RU ENG

Reviews

Does losing a company’s accounting books and records for good cause exclude holding the director of a bankrupt business vicariously liable?
Does losing a company’s accounting books and records for good cause exclude holding the director of a bankrupt business vicariously liable?
Oftentimes, when considering cases on holding controlling parties vicariously liable, it is revealed that accounting books and records have been lost for seemingly solid reasons. Accounting books and records burn in fires, drown in accidents, may be destroyed by rodents or withdrawn by law enforcement bodies in the course of audits and various investigative activities. Do these circumstances evidence lack of grounds for holding the controlling party vicariously liable?
28 April 2017
The operative part of a judgment pronounced in court room contradicts that introduced into case files. Can a party to the dispute insist on the case to be reviewed?
The operative part of a judgment pronounced in court room contradicts that introduced into case files. Can a party to the dispute insist on the case to be reviewed?
Despite the fact that making audio records of a court hearing is mandatory in commercial arbitration court of first and appellate instances, there are cases when the operative part of a judgment pronounced in the course of a hearing is contrary to that later introduced into the case files. Such procedural violations occasionally become the subject of review by supreme courts.
10 April 2017
Vicarious liability of controlling parties where a debtor is made bankrupt: practice of the Commercial Arbitration Court of the Moscow Circuit from 2011 to 2016
Vicarious liability of controlling parties where a debtor is made bankrupt: practice of the Commercial Arbitration Court of the Moscow Circuit from 2011 to 2016
Vicarious liability of controlling parties where a debtor is made bankrupt: practice of the Commercial Arbitration Court of the Moscow Circuit from 2011 to 2016. We offer to your attention the Review of Judicial Practice of the Commercial Arbitration Court of the Moscow Circuit on matters related to holding controlling parties vicariously   liable for the obligations...
28 February 2017
Mandatory pre-trial procedure of dispute resolution: court practice related to application of provisions of Part 5, Article 4 of the Code of Arbitration Procedure by Moscow City Arbitration Court and the 9th Arbitration Court of Appeals
Mandatory pre-trial procedure of dispute resolution: court practice related to application of provisions of Part 5, Article 4 of the Code of Arbitration Procedure by Moscow City Arbitration Court and the 9th Arbitration Court of Appeals
We would like to offer to your attention a summarized practice concerning how Moscow City Arbitration Court and the 9th Arbitration Court of Appeals apply norms on mandatory pre-trial procedure of resolving civil law related disputes
26 January 2017
Disputing Regulatory Enactments Under CAS Rules: Procedural Barriers Preventing an Efficient Judicial Defense
Disputing Regulatory Enactments Under CAS Rules: Procedural Barriers Preventing an Efficient Judicial Defense
The procedure for disputing regulatory enactments established by the Russian Code of Administrative Procedure does not provide for a possibility to render as invalid an enactment which has ceased to be in force. Previously, the Constitutional Court of the Russian Federation indicated that such approach results in a claimant being refused a judicial defense of his or her rights and freedoms.
20 December 2016
A lease contract: disputes related to inseparable improvements
A lease contract: disputes related to inseparable improvements
In order to avoid disputes on a separable or inseparable nature of improvements/fixtures made to the lessee to the leased property, the parties to a lease contract are advised to make a list of improvements which may be performed by the lessee and determine in advance what happens to them if the lease is terminated. It is risky to leave it for a court to decide, as one and the same improvements may be qualified differently by different courts and under different circumstances.
21 November 2016
Construction related disputes in the practice of the Supreme Court of Russia
Construction related disputes in the practice of the Supreme Court of Russia
We are offering to your attention a review of the practice of the Supreme Court of Russia on construction related disputes from 2015 to 2016. The review covers issues pertaining to essential terms of construction contracts, dates for performance of works and the quality of works, delivery and acceptance of works, contract termination, rights to the architectural design, securing performance of the contractor’s obligations (bank guarantees and the so called "guarantee withholding"). A special focus is made on contracts for performance of works for state or municipal needs, and procedural issues associated with consideration of construction contract related disputes (e.g., a court-appointed expertise).
08 November 2016
How to recover a debt on payment for works in the absence of customer signed delivery and acceptance certificated?
How to recover a debt on payment for works in the absence of customer signed delivery and acceptance certificated?
In practice situations often arise when a customer employs various pretenses to refuse to sign delivery and acceptance certificates for works performed by a contractor. What are the steps to be taken by the contractor in the given circumstances?
15 September 2016
When may a lessee waive performance of a lease contract?
When may a lessee waive performance of a lease contract?
A lessee under a property lease contract may face a situation where a further use of the property becomes commercially unjustified. May it waive the contract which has not yet expired?
08 September 2016
A lean compromise is better than a fat lawsuit? Hardly
A lean compromise is better than a fat lawsuit? Hardly
General courts turn out to erect artificial barriers for parties to settle.
25 August 2016
1 2 3