Analytics Publications Dispute resolution

10
November
2016

RF Supreme Court: continuity slows down the process

On 25 July 2016, the Supreme Court of the Russian Federation introduced a bill in the State Duma calling for a number of significant amendments to the Civil Procedural Code of the Russian Federation (CPC RF). As it was stated in the explanatory memorandum, the amendments are aimed at improving procedures when considering civil cases. One of the main changes is the removal of the principle of continuity of the trial from the CPC RF.
EZH-Yurist
26
August
2016

Interest rate on a loan – when does a bank have the right to raise it unilaterally

Due to the rapid development of the financial markets, the question of borrowed funds (in particular, loans from banks and non-bank organizations) and the legal regulation of such crediting is very acute for individuals and legal entities. The banks retain wide rights to enter into contracts and, on the contrary, the options of the borrower are limited. To learn when a bank is entitled to unilaterally increase the interest rate on a loan, please read this article.
Business and Life
11
August
2016

The arbitration process: reboot

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
EZH-Yurist
4
August
2016

Russian Supreme Court’s case-law on creditor-debtor disputes

The Supreme Court of the Russian Federation has issued another Review of Judicial Practice. One of the sections contains information about disputes arising out of creditor-debtor obligations, and another – a Review by the Judicial Collegium on Economic Disputes.
EZH-Yurist
23
June
2016

Gaps are being eliminated, but problems remain

The State Duma Committee voted to adopt, during first reading, the draft law clarifying the possibility of protection from prolonged default in kind. Changes proposed to the Federal Law dated 30.04.2010 No. 68-FZ “On compensation for violation of the right to trial within a reasonable time, or the right to have a judicial act performed within a reasonable time”. We examine the basic provisions of the draft law.
EZH-Yurist
18
December
2015

To get one’s debt returned, or obtain control of the debtor?

The desire to recover a debt from a borrower is understandable. However, is it justified for a bank to resort to abusive and aggressive behaviour? Judicial practice shows that this should be avoided, because it may result in losses to the bank. What are the responsibilities stipulated by legislation when it comes to unscrupulous actions of the lender, upon initiation of bankruptcy proceedings?
Legal work in a credit organization
24
November
2015

Bank increased interest on the loan, citing the economic crisis. The chances of a borrower challenging such an increase

- In which cases can a bank increase the interest rate on a loan - What arguments will help a borrower challenge an interest rate increase on a loan - How to prove the punitive nature of the new interest rate imposed by a bank
Arbitration practice
10
November
2015

Legalization of conditions on making payments under a preliminary contract

The task was to recognize the validity of conditions, included in a preliminary contract, on making partial payments for a property. When it comes to sales transactions, then no particular problems should arise. However, if you have a special situation, you need to structure an advance payment and/or a security deposit, as well as ... this instruction.
Сorporate lawyer
16
October
2015

How to protect the interests of the parties in the implementation of international guarantees, under sanctions conditions?

Under sanctions conditions, participants of guaranteed international transactions find themselves between a rock and a hard place. On the one hand, for violation of the sanctions regime, one can be fined. On the other hand, if obligations under the guarantee will not be fulfilled, because of the sanctions, the counterparty to the transaction may turn to the courts. The question is what should be taken into account today when issuing guarantees, and the performance of obligations under them?
Legal work in a credit organization
4
August
2015

Building a row. Anti-crisis rules

If the contractor is obliged to perform the work to a greater extent than was stipulated in the budget, he may propose to the customer to make the appropriate changes in the estimate and to calculate their payment. In some cases, it is acceptable and what conditions must be met at the same time?
Сollective of authors, VEGAS LEX
Сorporate lawyer
17
October
2016

