Arbitration practice

We analyze controversial legal relations, form a legal position, collect evidence, conduct claims work, and participate in court hearings.

Cases

Estoppel in action: how to collect a debt that has already been denied

principal debt and penalties collected

1 300 000₽

Request

The opponent had been consuming electricity in the garage complex for months, but refused to pay — he came up with technical reasons: a dispute over a meter, lack of access to the switchboard, and issues of technological connection. The court of first instance accepted these arguments and dismissed the claim.

Result

They analyzed the defendant's position on each point and built counterarguments. The obligation to pay was already enshrined in a court decision that had entered into force — this is a prejudice under Part 2 of Article 69 of the APC of the Russian Federation, which cannot be ignored. under these conditions, and when it came time to pay, he took the opposite position. The Court of Appeal applied the estoppel principle and dismissed all objections.

Результат
The decision of the first instance was overturned and the claim was fully satisfied. More than 1,300,000 rubles of principal debt and penalties were collected. The court confirmed that technical differences over the meter are no reason to avoid paying for the resource actually consumed. Contradictory conduct in court does not receive protection.

Commercial Real Estate Management Company (NDA)

Financial result

33 mln ₽

Request

Representing a client in court in a claim for the collection of rent arrears, fines and penalties during the pandemic and actions in Moscow. Moscow is on high alert.

Результат
The amount of claims has been reduced, an amicable agreement has been concluded on the terms and in the interests of the client, and positive judicial practice has been established in connection with the application of legislation and measures to counter the spread of COVID-19 in the Russian Federation.

International packaging equipment manufacturer (NDA)

Financial result

9 mln ₽

Request

Representing the client's interests in the Arbitration Court of Moscow Moscow on a claim to recover funds for the supply of low-quality packaging machines.

Результат
The recovery from the client was completely denied. The counterclaim for the recovery of funds for the commissioning was partially satisfied.