Dispute Over Recovery of a Penalty for Late Performance of Work, Brought Before Commercial Court

08.07.2015
Upon the second trial of the case the Commercial (Arbitrazh) Court of Moscow ordered recovery of a 5,000,000 ruble penalty for late performance of work under contract in favor of AGP’s client. In the original trial the courts of the first and of the appellate instances cut down the claimed amount of penalty without any lawful grounds, however the Commercial (Arbitrazh) Court of the Moscow Area reversed awards of the appellate court and the case was remanded for a new trial. During the second trial the judge agreed with claimant’s (AGP client’s) arguments, while the circumstances on which the respondent’s counterarguments were based were recognized unproved by the court.

The client was represented by AGP Attorney-at-Law Kristina Timoshenko.