Inadmissible terms of a settlement agreement: trends in court practice

By virtue of the principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation), a settlement agreement may contain any conditions not contrary to the law or other legal acts. At the same time, the APC RF establishes an exhaustive list of grounds, in the presence of which the arbitration court refuses to approve a settlement agreementRead more

Changes in the arbitration process from 05.01.2024.

The President of the Russian Federation signed Federal Law No. 667-FZ dated 25.12.2023 "On Amendments to the Arbitration Procedural Code of the Russian Federation".
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Liability russian banks towards clients for the blocking en kons

Liability of Russian banks towards clients for the blocking of funds by foreign intermediary banks

The imposition of sanctions by foreign countries against Russian banks has led to the inability of these banks to fulfill their obligations to clients regarding cross-border transfers of funds in foreign currency.
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Review of court practice on bankruptcy in 2022

The approved review by the Presidium of the Supreme Court of the Russian Federation reflects 37 positions on various issues based on the decisions of the Economic Disputes Collegium for the year 2022.
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Parallel Import: Exceptions in Trademark Protection, Importers' Obligations, Difficulties, and Risks from Practice

Most enterprises during their activities encounter designations that individualize the goods of legal entities or individual entrepreneurs, known as trademarks.Read more

Issuance enforcement order for the implementation en konsu outso

Issuance of an enforcement order for the implementation of an arbitration court decision may be refused if its execution violates anti-crisis measures

As follows from the court's conclusions stated in the Resolution of the Central District Arbitration Court dated February 27, 2023 in case No. A14-13590/2022, anti-crisis measures related to obligations to foreign persons are part of the public order of the Russian Federation.
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Dealing with accounts receivable

Many companies increasingly face the prospect that their partners cannot fulfill their obligations because of the difficult economic situation and issues related to accounts receivable became relevant to many of our clients.Read more

Collection accounts receivable court proceedings en konsu outsou

Collection of accounts receivable in court proceedings

Any commercial organization or individual entrepreneur carrying out business activities under contracts that do not provide for 100% prepayment, face a situation sooner or later where the counterparty has receivables, payment of which is not always possible to achieve on a voluntary basis.Read more

Administrative exclusion company from the state en konsu outsour

The exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for bringing the company's head to liability due to the company's outstanding debts to the creditor

The Supreme Court, in its ruling dated January 30, 2023, indicated that the exclusion of a company from the Unified State Register of Legal Entities in an administrative manner is not a ground for holding the company's head liable due to the company's outstanding debts to the creditor.Read more

The arbitration clause can ignored the chosen court en konsu out

The arbitration clauses in contracts can be ignored if the chosen court is located in a state that has imposed sanctions against Russia

As the court of cassation pointed out in Resolution of the Commercial Court of the Far Eastern District dated December  26, 2022 in case No. A73-15265/2022 , a judicial dispute is subject to consideration in a Russian court if there are grounds to believe that the foreign court referred to in the contract will be unable to ensure a fair trial.Read more