The decision of the Arbitration Court of the Moscow District in favor of our client has put an end to a four-year dispute between the parties to the preliminary lease agreement for non-residential premises.

Our Principal concluded a preliminary lease agreement for non-residential premises in a building under construction, , according to the terms of which the main lease agreement was to be concluded after completion of construction. Shortly before the expiration of the deadline for concluding the main contract, the counterparty began to behave inconsistently: on the one hand, confirming the intention to conclude the main contract, on the other, challenging the preliminary contract in court.

Our client intended to conclude a main contract and relied heavily on personal agreements, guided by the principle that “once we shook hands and agreed, the obligations would be fulfilled.” However, the counterparty still showed inconsistency and created conditions under which the contract was not concluded.

The trial lasted 4 years; the case came to our work already at the stage of the first instance of the second round. The court of first instance denied the Principal’s claim; the appeal court, in turn, repeated the conclusions of the court of first instance. And only the court of cassation, resolving the dispute for the second time, overturned the judicial decisions of the first and appellate instances, examined the case on the merits and satisfied the claim in full.

The interests of the Principal were personally defended by Konstantin Tkachenko, lawyer, Head of the branch of MCBA “Bureau of Lawyers “De jure” in Krasnodar.