Federal Grid Company of the Unified Energy System applied to the court for inclusion of its claim in the company's list of creditors. The ruling of the Moscow City Arbitration Court dated July 23, 2021, granted the application in part, adding the Company's claim in the amount of 100,000,000 rubles (forfeit) to the Company's creditor claims register. The 9th Arbitration Court of Appeal's ruling of 12 October 2021 upheld the first-instance court's ruling. The Arbitration Court of the Moscow District by a ruling dated 28.12.2021 upheld the trial court's ruling and the appeal court's ruling. In a cassation appeal filed with the Supreme Court of the Russian Federation, the Company requests that the said judicial acts be reversed and that the separate dispute be remitted for a new examination to the court of first instance.

Gladysheva Elena, Managing Partner of RI-Consulting in an article for Kommersant on how this decision affects the practice. What arguments do you think are important for practice?

Do disputes often arise in principle over the calculation of penalties from the contract amount or a part of the work not performed? And how are they usually resolved?

Kommersant publication