3 July 2014
Egorov Puginsky Afanasiev & Partners succeeds in defending OJSC Transammiak and OJSC Togliattiazot in the Presidium of the Supreme Arbitrazh Court of the Russian Federation

On July 1, 2014 the Egorov Puginsky Afanasiev & Partners team managed to reverse the Ruling of the Federal Arbitrazh Court of the Volga District dd. February 7, 2014 to force OJSC Transammiak into a contract to transport liquid ammonium with OJSC Minudobreniya. The dispute was remanded for a new trial, whilst the claims of OJSC Transammiak and OJSC Togliattiazot in relation to the supervisory review of judicial decisions previously taken in the case, were satisfied.

In the Ruling appealed from the Federal Arbitrazh Court of the Volga Region has upheld the Samara Region Court’s decision dd. September 5, 2013 satisfying the claim filed by Minudobreniya against Transammiak to force it into a contract as per the provisions drafted by Minudobreniya.   

The provisions stipulated by the contract as drafted by Minudobreniya were unacceptable for Transammiak, since the price provided by the new contract was lower than the existing one, while the volume to transport doubled. Under the new contract, Transammiak would have been obliged to transport Minudobreniya’s liquid ammonium to the detriment of the other counterparties, including Togliattiazot. However, the Samara Region Arbitrazh Court and the Federal Arbitrazh Court of the Volga District took Minudobreniya’s side and satisfied the claim filed against Transammiak.

The result achieved is of a strategic importance, since performance of the new contract to transport ammonium would have threatened the industrial safety and the transport independence of clients and would have prevented Transammiak from performing the contract obligations in relation to its other partners.

Partner Valery Eremenko and Senior Associate Maria Kobanenko represented the clients in the Presidium of the Supreme Arbitrazh Court of the Russian Federation.

Under this project, the clients’ interests have been represented by Egorov Puginsky Afanasiev & Partners team including Senior Associates Maria Kobanenko, Alina Kudriavtseva and Alexey Rodionov, Associates Olga Denchenkova and Denis Golubev, under the lead of Partners Valery Eremenko and Natalia Korosteleva.

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Denis
Golubev

Moscow

 

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