September 8 Main results of the day

The Moscow Arbitration Court approved a settlement agreement in the case of recovery of damages (in connection with the purchase of construction materials) on the claim of the Principal against the General Contractor, who first suspended the work and then unilaterally changed the previously agreed scope of work. The legal position of the Bureau’s lawyers and the evidence presented in 12 volumes were so convincing for the Defendant that before the first hearing of the case, the opponent recognized the validity of the claim and offered to buy back all the materials from the Principal, including the materials remaining for redemption and removal. Moreover, under the terms of the agreement, the amount of losses recognized by the Defendant was offset against the Principal’s repayment of the advance under the contract, while the Defendant is obliged to refuse the bank guarantee for this amount. The interests of the Principal were represented by Nikita Filippov, Head of the Bureau of Lawyers “De jure”, and Rashid Gitinov, Head of the practice of resolving disputes with state bodies.

The Moscow Arbitration Court recognized the bankruptcy petition of the Principal’s company as unfounded and terminated the insolvency proceedings. Despite the fact that in the case there were several applications for entry into bankruptcy proceedings, lawyers of the Bureau of Lawyers “De jure” proved the existence of legal grounds for leaving these applications without progress, and these grounds in the current conditions are irremovable, and therefore they cannot prevent the termination of bankruptcy proceedings. Thanks to this decision, the Principal can continue his usual business activities and planning further actions to get out of a difficult situation. The interests of the Principal were represented by Daria Ivanova, Senior Lawyer of the Bankruptcy Dispute Resolution Practice.