Caspian Hydrotechnical Company OOO

Core of the Case

The plaintiff applied to the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation with claims for the recovery of debt under freight contracts (time charter) and penalties. The applicable law is English. The firm acted on the defendant’s side. Our client was involved in a corporate conflict between shipowners, which resulted in a number of lawsuits in the state and non-state arbitration. Arbitrators of the Arbitration Court – A.I. Muranov and A.G. Arkhipova (total 3 cases: Nos. 13, 14 and 15).

Scope of Services

The firm provided full support for the proceedings in the MAC at the Chamber of Commerce and Industry of the Russian Federation, selection of arbitrators, preparation of legal positions, consultations and obtaining opinions from English lawyers, participation in meetings, etc.

Achievements, Results, Importance, Significance of the Project

1. In cases Nos. 14 and 15: we managed to convince the arbitrators that the plaintiff’s unfair actions in filing similar claims with the state arbitration courts testify to the termination of the arbitration agreement of the parties. The detailed evidence was presented, the legal justification of the applicable substantive and procedural law. On this basis, the arbitration issued a ruling on the lack of competence, which is extremely important for the client in order to jointly consider all cases in the state arbitration. The court resolution was drawn up on 100 pages.

2. In case No. 13: Although the dispute was to be considered under English law, we managed to substantiate at the meeting that the arbitration should apply Article 333 of the Civil Code of the Russian Federation to the issue of reducing the penalty through paragraph 3 of Art. 1191 of the Civil Code of the Russian Federation. This has resulted in a significant reduction in penalty. The court decision was drawn up on 118 pages. Cases were won in arbitration.