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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
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
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