January 29 Main results of the day

The Moscow Arbitration Court satisfied the claim of the Principal of the Bureau for the recovery of unjustified enrichment in the amount of more than 3.5 million rubles from a foreign supplier due to termination of the supply contract.

The complexity of the case was not only in the specifics of considering a dispute involving a foreign element (including applicable law, notification procedure, etc.), but also in the actual circumstances. With the imposition of sanctions by unfriendly countries, the legal supply of the disputed equipment was not possible. The Defendant took advantage of this and undertook to make the delivery through parallel import, assuring that the equipment could be used for its intended purpose. At the same time, the manufacturer notified the purchasers of the impossibility of authorization and maintenance of equipment imported through parallel imports due to the features of the software. Subsequently, the Principal became aware that the official manufacturer continued to supply equipment to Russia, since it was not included in the sanctions list of goods.

The foreign supplier partially agreed with the manufacturer’s position, but refused to refund the entire amount of the contract price, since the contract was terminated at the buyer’s initiative. The interests of the Principal of the Bureau were represented by Alexander Uchaykin, Senior lawyer of the practice of resolving economic disputes.