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Nienschanz Group wins a significant lawsuit with support of Kachkin & Partners experts.
Kachkin & Partners acted on behalf of Nienschanz LLC in several court disputes concerning design, construction and erection works contracts and related supply contracts. In some disputes the Сlient appeared for the defense as the Supplier or Contractor as well as made claims being the employer under a contract. All claims were money related.
Initially, the prospects of the lawsuit looked unfavorable since the evidentiary base in the form of contractual documents executed by the Parties was contradictory and reflected the intricacy of the parties’ relationships. The Employer`s party looked to avoid payment for works executed by the Client and claim back the disbursed money through resorting to the Arbitrazh Court .
The dispute`s complexity was in the proper performance of obligations under the contract, but incorrect formalization of their assumption by the contracting party. Works and goods were accepted by the unauthorized persons. However, the contracts contained faults which could indicate of the contracts not having been concluded. The prospects for dealing with disputes were also complicated by the presence of the negative for Nienschanz, LLC decisions of the first instance court for certain cases.
In the course of the litigation the firm`s lawyers analyzed and summarized all the available evidence in the cases, provided for introducing of additional evidence, developed and implemented strong defense strategy for the case, which resulted in refusal to satisfy all of the claims against the Client. Moreover, the lawyers for the suits which were commenced on behalf of a Client formulated strong standpoints and collected the proper evidentiary foundation which led to satisfaction of the Client’s claims. The funds in the amount of 35 million rubles were recovered in favor of the Client, and the claims to the Client in the amount more than 18 million rubles were dismissed (October 2011, decision of the Federal North-West Region Arbitrazh Court).
Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург
Адвокат
Управляющий партнер
Руководитель практики по инфраструктуре и ГЧП
Заведующий базовой кафедрой юридического факультета НИУ ВШЭ — Санкт-Петербург