Arbitration courts of the republics, territories and regions of the North Caucasus, the 15th and 16th Arbitration Appeal Courts (Rostov-on-Don and Yessentuki) and the Federal Arbitration Court of the North Caucasian District. Examples of our representing of clients' interests in these courts:
The client of the law firm claimed the counterparty to pay agent’s fees for 2 small aircrafts repair services ($80, 000). Instead of paying debts, the client was sued to recover $450, 000 penalty under the agency agreement. The refusal to pay was motivated by the opponent because of the breach of the agreement as it was executed not by the agent, but by the subagent (client of the law firm). The difficulty was that the client of the law firm acted in the disputed legal relationship as a subagent by reason that the right to collect the debt was transferred to him under the agent’s cession. The subject of proof included the fact of execution of the agency agreement through the actions of the subagent. The legal concept of the subagency agreement is rarely found in judicial practice, there are no explanations of the higher courts for it. But LexProf successfully defended the rights of the client in all instances up to the Supreme Arbitration Court of the Russian Federation.
At the same time, two claims of the opponent were not satisfied. The judicial acts were based on the prejudicial circumstances established during the lawsuit initiated by the lawyers of LexProf in the interests of the principal.