Analytics Publications Dispute resolution

22
August
2017

The enforcement order has already been issued. How can the judgment creditor or debtor indicated by it be changed?

After an enforcement order has been issued, frequently the parties will need to change one of the people it indicates. It is impossible to make changes to the enforcement order or ruling delivered by the court. You will have to go to trial again. We conducted an analysis on the mistakes made by companies when they declare the need to switch out the judgement creditor or debtor. We will talk about how to avoid them.
Company's lawyer
21
July
2017

Compensation for failure to enforce a court order. Which questions the Supreme Court failed to answer

What factors do the courts take into consideration when determining the size of penalties? Is it possible to apply the amount of a court-sanctioned penalty to a refinancing rate? Will it be possible to reduce the size of a penalty because it is disproportionate to the losses incurred by the plaintiff.
Arbitration practice
8
June
2017

Creditor-debtor relationships

Recently, legal practice concerning the enforcement of conditions that stipulate obtaining a guarantee has generally proceeded along the path of satisfying plaintiffs' claims to oblige the transfer of these guarantees, and of paying penalties in the event the contractual terms are not fulfilled. However, lately in the Moscow municipal district the opposite practice has been taking shape. The Russian Federation Supreme Court included one of these kinds of cases in its Review of legal practice (No. 2, 2017). We believe that the fact the uniformity of past legal precedent is being violated caused the Supreme Court to focus special attention on this issue.
EZH-Yurist
27
April
2017

The rule of law: how does it affect economic relations?

The rule of law, which this article is devoted to, is an integrated concept that unites the most important values of a society bound by laws. Due to the accelerated development and increasing complexity of the stream of commerce, the rule of law is particularly relevant, since it is exactly what needs to be the starting point for building new legal institutions.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
12
April
2017

How to recover overdue debt with a public notary’s writ of execution

Thanks to changes in Russian Federation Framework Legislation governing public notaries, lending organizations can now immediately, without litigation, apply for bailiff services using a notarized writ of execution. What is it necessary to do in order to obtain the opportunity to use this instrument? Is it possible to use this notarized writ of execution to recover penalties? What is the procedure for presenting claims to one of the parties in a legal relationship involving lending if the writ of execution has already been served?
Bank lending
23
March
2017

Loan agreement currency risks

Among the cases covered in the Russian Supreme Court's Case Law Review (published on 16 February 2017), special mention should be made of a dispute relating to a foreign-currency denominated loan agreement. The claimant was attempting to change a loan agreement with a bank on the basis of Section 451 of the Russian Civil Code, on account of a material change in circumstances. The claimant argued that the significant increase in the exchange rate of the foreign currency since the signature of the agreement constituted such circumstances. The lower courts agreed and ruled in the claimant's favour, but the Supreme Court's Judicial Chamber on Civil Cases disagreed and sent the case back to the court of first instance. Who, then, should bear the risks associated with a foreign-currency denominated loan agreement?
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
16
March
2017

Acceptable reasons for missing a procedural deadline

One of the aspects assessed by Russia's Supreme Court in its Review is compliance with procedural deadlines and extending such deadlines where they have been missed. The Supreme Court has found that an applicant's request for a missed procedural deadline for filing a complaint to be extended may not be refused if the deadline was missed because of a failure by the courts to meet procedural deadlines.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
22
February
2017

The third exception

As is well-known, as per the provisions in federal law №44-FZ, a customer is obligated to procure pharmaceutical drugs in accordance with their international nonproprietary names. There are only two exceptions - medications from a list, which has not yet been approved, of pharmaceutical drugs whose purchase is to be made in accordance with their tradenames, and medications for the treatment of life-threatening situations. However, even in 2007 there was an approach that formed in judicial practice that allows the purchase of the tradenames insulin and cyclosporine.
Medicinskiy vestnik (Medical bulletin)
8
February
2017

The limits of what is permissible. What to do if the bank wants its loan back

The worse the borrower’s financial performance is, the higher the risk of loan defaults.  Banks are forced to impose tougher requirements for borrowers, and offer more ‘stringent’ conditions for loan agreements. However, banks do not always tighten their requirements on the basis of what is economically advisable. Situations have become known where the loan agreements include provisions that – although they are not at odds with the rules of Russian civil law – in practice put the lenders (in this case the banks) in a more advantageous situation, and give them the opportunity to abuse their rights. Companies should remember that a bank that asks for a loan back must have weighty reasons for doing so. Those will be discussed.
Сorporate lawyer
23
January
2017

The court adopted the judicial act not in favor of the company. How to achieve the suspension of its execution

When the court considers the judicial act reversal of execution difficult. Which documents will confirm the poor financial status of society. In which cases it will be possible to appeal against the order on the judicial act execution suspension
Victor Petrov, Partner, Head of Litigation practice
Arbitration practice
2
August
2017

