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Commercial court - the legal solution of your business problems!

When pre-trial dispute resolution is impossible, litigation comes into play. Do you need professional assistance in commercial courts? Law & Wise experts are ready to offer immediate legal assistance! 

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What do Law & Wise legal experts do to resolve successfully a commercial dispute?

Law & Wise team of highly qualified lawyers will take all possible measures to successfully resolve a lawsuit (regardless of the court) and to achieve a positive outcome. For this:

  • We will hold a discussion with the client. Thanks to face-to-face interaction, lawyers will be able to figure out the nuances of your case, as well as determine the prospects for the dispute positive court outcome in favor of the client.
  • We will study the official documents and draw up a strategy for resolving the dispute. This stage is very important, as it allows the experts to immerse themselves in a particular case and to develop several options for protecting the client’s interests in court.
  • We will make pre-trial preparations, mandatory by virtue of law, Section 5, Art. 4 of APC RF. Do you have problems with your documents? Law & Wise lawyers will take the necessary steps to prepare the documents during pre-trial work, taking into account the court dispute specifics.
  • We will represent the client’s legitimate interests in court. The experts personally supervise the trial process, representing the client at all stages of the court proceedings.
  • We will appeal the decision of the court. If the court decision is not in favor of the client, then our experts will challenge it in a higher court, and protect the interests of the client, if the defendant files the appeal.
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Is it possible to avoid a commercial dispute?

Law & Wise experienced lawyers are ready to assist you professionally at the stage of pre-trial dispute resolution.

For this, we will:

Make an official claim to the defendant requiring fulfilling the violated terms of the contract.

Hand over the claim to the defendant or send the document to the addressee by registered mail.

Consider counterclaims from the counterparty, if our client receives them.

Help conclude a settlement agreement on terms that will satisfy both parties to the dispute.

Complete the pre-trial settlement of the dispute after the counterparty fulfills its obligations.

 

Law & Wise experts will help you draw up and execute legally correct contracts and agreements with your partners, contractors and government agencies thus reducing the risk of litigation.

Judical practices and cases

Recovery of a debt in the amount of 31,650 Euros and interest for the use of borrowed funds in the amount of 289.53 Euros under the contract of goods transportation.

According to the claim of the legal bureau lawyers, the unscrupulous customer (shipper) paid the debt under the contract of goods transportation, as well as interest on the use of borrowed funds. The application of the Convention on the Contract for the International Carriage of Goods by Road to the subject of the dispute allowed convincing the court that there was no omission of the limitation period by the carrier.

18 September 2017

Recovery of a debt in the amount of 8,803,270.48 rubles and a penalty in the amount of 244,437.48 rubles under the state contract for the provision of services for the cemetery territories maintenance.

Through legal action, the legal bureau lawyers won recognition of the illegal actions of the municipal district administration; the fixed debt as well as a penalty was recovered from the latter. The reason for going to court was the unilateral refusal of the municipal district administration to fulfill its obligations under the municipal services contract for the maintenance of the cemeteries.

31 October 2017

Recovery of a debt in the amount of 945,000 rubles and interest for the use of borrowed funds in the amount of 66,910.37 rubles under a loan agreement.

Lawyers from the legal bureau in court recovered a debt from the unscrupulous borrower under a loan agreement, and convinced the court to apply sanctions in the form of collecting interest for using other people's money.

6 February 2018

Recovery of damages in the amount of 356,953 rubles and interest on the use of other people's funds in the amount of 65,237.04 rubles under the service agreement for processing electronic statements.

Lawyers from the legal bureau in court won the compensation for all losses incurred by the Customer under the service agreement (processing of electronic statements). The reason for going to court was the Contractor’s evasion of the obligation to return the funds previously transferred to him by the Customer.

22 November 2017

Recovery of a debt in the amount of 353,558 Euros and penalties in the amount of 14,672 Euros under the supply agreement.

Lawyers from the legal bureau in court recovered a debt, as well as a penalty from the unscrupulous supplier under the supply agreement.

20 June 2016

Recovery of a debt in the amount of 207 949.84 rubles and interest for the use of borrowed funds in the amount of 8,431 rubles under the contract for the premises repair.

At the suit of the legal bureau lawyers the commercial court recovered the costs of additional types of work not considered in the initial estimate, but agreed upon by the parties under the contracts for the repair of the premises, from the unscrupulous customer to the contractor.

31 July 2017

Recovery of unjust enrichment in the amount of 683,550 rubles, as well interest for the use of borrowed funds in the amount of 143,283.38 rubles under the contract for the supply of pharmaceutical products.

Lawyers of the legal bureau in court recovered unjust enrichment as well as interest for using other people's funds under the contract for the supply of pharmaceutical products from the unscrupulous supplier to the buyer.

26 December 2017

The cassation instance agreed with the conclusions of the courts of first and appeal instances on a satisfied claim by the lawyers of the legal bureau on debt collection in the amount of 498,300 rubles and interest in the amount of 38,569.22 rubles under the commission agreement.

