Client

A Russian company that is an importer of components and equipment for pipelines.

Objective

The client transferred its claim rights to several debtors to another person under a cession agreement. The debtors did not agree with the transfer of claims to the new creditor and filed independent claims with the arbitration court to invalidate the cession agreement. In support of their claims, the debtors stated the following:

  • supply contracts concluded between them and the client stipulate the necessity to obtain the debtors' consent to assignment of claims to third parties;
  • the identity of the original creditor (client) is of significant importance to the debtors;
  • the cession agreement is concluded with the purpose to cause harm to the debtors - to make it impossible to satisfy their counterclaims to the client on payment of forfeit and reimbursement of losses under the supply contracts.

The client turned to Konsu to handle debtors' claims in arbitration.

Work stages

  • Situation analysis
  • Document preparation
  • Developing a legal position
  • Representation of client's interests in court

Result: The Arbitration Court concluded that there were no grounds to recognize the cession agreement as invalid and dismissed the debtors’ claims in full.