Reviews

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

Bonuses paid to top managers in anticipation of bankruptcy must be returned to bankruptcy assets

Bonuses paid to top managers in anticipation of bankruptcy must be returned to bankruptcy assets

Comments to the ruling issued by the Judicial Board on Commercial Disputes with the Supreme Court of the Russian Federation on June 14, 2016 No. 304-ЭС15-20105.

19 July 2016

Delivery and acceptance certificate for works performed as evidence in construction related dispute

Delivery and acceptance certificate for works performed as evidence in construction related dispute

Virtually in every dispute over scope, cost, quality or dates of performance of works under a construction contract, a delivery and acceptance certificate for works performed becomes a primary piece of evidence.

10 July 2016

The Supreme Court of the Russian Federation expands the circle of parties to bankruptcy proceedings (and reviews the position of the Presidium of the Supreme Commercial Arbitration Court)

The Supreme Court of the Russian Federation expands the circle of parties to bankruptcy proceedings (and reviews the position of the Presidium of the Supreme Commercial Arbitration Court)

Comments to the ruling issued by the Judicial Board on Commercial Disputes with the Supreme Court of the Russian Federation on June 14, 2016 No. 304-ЭС15-20105.

07 July 2016

The Supreme Court of the Russian Federation clarifies where a failure to comply with mandatory pre-trial dispute resolution procedure does not impede considering a case on its merits

The Supreme Court of the Russian Federation clarifies where a failure to comply with mandatory pre-trial dispute resolution procedure does not impede considering a case on its merits

Traditionally, the claimant’s compliance with the mandatory pre-trial dispute resolution procedure in cases where such procedure is stipulated contractually or based on the parties’ agreement is seen as one of the prerequisites of the procedural right to file a claim.

20 May 2016

The Supreme Court identifies grounds for the customer’s refusal to accept final work product

The Supreme Court identifies grounds for the customer’s refusal to accept final work product

It is often the case that customers, when revealing defects in the course of acceptance of works, refer to them as the grounds for their refusal to sign a delivery and acceptance certificate. When may such refusal be held legitimate?

15 March 2016

The Supreme Court imposes on the customer the burden of proving grounds for its unilateral waiver of the contract upon the contractor’s failure to meet the dates for performance of works

The Supreme Court imposes on the customer the burden of proving grounds for its unilateral waiver of the contract upon the contractor’s failure to meet the dates for performance of works

The Supreme Court clarifies the procedure for the customer’s waiving a construction contract in situations where the contractor fails to meet the performance dates.

02 February 2016

Second cassation instance corrects the first which sends the case to go in circles

Second cassation instance corrects the first which sends the case to go in circles

One of the powers of a cassation court provided for in Part 1, Article 287 of the Russian Arbitration Procedure Code is to reverse a judgment issued by lower courts and to move the case for a new trial, if the conclusions contained in the appealed judgment do not comply with the facts of the case or the evidence produced in the case.

20 January 2016

The Supreme Court of the Russian Federation recovers unworked advance payment under a valid contract

The Supreme Court of the Russian Federation recovers unworked advance payment under a valid contract

The Supreme Court of the Russian Federation hears an interesting case on recovery of unworked advance payment under a construction contract.