27 April 2017

Recovery of a debt in the amount of 2,839,815.60 rubles and a penalty in the amount of 283,981.56 rubles under a construction contract.

At the suit of the legal bureau lawyers, the unscrupulous general contractor paid money, including a penalty under a construction contract.

14 April 2016

Recovery of adebts in the amount of 1 312.53 Euros and penalties in the amount of 1 312 Euros 53 cents under the contract of transport expedition.

At the stage of the pre-trial settlement of the dispute, the legal bureau lawyers  managed to get the unscrupulous debtor to pay the amount of the debt under the transport expedition agreement. In a judicial proceeding, the lawyers from the bureau collected the amount of penalties for violation of the deadline for the payment of transportation services rendered, and convinced the court of the need to recover fines in full without any reduction under art. 333 of the Civil Code.

30 May 2018

Recovery of a debt in the amount of 137 192 rubles 70 kopecks and interest for using other people's money in the amount of 1 504 rubles 42 kopecks under the supply agreement.

Lawyers from the legal bureau recovered in court the fixed debt in the amount of 137 192 rubles 70 kopecks and interest for the use of other people's money resulting from the supplier’s failure to fulfill contractual obligations.

13 June 2018

QUESTION-ANSWER

In which court should one submit a claim to recover money from legal entities?

See the answer

As a rule, the claim must be sent to the local court at the location (legal address) of the defendant. Besides,  if the contract provides for the resolution of disputes in a particular court, then the dispute must be heard in that court. Real estate disputes are to be heard at the location of the disputed property.

Is it possible to compensate the costs of lawyers?

See the answer

Yes, you can. Guided by art.106 of the APC RF, the costs associated with legal proceedings (costs for experts, lawyers, translators, etc.), as well as sums of money related to the fare to the meeting place, are subject to collection.

In this case, according to Art.110 of APC RF court costs incurred by persons involved in the case, who won the court award, shall be recovered by the commercial court. If the claim is partially satisfied, the court costs are borne by the persons involved in the case, in proportion to the amount of the claims satisfied.

What is the time limit to appeal the decision of the commercial court?

See the answer

According to Art.259 of the APC RF the term for filing an appeal is one month. The deadline must be calculated from the time the decision was made in full. You can learn about the decision on the website https://kad.arbitr.ru/ by specifying in the search card the case number or the person involved in the case.

How many times can you appeal a court decision?

See the answer

After receiving the court decision, each of the parties has the right to file an appeal against the decision of the court of first instance. For example, it is possible to appeal against the decision of the Moscow Court of Arbitrazh to the Ninth Arbitrazh Court of Appeal (appeal instance). Cassation appeal against the appeal decision can be submitted to the Arbitrazh Court of the Moscow District (cassation instance) and a cassation appeal to the Supreme Court of the Russian Federation (the so-called “second cassation”). The decision of the Supreme Court of the Russian Federation on the ruling of the “second cassation” can be appealed to the Presidium of the Supreme Court of the Russian Federation by filing a supervisory appeal (supervisory authority).

What is a simplified court procedure?

See the answer

Distinctive features of the simplified procedure is the case hearing without summoning the parties and in a shorter time period (2 months).

The categories of cases investigated in the simplified procedure are listed in article 227 of the APC RF. Most of the cases in a simplified procedure consider claims for recovery of funds if the price of the claim does not exceed 500 thousand rubles for legal entities and 250 thousand rubles for individual entrepreneurs.

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Law & Wise – highly qualified help
for your business in the commercial court!

One of the conditions for the successful dispute resolution is a competent trial lawyer.

Law & Wise experts are highly specialized lawyers who are ready to prove their worth in practice.

COOPERATING WITH LAW & WISE LEGAL BUREAU, YOU CAN:

Resolve conflicts and disputes related to the conclusion, execution or termination of contracts

Resolve controversial situations related to state and municipal legal, regulatory and local acts

Carry out bankruptcy proceedings of your insolvent business and reduce the financial costs of repaying the creditor’s debt, penalties and fines

A legal dispute is a lengthy, step-by-step process that requires the assistance of a qualified professional.

We strive for best results to exceed your expectations!

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Our experts

Ilya Kirillov
Executive Partner
Denis Dubovik
Executive Partner
Ivan Kolsanov
Associate Partner, Insolvency Officer
Georgy Simonyan
Associate Partner, IMEX Expert, PhD in Law
Damir Nigmatulin
Senior Lawyer
Zhuravleva Olga
Senior Lawyer
Tokarskaya Daria
Assistant Manager
Aliev Elman
Lawyer
Law & Wise legal services in Moscow +7 (495) 7-222-800 info@lwise.pro 2 Entuziastov Boulevard,
BC Golden Gate, 24th floor
Mo-Fr from 10 a.m. to 7 p.m.