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Adhesion contract. What to do with imposed terms?
Adhesion contract. What to do with imposed terms?
A company entered into a contract on condition that, if breached, the penalty is be paid on the whole amount of the contract, even if a portion of the works has already been performed. In court, the contractor succeeded in proving that this is an imposed term which is against the principle of the equalities of the parties. Read how to terminate or amend an onerous contract in an article by Tatiana Ivanova, a lawyer with Exiora Law Firm.
14 May 2018
Why should you avoid stereotyped language when drafting a supply contract?
Why should you avoid stereotyped language when drafting a supply contract?
In order to prevail in a dispute with a counteragent, you should replace standard language typically used in supply contracts. We drafted the best options based on court practice accumulated over the last 2 years.
12 April 2018
Currency settlements. How not to err as to the amount of debt
Currency settlements. How not to err as to the amount of debt
Even if the contract price is specified in foreign currency, payments will still have to be made in rubles. The key issue here is at what exchange rate and as of what date payments are to be calculated. It determines in what currency claims are to be made when filing a lawsuit. Advice on how not to lose money due to variations in exchange rates is given in an article by Yury Sbitnev, Partner, Exiora Law Firm.
16 February 2018
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
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