at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
13.06.2023
29.05.2023
A dispute under the Forwarding Contract for Freight Transportation Organization, pursuant to which the Claimant as forwarder was to provide freight forwarding services to the Respondent as a client, by organising international transportation or transportation across Russia by rail, road, sea or other modes of transport, and the Respondent was to make certain payments in consideration for these services. The Claimant sought to recover the outstanding additional costs as they could not be calculated prior to the actual provision of these services. The Respondent believed all his debts under the Contract to the Claimant were already covered. Moreover, the Respondent emphasised that its cargo (bottles of red wine) was seriously damaged and delayed, which caused the Respondent's losses. Still, it received no solution or answer from the Claimant. The Respondent is of the view that it does not owe the Claimant “financially or morally”, and that the above points should offset the Claimant’s claims.
22.05.2023
The Parties entered into a contract for the supply and installation of imported equipment. The Claimant (Contractor) admitted that, during the performance of the contract, it had failed to meet the time limits set out in the contract because of the difficult economic situation in the world. The Respondent (Client) demanded payment of a penalty for non-performance of the contract and subsequently withheld the amount of the penalty from the payments in favour of the Claimant. Considering the amount of the penalty to be excessive, the Claimant filed a claim to reduce the penalty by recovering the amount of unjust enrichment from the Respondent.
16.05.2023
12.05.2023
Dispute on the recovery of a penalty for the delay in the performance of work under a work contract. All arguments submitted by the Respondent on the merits of the dispute were recognized by the Arbitral Tribunal as untenable. The claim was entirely dismissed since the period for incurring the penalty was within the moratorium on bankruptcy prescribed by the Russian Government Decree No. 497 of 28.03.2022. This moratorium prohibits accruing penalties.
28.04.2023
Dispute on the recovery of a penalty for violation of the terms of delivery of equipment for meeting rooms. The Respondent was certain that the Parties must have anticipated potential setbacks in the equipment delivery schedule due to the ongoing semiconductor crisis in 2021, though such prospects were not explicitly outlined in the contract. The Respondent's attempts to evade liability in accordance with paragraphs 1 and 3 of Article 401 of the Civil Code of Russia by citing force majeure caused by sanctions restrictions in 2022, were deemed invalid. The market's inadequacy in providing the necessary goods for the completion of the contract, compounded by the intricate geopolitical situation arising from para. 3 of Art. 401 of the Civil Code of Russia, did not fall under the classification of force majeure circumstances. Moreover, the contract's protocol for exemption from responsibility was not abided by. The satisfaction of claims was not affected by the moratorium on bankruptcy introduced by the Russian Government Decree No. 497 on 28.03.2022, as there was no dispute between the parties regarding claims for penalty recovery for the period covered by the moratorium.
12.04.2023
04.04.2023
03.04.2023
27.03.2023
