Publication

Working wording instead of empty quotes from the Civil Code: a supply contract that shocks the counterparty

Working wording instead of empty quotes from the Civil Code: a supply contract that shocks the counterparty

If you have prepared a short supply agreement without unnecessary clauses that clog the text and divert attention from the important, the counterparty may refuse to sign it. If he does not see the usual quotes from the Civil Code, he will decide that the contract is incomplete and begin to make changes. How to convince the counterparty to agree not to duplicate the norms that are in effect by default, but to replace them with those points that the parties lack in practice, you will learn from the article.

04 April 2021

On the procedure for transition to the next procedure after supervision without holding the first meeting of creditors

On the procedure for transition to the next procedure after supervision without holding the first meeting of creditors

Aleksey Moroz, Managing Partner of Exiora, told about the procedure for moving to the next procedure after monitoring without holding the first meeting of creditors.

17 March 2021

Online meetings in arbitration courts: how to prepare a petition for remote consideration of a case?

Online meetings in arbitration courts: how to prepare a petition for remote consideration of a case?

Courts are holding more and more meetings online. What is the difference between court sessions via videoconferencing (VC) and online sessions? Why do arbitration courts refuse to grant petitions for remote hearings? Details in the article.

14 October 2020

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

The debtor has expensive, but the only housing. How creditors can legally bypass executive immunity

Debtors - natural persons can dishonestly hide behind the rule of executive immunity. What should creditors do if the only property of the debtor is a huge “palace” with which he could pay off all bankruptcy creditors, read in the article.

01 October 2020

Electronic correspondence: how to convince the court to accept it as evidence

Electronic correspondence: how to convince the court to accept it as evidence

Due to restrictive measures in March-May, in most cases, companies could not sign contracts, acts and other documents in person. Instead of paper copies, they exchanged scanned copies and agreements by e-mail. As long as there is no dispute, there are no problems with such correspondence. But if there are disagreements, the e-mails will be evaluated by the judges. What will convince the court to recognize e-mail correspondence as proper evidence, you will learn from the article.

05 August 2020

What to sign with a counterparty after a pandemic

What to sign with a counterparty after a pandemic

From the article you will learn which two documents to issue if there is a delay under the contracts. If you don't want to cancel the contract, fill out both documents. If you do not plan to extend the terms, one will be enough.

18 July 2020

The counterparty violates obligations: what to do and how to issue

The counterparty violates obligations: what to do and how to issue

“Let’s go to court” is the first thing a lawyer far from business will say if the counterparty misses deadlines and refuses to fulfill obligations, citing financial problems due to the pandemic. The decision is correct, but it will take a lot of time and entail additional costs. What can be offered instead to the counterparty in order to quickly solve the problem of non-payments and non-fulfillment of non-monetary obligations? There are many options and each has its own nuances.

01 July 2020

How the parties referred to the pandemic while the courts were closed

How the parties referred to the pandemic while the courts were closed

Since March 19, 2020, due to the COVID-19 virus pandemic, the courts switched to remote work: they temporarily suspended face-to-face meetings, recommended that documents be sent electronically or by mail, began to consider only simplified proceedings and urgent disputes, and postponed other meetings. The coronavirus has affected not only the mode of operation of the courts, but also their decisions. In what cases the parties referred to the coronavirus - read the article.

14 June 2020

What force majeure conditions are now included in the supply contract

What force majeure conditions are now included in the supply contract

The article contains examples of wording on force majeure circumstances in supply contracts that will help to avoid sanctions for delay.

03 June 2020

The meeting of creditors was held with violations. Which of them will lead to the cancellation of the decisions made

The meeting of creditors was held with violations. Which of them will lead to the cancellation of the decisions made

Decisions of the meeting of creditors can be canceled if procedural requirements are not met. Four typical situations to help the lender - in the article.

08 May 2020