Publication

A company has not made an advance payment. How to fight a supplier’s claim

A company has not made an advance payment. How to fight a supplier’s claim

A company enters into a supply contract containing a pre-payment clause, but then decides not to purchase the goods. The supplier will most likely initiate court proceedings. It may either claim to recover the advance payment plus interest for a delay in payment or a penalty if it provided for by a contract. Read further in the article what arguments the supplier will be using in court and how to rebut them.

18 September 2017

The company lost accounting documents. When the director is not responsible for this

The company lost accounting documents. When the director is not responsible for this

Bankruptcy proceedings have been initiated against the company. In court, it turned out that the accounting department was flooded and all the documents were gone. The creditors demand that the director be held accountable. What it threatens and what to do - read the article.

16 September 2017

Payments, line up!

Payments, line up!

In its Ruling dated 25.04.2017 No. 46-КГ17-4, the Supreme Court of Russia explained the priority of satisfying claims under a loan agreement.

13 July 2017

10 payment related questions when a works contract is terminated earlier

10 payment related questions when a works contract is terminated earlier

Parties entered into a works contract, and the contractor proceeded to perform works, however, the contract is terminated before they are completed. How much is the customer supposed to pay?

11 July 2017

Four regulations for small and mid-sized businesses

Four regulations for small and mid-sized businesses

In May 2017, the Russian government approved amendments to regulations related to public procurement from small and mid-sized businesses. Dariya Nyukhalkina, lawyer, Exiora Lae Firm, commented on the amendments for the Lawyer Online publication.

04 July 2017

Lending Institutions in Bankruptcy

Lending Institutions in Bankruptcy

Presently bankruptcy of financial institutions in Russia is primarily associated with cleaning of the banking sector evidenced by a steady growth of the number of banking licenses revoked by the Bank of Russia. Meanwhile, bankruptcy of financial institutions has its specifics in the form broad powers granted to the Central Bank which invokes special rules.

30 May 2017

Property Liability of the State

Property Liability of the State

Despite the fact that the state equally participates in civil law relations (Paragraph 1, Article 124 of the Russian Civil Code), applicable laws contain special rules concerning the liability of the state for losses incurred due to exercise of its power authorities.

10 May 2017

Review of Russia’s Supreme Court practice: contracts and obligations

Review of Russia’s Supreme Court practice: contracts and obligations

On February 16, 2017 the Presidium of the Supreme Court of the Russian Federation approved this year’s first court practice review. The Review is mostly dedicated to matters related to contract law and law of obligations, including disputes involving banks and insurance companies.

16 March 2017

Monetary Obligation Paid in Instalments

Monetary Obligation Paid in Instalments

Yuriy Sbitnev, partner, Exiora Law Firm, commented on the Ruling of the Plenum of the Supreme Court of the Russian Federation dated 22.11.2016 No. 54 on matters concerning permissibility of performing a monetary obligation in instalments.

27 February 2017

The Supreme Court on the writ proceedings

The Supreme Court on the writ proceedings

A court order is a judicial act issued by a lay judge or a commercial arbitration court judge of a relevant constituent body of the Russian Federation upon a motion for the recovery of possession of personal property or collection of money on grounds listed in Article 122 of the Russian Code of Civil Procedure and Article 229.2 of the Russian Code of Arbitration Procedure. The list of grounds for issuing a court order is an exhaustive one. The distinction between a court oder and a judgment is that the former simaltaneously serves as an enforcement order.

14 February 2017