November 19 Main results of the day

The Moscow Arbitration Court rejected a Russian company’s claim against the Principal of the Bureau of Lawyers “De Jure” for the recovery of a penalty for late delivery of goods, damages and legal costs totaling 32 million rubles.

The Principal is an importer of production equipment and, within the framework of the contract concluded with the Plaintiff, delivered goods of proper quality. However, the buyer considered that the supplier had violated its obligations and, despite the absence of such a right in the contract, accepted the goods for safekeeping and evaded signing the transfer documents for over two months. Subsequently, the Plaintiff charged a penalty for the period of the alleged delay and filed a lawsuit. The Bureau’s Principal did not agree with the Plaintiff’s position, considered such behavior to be unfair and filed a counterclaim for recovery of the remaining payment for the goods and a penalty in accordance with the contract. As a result of the lengthy proceedings, the arbitration court agreed with the arguments of the Bureau’s lawyers and decided to dismiss the initial claim and fully satisfy the counterclaim in the amount of over 11 million rubles.

The Client’s interests were represented by Alexander Uchaykin, senior lawyer of the Practice of resolving economic disputes of the Bureau of Lawyers “De jure”.