October 16 Main results of the day
The Arbitration Court of the Republic of Bashkortostan refused one of the largest oil companies in Russia to satisfy claims against the Principal of the Bureau in the amount of over 442 million rubles. Within the framework of this dispute, the oil company – the customer filed a claim against the subsidiary company of the Principal of the Bureau for the recovery of a forfeit in the amount of more than 442 million rubles for late delivery of industrial equipment and violation of the deadlines for eliminating deficiencies found in it. The claims were supported by bilateral consignment notes and acts on the elimination of deficiencies. Thanks to a thorough analysis of the case materials and elaboration of the legal position, the lawyers of the Bureau managed to reverse the formal approach of the court prevailing in such disputes to the evaluation of the evidence presented by the customer. So, during the consideration of the case, the lawyers of the Bureau managed to convince the arbitration court that the delay in the delivery of the goods was in fact caused by the actions of the Customer himself, and the identified and formally confirmed shortcomings of the supplied equipment actually concerned the issues of coordinating the accompanying technical documentation, i.e. could not serve as a basis for bringing the Principal’s company to contractual liability for violation of the terms of the contract on the quality of the supplied equipment itself. Taking into account the stated arguments, the court announced the operative part of the decision, which reduced the amount of liability of the Principal’s company by more than 99.97% of the claims originally stated by the Plaintiff (the amount of the penalty, with which the Principal initially agreed). The preparation of the legal position and the interests of the Principal in the court sessions were represented by Nikita Vladimirovich Filippov, head of MCBA “Bureau of Lawyers “De jure”, and Yakov Prisyazhnyuk, senior lawyer of the practice of resolving economic disputes.
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