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How may the lessee terminate a lease earlier and vacate the leased premises without penalties
How may the lessee terminate a lease earlier and vacate the leased premises without penalties
The lessee may vacate the leased premises early only if such possibility is provided for in its lease agreement. Simply vacating the premises will not suffice, since they will have to be paid for nonetheless. Refer to our check list if you have decided to part with your landlord without a lawsuit and financial losses.
19 January 2018
Dispute lost for lack of evidence. How to present them when appealing the judgment
Dispute lost for lack of evidence. How to present them when appealing the judgment
A possibility to produce new evidence to an appellate court arises in four cases: if a party failed to produce evidence in a first instance arbitration court for good cause; if evidence is presented to object to the arguments contained in the appeal; if the evidence is produced by a party which did not participate in the case, and if the appellate court decided to consider the case by applying the procedural rules used by a first instance arbitration court.
09 January 2018
On the limits of an arbitration agreement
On the limits of an arbitration agreement
The principle of the free exercise of material and procedural rights by the parties to civil proceedings allows the parties to transfer all or specific disputes at the option of the parties to be heard by an arbitration tribunal. In its Ruling dated 16.11.2017 No. 305-ЭС17-9241, the Supreme Court of the Russian Federation drew the attention to the rules of interpreting an arbitration agreement with the purpose to prevent an excessive discretion of commercial arbitration courts which is particularly relevant in the light of the implemented reform of the commercial arbitration court system.
21 December 2017
How to declare in a commercial arbitration court that evidence has been falsified
How to declare in a commercial arbitration court that evidence has been falsified
The adversary nature of civil proceedings presupposes that each party must provide proof of the evidence it relies on as the grounds for its claims and objections (Part 1, Article 65 of the Arbitration Procedural Code of the Russian Federation). But how do you procede if you believe that the opposing party has produced falsified evidence to court?
13 December 2017
What kind of information are shareholders now entitled to obtain?
What kind of information are shareholders now entitled to obtain?
Amendments introduced into the statutory regulation of securing shareholders’ access to information will inevitably result in adjustments to the previously accumulated practice of applying the provisions of Articles 89, 91 of the Law on Joint Stock Companies. Upon analysis of the adopted law, it may be concluded that shareholders’ rights to obtain information have not just been amended, but essentially so.
23 November 2017
Supreme Court to essentially amend court proceedings
Supreme Court to essentially amend court proceedings
On October 3, 2017, the Plenum of the Supreme Court of the Russian Federation approved a draft law on introduction of a whole serious amendments to the Code of Civil Proceedings, Code of Arbitration Proceedings and Code of Administrative Proceedings. The article touches upon the most essential of the proposed amendments.
25 October 2017
The principle of continuity of legal proceedings excluded from the Code of Civil Proceedings
The principle of continuity of legal proceedings excluded from the Code of Civil Proceedings
On July 30, 2017 the Federal Law dated 29.07.2017 No. 260-ФЗ became effective by which the principle of continuity of legal proceedings was excluded from civil proceedings. Nikolay Andrianov commented on the amendment for Lawyer Online.
23 October 2017
How to return money for defectively shipped goods
How to return money for defectively shipped goods
The article analyzes documents which may serve as evidence of delivery of goods in situations where a consignment note does not meet the required format.
19 October 2017
Vicarious liability of controlling parties: the circle of subjects has expanded
Vicarious liability of controlling parties: the circle of subjects has expanded
Due to amendments introduced into bankruptcy laws, vicarious liability of parties exercising control over a debtor becomes virtually unavoidable, and the circle of such parties hаs been significantly expanded (it includes, for instance, a company’s chief accountant and CFO). Alexey Moroz commented on the amendments for the Lawyer Online.
02 October 2017
Provisions supplemented and systematized
Provisions supplemented and systematized
Alexey Moroz comments on clarifications relating to the procedure of commercial arbitration courts hearing cases complicated by a foreign element which are contained in the Ruling of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2017 No. 23.
20 September 2017
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