19 November 2020
Egorov Puginsky Afanasiev & Partners protects ZMK 1520 in a landmark dispute over replacement supply of Railway Cars

Litigation attorneys at Egorov Puginsky Afanasiev & Partners succeeded in advocating for ZMK 1520 interests in a landmark dispute with New Forwarding Company.

In 2017, ZMK 1520 and New Forwarding Company entered into an agreement for the supply of over 200 used railway wagons, yet the carrier failed to perform its obligations, wherefore ZMK 1520 had to purchase similar cars from another supplier at a price that was several times higher than their initial cost. As a result, ZMK 1520 brought a claim seeking to recover the losses resulting from the overpayment for the railway wagons.

Attorneys of Egorov Puginsky Afanasiev & Partners represented the client at all stages of the proceedings and before the Russian Supreme Court, where they proved that in the face of a limited supply, new and used cars shall be comparable products under Article 393.1 of the Russian Civil Code.

This dispute is important for the formation of judicial practice on the application of the rules for the recovery of losses in replacement transactions, when the buyer is unable to purchase a product that is completely identical to the one, specified in the original contract.

The dispute resulted in a settlement agreement with New Forwarding Company.

The team working on the matter was supervised by Partner Denis Arkhipov and included Litigation Counsel Oleg Bouiko and Litigation Associate Rustam Nurtdinov.

PRACTICE AREAS

KEY CONTACTS

Denis Arkhipov

Denis Arkhipov

Limassol, Moscow

Oleg Bouiko

Oleg Bouiko

Moscow