November 23 Main results of the day

The Arbitration Court of the city of Moscow considered the Principal’s claims for inclusion of claims in the register of creditors’ claims of his debtor and included them on the amount of more than 40 million of the principal debt and more than 100 million rubles of penalties. It is noteworthy in the dispute that the lawyers of the Bureau of Lawyers “De jure” applied the current trends of judicial practice on the possibility of balancing the claims of the parties under contracts. It was proven to the court that the balance of counter-submissions is not a new transaction similar to the offset of claims, but is the result of a reconciliation of settlements on obligations, including even if bankruptcy procedure have been introduced in the agreement against one of the parties. Thanks to the position built by the Bureau’s lawyers, the Principal will not need to pay the amounts of guarantee deductions under the work contracts in favor of the bankrupt counterparty, since the court found it possible to balance such amounts with counterclaims, including those of a penalty nature. The interests of the Principal were represented by Ivan Bychkov, lawyer of the Bureau of Lawyers “De jure”.