October 18 Main results of the day

The Ninth Arbitration Court of Appeal upheld the legality of the decision of the Moscow Arbitration Court in favor of our Principal to terminate the commercial real estate lease agreement. The complexity of the dispute was that the Lessee did not recognize the legal force of the agreement granting the Lessor the right to unilaterally withdraw from the contract, arguing that it was signed by an unauthorized person on his part. Nevertheless, despite the active opposition of the opponents, the courts of both instances agreed with the position of the Bureau’s lawyers that the correspondence nature of the exchange of legally significant messages during the coronavirus pandemic does not allow to assign the corresponding risks to a bona fide party relying in its actions on the actual established procedure of interaction under the contract and the formal details of documents received from the counterparty. The positive outcome of the case allowed the Principal to remove the encumbrance of his property to the Unified State Register of Real Estate and return it to commercial circulation. The interests of the Principal were represented by Yakov Prisyazhnyuk, Head of the practice of resolving economic disputes of the Bureau of Lawyers “De jure”.