The Firm’s Maritime Shipping/Transport Law team defended the Client’s interests in a dispute with insurance company MAKC regarding the payment of insurance compensation in the amount of RUR 23.5 million in connection with the loss of a ship. On 15 May 2012, the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation determined that the compensation should be recovered in full, along with interest for the inappropriate use of others’ funds in the amount of RUR 1.9 million.
While the case was being reviewed in international commercial arbitration, the Firm was also able to defend the interests of Dalmorgeologiya at the Primorskiy Territory Arbitrazh Court, the Fifth Arbitrazh Appellate Court, and the Federal Antimonopoly Service of the Far Eastern Federal District in the adjudication of a claim by MAKC to recognize an insurance contract and an arbitration agreement as invalid due to having been concluded in the name of the insurer by an unauthorized party.
The Firm also obtained positive results for the client in cases concerning the issuance of an enforcement order for the mandatory execution of a decision by the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation, as well as MAKC’s appeal of this decision; these cases were examined by the City of Moscow Arbitrazh Court and the Federal Antimonopoly Service of the Moscow Region.
On 8 February 2013, the City of Moscow Arbitrazh Court issued an enforcement order, which was executed in full.
The client’s interests were represented by Egorov Puginsky Afanasiev & Partners Counsel Vsevolod Baibak and Associate Irina Veshnyakova.