Analytics Legal analytics Dispute resolution

16
August
2013

The clear wording of a claim – the key to success

Presidium of SAC RF considered the case involving the violation of trademark rights through the use of a trademark in a domain name. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
12
August
2013

A share in the future object as the subject of a contract on the establishment of property

Implementation of investment projects in the field of capital construction is often carried out by several participants (co-investors). Regulation of relations between project participants depending on the nature of the agreements reached, and the role of each participant in the project can be carried out using a variety of contractual structures. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
31
July
2013

The Presidium of SAC RF approved the “guaranteed retention”

Retention of a part of the payable price of work results, is a fairly common method used for the enforcement of warranty obligations of the contractor. In reviewing this kind of dispute, the courts, as a rule, did not see anything objectionable in the contractual terms, according to which part of the price of work would be paid by the customer to the contractor only after the warranty period expired. However, in cases where the obligation to pay for work are stipulated by the parties as dependant on the occurrence of an event, which does not meet the grounds of inevitability, the courts recognized this condition as contrary to Article 190 of the RF Civil Code. Analysis of this question was carried out by the example – dated 23 July 2013 – review by the Presidium of SAC RF of Case No. A40-131858/11 involving the dispute between Mobile Design and Construction Association Shakhtospetsstroy CJSC (Krasnodar Region, Sochi) and RAKSON LLC (Moscow Region, Odintsovo) on debt collection under the contract on subcontracting of construction – in our new review. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
24
May
2013

Dynamic pricing: is any price discrimination legal?

Dynamic pricing is a type of price discrimination which occurs when different prices are charged to consumers for the same product depending on the category of the consumer. The Dynamic Pricing method has been successfully employed in the Western countries for a long time.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
8
May
2013

Preliminary contract in structuring Real Estate Transactions

On April 24, 2013, two Rulings of the Presidium of the RF Supreme Arbitration Court were published, giving a legal qualification to the relations of the parties arising from a preliminary contract. It is not the first time the Presidium has addressed this issue (see, for example: Ruling No. 3056/07, dated July 17, 2007, No. 402/09, dated July 14, 2009, No. 13331/09 dated January 19, 2010), however, we would not say that the institution of preliminary agreements frequently becomes an object of attention of a supreme court jurisdiction.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
4
April
2013

Court for intellectual property rights: new format – new content?

By order of the Russian President dated 08 December 2011, in the arbitration courts system, a court for intellectual property rights was established. The work of the new tribunal will begin after the completion of all necessary formalities and passing by the Plenum of the RF Supreme Arbitration Court of the corresponding resolution. About the competence and composition of this Court, new entrants and alternative methods of dispute resolution, is written in the new analytical review. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
21
December
2012

The Presidium of SAC RF on information rights of former shareholders

In 2011, SAC RF outlined the main guidelines for corporate governance practices in the part of information rights of shareholders (see Information letter of the Presidium of SAC RF dated 18 January 2011 No. 144 “On some questions in the practice of consideration by courts of arbitration of disputes on providing information to participants of business entities”). Resolution of the Presidium of SAC RF dated 09 October 2012 No. 9011/12, published on 6 December 2012, complements earlier formulated legal approaches with rules about the information rights of former shareholders. (This legal update is available only in Russian)
15
November
2012

The flip side of the “golden parachute”

Resolution of the Presidium of SAC RF on September 4, 2012 No. 17255/09. (This legal update is available only in Russian)
7
September
2012

Presidium of SAC RF gave the green light to the doctrine of “piercing the corporate veil” in Russian courts

The Russian judicial practice at the level of the Decree of the Presidium of SAC RF was first recognized by the doctrine of piercing the corporate veil, or lifting the corporate veil.. (This legal update is available only in Russian)
15
August
2012

Resolution of SAC RF No. 42 dated 12.07.2012 “On some issues on the settlement of disputes relating to surety”

