Publication

Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works

Extra works performed under a construction contract: how the customer can prove any absence of grounds to pay for such works

Often in the course of construction a need arises to perform works which are not covered by the construction contract. The law allows for a possibility to perform extra works. If and when such works are subject to payment is explained in an article written by Daria Nyukhalkina.

26 December 2018

An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion

An expert examination is appointed in a dispute arising from a construction contract: how to challenge an unfavorable expert opinion

An expert examination may be a deciding factor for the court in a construction related dispute. We will tell you how to challenge an unfavorable expert opinion.

29 November 2018

What does a creditor do if a debtor sells its property before execution is levied on it?

What does a creditor do if a debtor sells its property before execution is levied on it?

Often unscrupulous debtors attempt to make recovery proceedings impossible. For instance, they may sell the property which could serve to recover the debt. In such cases the creditor may employ several tools to return the assets withdrawn.

10 October 2018

What issues may arise when terminating a construction contract and how to resolve them

What issues may arise when terminating a construction contract and how to resolve them

It is not always the case that a construction contract is finalized with acceptance of a completed project. Often there are situations where the construction contract is terminated by either the customer or the contractor on certain grounds. What are these grounds and what is to be done by the parties if they arise?

28 August 2018

Shady transactions and arm’s length dealings: which is which?

Shady transactions and arm’s length dealings: which is which?

Parties frequently have to face certain issues when challenging transactions based on special grounds provided by bankruptcy laws. In her article, Tatiana Ivanova considers specifics of such dealings.

01 August 2018

How to protect a weaker party to a public contract

How to protect a weaker party to a public contract

Both parties to a public contract should be aware of the most common abuses that are there and how to protect yourself from them. Read on how to proceed if your counteragent does not act in good faith.

20 July 2018

The Supreme Court reminded of the freedom of contract. What contractual terms are now held by courts as valid

The Supreme Court reminded of the freedom of contract. What contractual terms are now held by courts as valid

Over the recent years, the court practice has been towards upholding the validity of a number of contractual terms which previously tended to be invalidated by courts. Now, even if a contract contains non-standard terms, you may count on courts to provide the protection you need.

12 July 2018

New approach by the Supreme Court of Russia to calculating the limitation period

New approach by the Supreme Court of Russia to calculating the limitation period

In order to correctly calculate the limitation period, it must be determined what claimant’s right has been violated in a particular case, and this is the approach which was formulated in the ruling issued by the Chamber for Commercial Disputes with the Supreme Court of the Russian Federation dated January 29, 2018 No. 310-ЭС17-13555, which has been commented on by Aleksey Moroz, Managing Partner, Exiora Law Firm.

02 July 2018

Debtor vs Creditor: how to reduce the penalty under Article 333 of the Russian Civil Code or prevent having to pay it

Debtor vs Creditor: how to reduce the penalty under Article 333 of the Russian Civil Code or prevent having to pay it

Yuriy Sbitnev, Partner, Exiora Law Firm, comments on the practice of application by courts of Article 333 of the Russian Civil Code. On what arguments are to be raised by each of the debtor and creditor and what penalty rates may be reduced, read in a specially drafted article posted on Pravo.ru

22 June 2018

Case on recovery of 1.4 bln RUB from a company director for a failure to file for bankruptcy

Case on recovery of 1.4 bln RUB from a company director for a failure to file for bankruptcy

Analyzing the 2017 court practice it can be seen that the Supreme Court of the Russian Federation is reluctant to address vicarious liability related issues, that is why each case here is of a particular interest for us. Read comments to Resolution of the Supreme Court of Russia dated March 29, 2018 in Case No. A12-18544/2015 supplied by our Managing Partner, Aleksey Moroz, to find out what issues were referred for the consideration of the court.

15 June 2018