According to the decision of the arbitration court of appeal, the damages were recovered from the buyer who refused to accept the goods under the supply agreement

Arbitration dispute for the recovery of damages

According to the decision of the arbitration court of appeal, the damages were recovered from the buyer who refused to accept the goods under the supply agreement

According to the decision of the Thirteenth arbitration court of appeal dated April 18, 2018, the amount of damages incurred was recovered in full.

It should be noted that the client approached us after receipt of the unfavourable judgement on the claim by a third-party law firm defending the client’s interests.

When submitting the claim to Arbitration court of St. Petersburg and Leningrad region the “Varshavskiy and Partners” law firm was guided by the provisions of the Civil Code of the Russian Federation, stipulating the possibility of bringing a claim to recover for damages from the counterparty, in case of failure of the latter to accept the goods under the supply agreement. The supply agreement, concluded by the parties, contained the provision on advance payment by the buyer of the goods, subject to production and verification by the supplier. In the course of fulfilling obligations under the agreement, the buyer sent the supplier a letter notifying of the suspension of the ordered goods acceptance, and actually refused to accept the goods. The case itself and the documentation analysis took a long time to study, the volume of legal material was also significant. The statement of claim contained the position developed with regard to the provisions of the legislation to be applied in this case, as well as to the study of case law.

The Arbitration court of St. Petersburg and Leningrad region heard the arguments of both parties in the course of a preliminary hearing. The law firm presented the position thereof and arguments in support of the claim. During the preliminary hearing, the defendant referred to the previous judgement rendered by the Arbitration Court of St. Petersburg and Leningrad region, which had rejected the plaintiff’s claim on recovery for the amount of advance payment, denied the violation of the agreement, relied on the claims to the goods.

The court of first instance immediately proceeded with the main case, stating that the court’s position in the case was established, the evidence were disclosed (despite the fact that the defendant did not provide evidence in support of the arguments), the provision of new evidence was not required, and that the court was guided in this case by the principle of procedural economy. The judgement of the arbitration court rejected the claim of the company, which interests were represented by the “Varshavskiy and Partners” law firm, in full.

While disagreeing with the judgement, the lawyers of “Varshavskiy and Partners” filed an appeal, in considering which by the Thirteenth arbitration court of appeal, the legal position formed in the appeal was adopted by the court of appeal. The judgement of the court of first instance was revoked, reflecting the good and appropriate work carried out in the case, the correctness of the chosen legal strategy in order to satisfy the client’s claims, to protect their property interests, as well as the importance of defending the position and confirming its correctness not only in the court of first instance.

The “Varshavskiy and Partners” law firm has defended the client’s interests in full, developed and implemented the comprehensive legal defense, and consistently defended it in the courts of two instances. The defense of the client’s interests is the best indicator of the “Varshavskiy and Partners” law firm’s work, and we always adhere to it.