Supreme Court of the Russian Federation explains how to sue under the new Code

In September of 2015, the Administrative Court Procedure Code of the Russian Federation was enacted, which raised many questions from the side of lawyers, and servants of Themis. The Supreme Court has decided that one year is enough time to sum up the preliminary results of the implementation of this significant new legislation – as separate administrative proceedings. The result of this analysis was the adoption of the Resolution of the Plenum of the RF Supreme Court dated 27.09.2016 No.36. The journal’s experts comment on its main provisions.
EZH-Yurist
19
August
2016

The arbitration process: reboot (part 2)

On 1 July 2016, came into force amendments to the agrarian and industrial complex of the Russian Federation, made on the initiative of the Supreme Court of the Russian Federation. The arbitration procedure legislation obtained a new institution, and a wider list of disputes that require a pre-trial procedure, and new powers have been given to the courts.
Evgeniy Rodin, Partner, Head of "Industry and Resources"
EZH-Yurist
11
August
2016

Bankruptcy law

The Judicial Board on Economic Disputes of the Supreme Court of the Russian Federation summarized the practice of the Russian legislation, including legislation on bankruptcy. As part of such a generalization, the Supreme Court focused on the institution of subsidiary liability of the director of the debtor and controlling persons, pointing to procedural possibilities of creditors to challenge the settlement agreement, concluded in previous cases on bankruptcy, and outlined the range of persons, as well as determined the order of consideration of disputes regarding the terms for auctioning off the subject of the collateral.

EZH-Yurist
1
July
2016

How to protect a company’s business reputation through the courts?

The main questions are – Which court to file a claim with, when it comes to the protection of a company’s business reputation? Who will be the defendant, if the defamatory information was disseminated by the mass media? What must the plaintiff prove, and is it possible to apply for expert examination of materials, which contain the defamatory information? Solution: if the claim for protection of a company’s business reputation derives from business activities, then a claim needs to be submitted to an arbitration court. Defendants shall be recognized as those individuals who spread defamatory information or reports, and the court will require them to prove that the information corresponds to reality. An expert examination can be requested when there are no other ways to establish the defamatory character of the information.
Company's lawyer
15
April
2016

Protecting the rights of owners of registered book-entry registered securities by filing a claim vindication

Book-entry registered securities and stocks are of particular value for their owners by virtue of their representing large amounts of property, intellectual and corporate rights. For this reason, shares are often the subject to civil law transactions, which subsequently may end up being challenged by one of the parties, for whatever reasons. The problem of protection of the rights of owners of book entry registered securities is now extremely urgent, due to the development of civil law turnover and a significant volume of transactions involving shares.
Securities Market
3
December
2015

What to do with imputed bad faith

Using an additional charge of bad faith – is an old headache for many companies. Disputes involving such issues often turn into a contest of evidence presentation – the one presenting the most convincing evidence is the winner. Positive for payers examples from actual practice are presented by Senior lawyer at VEGAS LEX law firm.
Сollective of authors, VEGAS LEX
Tax disputes
10
November
2015

Bridging the gaps, but not all of them

Plenum of the Russian Supreme Court in its Decree No.45 prepared a detailed explanation as to which specific characteristics should be taken under consideration by arbitration courts, when reviewing cases concerning the insolvency (bankruptcy) of citizens.
EZH-Yurist
21
October
2015

The practice of reviewing cases involving violations by state antimonopoly authorities and local self-government bodies

In this article, we review under which conditions state authorities and local authorities can be held accountable for the adoption of acts and the carrying out of actions that restrict competition. Analysed are the most common types of such violations, and the trends in judicial practice when considering these cases.
12
October
2015

Review of corporate disputes

In the first half of 2015, the Supreme Court of the Russian Federation gave plenty of attention to corporate law issues, which generally indicates the continuation of the activity by the Supreme Court stemming from the work of the Supreme Arbitration Court of the Russian Federation on the active development of Russian corporate law. Some of the disputes considered by the Supreme Court can be viewed as “precedent-setting” and affecting quite topical, at the moment, questions. These disputes are the subject of this review.
Joint Stock Company
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