July 8 Main results of the day

The Moscow City Arbitration Court sided with the Client of the Bureau of Lawyers “De jure” in a dispute with a tenant regarding the recognition of a lease agreement for non-residential premises as terminated due to the owner’s unilateral refusal to execute it. Procedural opponents tried to take advantage of the shortcomings in the document flow between the parties that arose during the period of coronavirus restrictions, arguing that some of the legally significant documents defining the owner’s right to refuse to fulfill the lease agreement were not signed by the tenant’s general director. Lawyers of the Bureau managed to defend the legal position that the responsibility for correspondence from the counterparty, sealed by a legal entity, lies with the tenant and the owner of the premises, acting in good faith, could not and should not have assumed the presence of any defects in it. Thus, having applied the terms of the agreement as amended by the owner, the Arbitration Court found justified his claims to recognize the disputed lease agreement as terminated. The Client’s interests were represented by Yakov Prisyazhnyuk, Head of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.