description:
The Project was specific in that it was far from clear whether of not the PETEK Arbitration Tribunal was entitled to consider the given case. The arbitration agreement signed by the parties (a multi-lateral arbitration agreement to which virtually all the country’s power companies acceded in 2005–2007), envisaged disputes between the parties being considered by the Arbitration Tribunal of RAO UES. In connection with the latter’s liquidation, there was legal succession of the Arbitration Tribunal (the Arbitration Agreement allowed for the possibility of such legal succession).
In spite of the contradictory nature of arbitration practice on such issues, the Vegas Lex experts Manage to prove to the court that, in the given case, consideration of the case and issuing of rulings on recovery of monetary funds did not fall within the terms of reference of the PETEK Arbitration Tribunal.
The court refused to satisfy the application to issue a writ of execution to recover 180 million roubles from OJSC Mosenergosbyt. The ruling was left in effect by the superior instance.
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