In judicial practice, the resolution of disputes related to surety became less controversial. Plenum of SAC RF issued a ruling in which were resolved many contradictions in jurisprudence involving disputes relating to surety contracts. (This legal update is available only in Russian)
13
August
2013

Trends in judicial practice on disputes related to intellectual property, in the light of the new Decree of the Presidium of SAC RF No. 15187/12

On 27 July 2013, the website of the Supreme Arbitration Court of the Russian Federation published Resolution of the Presidium dated 2 April 2013 on Case No. A42-5522/2011 on the dispute between the Teleross Company and Murmansk Multiservice Networks OJSC involving the prohibition of the use of trademarks similar to “MORE TV” and “OКЕ@Н INTERNET” as designations on goods that in any way are introduced into circulation in the territory of the Russian Federation, the performance of work, provision of services, and the recovery of compensation for breach of exclusive rights. (This legal update is available only in Russian)
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
2
August
2013

Carefully, retraining in progress!

VEGAS LEX LEGAL TWEET. Issue No. 4. (This legal update is available only in Russian)
27
May
2013

State fee is not refundable in the event of failure in the performance of a legally significant action

On 23 May 2013, the Constitutional Court of the Russian Federation announced its decision on a case involving the constitutionality of Art. 333.40 of the RF Tax Code, which establishes the grounds and procedures for the return of the state fee paid for the performance of legally significant action. (This legal update is available only in Russian)
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
23
May
2013

Appeal of warnings issued by FAS Russia. Review of practices

A warning is a written notice from FAS Russia to stop actions (or inactions) that contain signs of violation of antitrust laws. Moreover, if the conditions of the warning are fulfilled, then no antitrust case will be launched. It is important to note that SAC RF has not yet stated its position on the possibility of challenging a non-normative act, such as a warning, but rather has refused to transfer a number of cases appealing the warnings from the antimonopoly body to the Presidium for review. (This legal update is available only in Russian)
6
May
2013

Comprehensive insurance

Modern business is often faced with unusual tasks, which generate non-standard risks. Traditionally, the main risk management tool is insurance. Of huge importance for “comprehensive insurance” contracts is the Decree of the Presidium of SAC RF No. 7884/12 dated 20 November 2012.
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
30
January
2013

The Supreme Arbitration Court explained provisions of the Russian Civil Code regarding lease

On 25/01/2012 the Plenum of the Supreme Arbitration Court issued a ruling "On introduction of amendments into the ruling of the Plenum of the Supreme Arbitration Court (SAC) of 17/11/2011 No. 73 "On certain aspects of application of the Civil Code rules on the lease contracts".
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
23
November
2012

Recovery of damages for breach of antitrust laws: Are there any prospects?

(This legal update is available only in Russian)
Alexander Sitnikov, Managing partner
11
October
2012

Protection of the intellectual property rights in the Internet: practical aspects

Legislation provides the legal owner with set of legal methods to deal with violators of intellectual property rights on the Internet. Nevertheless, the specific requirements for evidence regularly cause difficulty in the application of law in practice. Knowledge of these aspects will help to reduce the possibility of infringement of intellectual property rights to a minimum, and successfully defend them in case of violation
Alexandra Vasyukhnova, Partner, Head of Technology and Investment group
3
September
2012

Presidium of SAC RF gave the green light to the doctrine of “piercing the corporate veil” in Russian courts

The Russian judicial practice at the level of the Decree of the Presidium of SAC RF was first recognized by the doctrine of piercing the corporate veil, or lifting the corporate veil. (This legal update is available only in Russian)
13
July
2012

The Presidium of the Supreme Arbitration Court of the Russian Federation on the pledge of leased property

The lessor may transfer the leased asset as collateral. On 22 March 2012, published was a Decree of the Presidium of SAC RF, expressing the position of the Court concerning the transfer by the lessor of the property pledged to the bank, without the consent of the lessee. (This legal update is available only in Russian)
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