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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
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
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