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Delivery of goods: how to prove contract performance?
Frequently, a dispute on collection of debts for delivered goods involves disputing the very fact of transfer of the goods. For instance, by the buyer company or the buyer company’s receiver, if the former is held bankrupt. Go to our review to find out what evidence may be produced to substantiate proper performance of a supply contract.
31 October 2017
May a penalty be claimed if a buyer under a supply contract fails to perform its obligation to make a pre-payment?
Upon analyzing the theory of fictitious litigation proceedings, Alexey Moroz concludes that today substantial obstacles for recovering a penalty for a failure to make a pre-payment are absent. Courts tend to concur that the penalty provision is intended to ensure a creditor’s proprietary interests which may have incurred losses due to non-receipt of the pre-payment.
22 September 2017
The Supreme Court allowed a bankrupt contractor’s guarantee withholding to be kept by the customer
The Supreme Court allowed a bankrupt contractor’s guarantee withholding to be kept by the customer According to a legal position formulated in the Ruling issued by the Supreme Court of Russia on June 30, 2017 No. 304-ЭС17-1977, the amount of a guarantee withholding, in the event a contractor goes bankrupt, may not be prematurely collected from its customer to be added to the pool of bankruptcy assets, but is subject to evaluation and sale as receivables.
11 July 2017
Will improper performance by the chief accountant of his/her duties on keeping books and records justify releasing the debtor company’s director from vicarious liability?
The duty of properly maintaining accounting books and records is normally imposed on a company’s chief accountant. Will the court accept the company director’s arguments to the effect that he/she has personally ensured all the required conditions for books and records to be kept properly, and faulty (incomplete or inaccurate) accounting documents are due to the chief accountant’s failure to properly perform his/her job responsibilities?
02 May 2017
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?
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. 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
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
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
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
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