Arbitration courts of the republics, territories and regions of Eastern Siberia, the 3th and 4th arbitration appeal courts (Krasnoyarsk and Chita) and the Federal Arbitration Сourt of the Eastern Siberian District. The examples of our representing of clients’ interests in these courts:
Law of Obligations
The client applied for recovery of debts for construction works, as well as compensation for downtime by the fault of the customer. It was the constant downtime of the customer's equipment caused by the customer's fault that caused him to refuse to continue to execute the contract and recover the cost of the work performed and to compensate the amount of $450, 000 for the downtime of equipment and personnel. The difficulty consisted in the composition of the evidence for the specific composition of the work performed by the client (working off the dead tailings at the mining enterprise), as well as in proving the customer's fault in the downtime of the client's equipment. The customer's equipment, the work of which was the final part of the contractor's work process, was imperfect, as a result of which it did not have time to process the volume of ore that the contractor (customer) unloaded for the change. It was these circumstances that caused the contractor to stand downtime. And their proof was the main difficulty and peculiarity of this case. The lawyers of LexProf during the lawsuit used various means of proof: expert opinions, technical documentation analyst, and the study of the chain of technological process of ore used for reprocessing supply.
The proper protection provided by the lawyers of LexProf led to a successful outcome. The court, in addition to the principal amount, recovered the amount of $80, 000 as a compensation for downtime.
Protection of the rights of the company, the recipient of budgetary funds, in challenging of the transaction for their receipt ($3, 000, 000) by the budgetary funds manager. The deal was contested on grounds of non-use of budget funds for the purpose. During the lawsuit the circumstances of the lawful use of budgetary funds were considered, as well as valid reasons why they were not fully utilized.
Representation of the interests of the taxpayer (a communication company) in challenging the decision of the tax authority to refuse to recognize the tax payment as paid and additional charge to pay the amount of tax, penalty and fine. The tax authority raised a claim for taxes, based on the fact that the taxpayer did not pay the tax to the budget. The complexity of the situation was that the tax was paid via a bank that was subsequently revoked a license, the tax was not received by the budget, and most of the documents relating to the tax payment were not preserved because of the fact that the claim was made in the last days of the term, and the bank was already liquidated. Nevertheless, it was possible to prove good faith of the taxpayer and to recognize the claim as invalid one on the basis of the surviving documents.
Suppression of unlawful actions of preliminary investigation bodies
The rights of the company were defended, whose assets in the amount of $3, 500, 000 were arrested during the preliminary investigation, despite the fact that at the request of the injured party, he claimed half of this amount. Illegal actions of the preliminary investigation bodies actually paralyzed the activities of the enterprise, which required a complex of immediate response measures. Active actions on legal support of the legitimate interests of the company made it possible to lift arrests of the company’s bank accounts and prevent bankruptcy of the company.
Representation of the recoverer’s interests in the enforcement proceedings for reclamation of asbestos ore. As a result of effective work with the bailiff service, it was possible to enforce the court decision and carry out transportation of several hundred tons of asbestos ore from the Republic of Tyva to the Republic of Khakassia on the mountain roads for a distance of more than 242 km at the expense of the debtor.
In the course of defending the recoverer’s rights during enforcement proceedings the debtor's withdrawal of immovable property from possession in order to avoid settlements with the creditor was prevented. Actions to achieve the result were complicated by the presence of the bank's security rights to the same object, as well as claims of third parties.
Representation of interests of a group of creditors of a mining and processing enterprise (more than $20, 000, 000). Protection of the creditors' rights was carried out by appealing unlawful actions of the bankruptcy manager, ensuring the possibility of creditors' participation in determining the property selling procedure, appealing against decisions of creditors’ meetings conducted by the arbitration manager in violation of the procedure established by law.
Protection of the rights of top managers of a large leasing company to receive compensation on early termination of the contract caused by the change of control (payment of "golden parachutes").
January 10, 2013
The lawyers of LexProf proved in the court the right of the client to receive payment for the period of downtime.Learn more