Litigation team members at Maxima Legal have commented on the biggest lawsuits of the week for the Delovoy Peterburg

The Delovoy Peterburg newspaper has published a review of the largest lawsuits of the week with explanatory notes of Maxima Legal experts.

In particular, Dmitry Uryakin, associate at Maxima Legal’s Dispute Resolution and Bankruptcy Practice, commented on claims from Power Machines PJSC to Lonas Tekhnologiya JSC for 1.2 billion rubles each. Lonas Technologiya was the contractor in NorNickel’s project to upgrade Norilsk thermal power plant-2. The claimant demands that the advance payment be refunded due to the breach of deadlines.

Dmitry Uryakin stressed that the court will substantiate its decision on the basis of the experts’ opinion, whose research has not only been conducted, but is currently being challenged by the contractor. “If the experts come to the conclusion that the works were performed poorly or the contractor did not provide them in time for delivery, the court will probably favor the client and will not recognize the withdrawal from the contract as invalid,” explained the associate to the Delovoy Peterburg.

The expert also drew attention to the bankruptcy case of the contractor, the register of claims of which has already included the customer’s claims for the return of the advance. “Thus, the court in the bankruptcy case of the contractor has actually prejudged the outcome of this case, and the contractor will only have to rely on the satisfaction of claims for payment for high-quality construction work,” said Dmitry.

Head of Dispute Resolution and Bankruptcy Practice at Maxima Legal Sergei Bakeshin commented on the bankruptcy case of IBS Capital Edwayze OJSC. To date, bankruptcy proceedings have been instituted against the debtor, a trading company of ISE Capital Advise OJSC. The case has gone through several appeals, most of which have not been satisfied.

Sergei Bakeshin noted that there is a reshuffle of claims. “The bankruptcy case of IBS Capital Edwayze OJSC was initiated on the application of Komplekt SPB LLC. It purchased the claim from Bank Saint-Petersburg, to which the debtor vouched for ISS Rasche Propeti Divelapse PJSC. After the supervision procedure was introduced, the agreement between Komplekt SPB LLC and Bank Saint-Petersburg was terminated and the claim was returned to the bank, which is the main creditor both of ISS Capital Edweise OJSC and ISS Rasche Propeti Divelapse PJSC”,  the expert explained.

To read the full article (in Russian), please see the Delovoy Peterburg website >>>