Suspending the performance of reciprocal obligations

When signing a contract, both parties expect each other to fulfill the terms of the agreement that, as a rule, define how they gain mutual benefit (this refers to transactions whose subject matter involves mutual obligations and satisfaction for both parties). But, unfortunately, reciprocal performance on the part of both parties does not always take place. The law provides for mechanisms to protect the interests of the scrupulous party in the transaction, and to encourage each counterparty to fulfill its obligations. Let's analyze how they are implemented in practice
EZH-Yurist
13
July
2017

The complications involved with making a choice

Legislation provides for parties being able to choose which arbitration court of original jurisdiction will review a dispute between them – however, along with that the Russian Federation Arbitration Procedural Code explicitly bans exclusive jurisdiction. It would seem that choosing a court is exceptionally simple. If the parties have agreed to transfer their dispute into the jurisdiction of a particular court, and this agreement does not violate the principle of exclusive jurisdiction, then the plaintiff petitions the court that has been agreed upon. However, this obvious conclusion has not, in practice, been agreed to by the courts for a long time. Russian Federation Supreme Court Ruling No. 305-ES16-20255, dated May 25th, 2017, helped turn the tide.
EZH-Yurist
4
May
2017

Disputes about pricing and terminating a contract: cases where it is worth suing a contractor

Disputes with contractors occupy an important place in the overall number of arbitration cases involving default. It is always about issues concerning price, quality, time frames, and expected results.
Igor Chumachenko, Partner, Head of Real Estate, Land & Construction practice
Forbes
21
April
2017

Information law for company participants – the search for a balance of interests

At the present time, in various legal relationships there exists the acute problem of observing a balance of interests concerning the parties involved in these legal relationships, their legal rights, and their mutual economic needs. Judicial practice, when considering disputes between these kinds of parties, takes into consideration not only the formal requirements of legislation, but also the real economic and legal goals and interests of the participants.Corporate relations are not an exception. One of the specific peculiarities of these legal relationships is the right of company participants to receive information on the company’s activities. In this article, we will examine the main trends in regulatory enforcement practices for reviewing disputes concerning complying with information law by company participants, and assess the possible future prospects for the development of these trends.
Victor Petrov, Partner, Head of Litigation practice
EZH-Yurist
31
March
2017

Libel cases: what to prove, and how to prove it, concerning the amount of compensation

Channel One Russia, RBC, and bloggers: who can become defendants, and why they can, in claims to protect honor, dignity, and business reputation
Victor Petrov, Partner, Head of Litigation practice
Forbes
23
March
2017

Developments in the protection of business reputation

On 16 February 2017, the Praesidium of Russia's Supreme Court published its first Case Law Review for this year. The Review has certainly been received with great interest by both professionals and other interested parties. In it, the Court sets out some interesting comments and conclusions on the protection of non-material values and business reputation.
EZH-Yurist
3
March
2017

ICAC’s new “kompetenz-kompetenz” dilemma in domestic arbitration

Since 27 January 2017, due to the profound Russian arbitration law reform effective from 1 September 2016, the ICAC at the Russian CCI (the “ICAC”) may also deal with domestic (non-international) arbitration. The question arises whether the ICAC may now resolve internal disputes under pre-reform arbitration clauses: at the time of their conclusion it had no jurisdiction in domestic arbitration under the law, and the parties involved, therefore, did not enjoy the opportunity to express their intent to submit internal disputes between them to the ICAC.
CIS Arbitration Forum
20
February
2017

Contesting debtors’ transactions

The Russian Federation Supreme Court summarized judicial practice on issues related to the participation of authorized government agencies in bankruptcy cases, and the bankruptcy procedures applicable in these cases. As part of this case law analysis, the Supreme Court paid attention to those particular disputes during insolvency proceedings that contested debtors’ transactions involving paying mandatory payments, specifying, inter alia, the application of provisions under federal law 127-FZ, dated October 26th, 2002 entitled “On insolvency (bankruptcy)”, that came into force on September 1st, 2016.
EZH-Yurist
3
February
2017

Payment for losses from heat distribution systems that lie outside residential buildings. Legal precedents.

In practice, situations often arise during interaction between energy resource providers and management companies where the issue comes up of imposing the burden of paying the cost of heat losses on those sections of heat supply networks which, as defined by the Rules governing the maintenance of common property in apartment buildings, do not belong to the apartment building’s common property.
17
November
2016

Creditor-debtor relations

The RF Supreme Court continues its work on analysing judicial practice. In October, it released Review No. 3 for 2016. Among other things, much attention in the Review is devoted to legal disputes involving creditor-debtor relations under the jurisdiction of the Judicial Collegium of Economic Disputes of the RF Supreme Court.
EZH-Yurist
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