Another construction dispute at ICC accomplished with a decision in favor of KIAP Principal

Another construction dispute at ICC accomplished with a decision in favor of KIAP Principal
Photo: © Tobias Zils, Unsplash

The International Court of Arbitration at the International Chamber of Commerce (ICC) ruled in favor of the Principal of KIAP, Attorneys at Law.

The dispute under the ICC rules with the place of arbitration in Stockholm was conducted in English and concerned the violation by the Principal’s subcontractor of the deadlines of the construction works and it’s nonconformity. The subject of the Principal's claims included compensation by the subcontractor of losses arisen on substitute transactions and in connection with the elimination of the committed defects of the construction, as well as the refund of an unearned advance payment in relation to the termination of the subcontract.

It is important to note that construction disputes in arbitration have their own specifics that should be taken into account. The main feature that the lawyers of the Firm regularly deal with is a substantial scope of evidence that needs to be well systemized and clearly presented, especially in disputes for recovering of losses.

As a result of this dispute the lawyers of KIAP team succeeded in meeting all the requirements of the Principal: both in terms of refunding the unearned advance payment and in terms of recovery of all losses incurred, including on substitute transactions and in connection with the elimination of defects. Besides the lawyers managed to get full compensation for all legal expenses of the Principal.

The Principal’s interests on the project were represented by Partner Anna Grishchenkova, Senior Associate Natalia Kisliakova, Head of Bankruptcy practice Ilya Dedkovskiy and Senior Associate Stepan Sultanov.

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International Commercial Arbitration

KIAP's International Commercial Arbitration practice represents clients’ interests in international commercial arbitration in Russia and abroad, as well as before Russian courts in matters involving recognition and enforcement of international commercial arbitration awards, provides consultations on arbitration agreements, its validity and enforceability, on facilitation of out-of-court settlements and on strategies for international commercial arbitration. The practice is recommended by the international rating Legal 500 EMEA, Russian rankings, Kommersant and Pravo-300 "Sympathy rating". The practice is led by Anna Grishchenkova, partner, LL.M., MCIArb. In 2020 Anna was appointed as Regional Representative of the Russian Federation in the IBA Litigation Committee for the second time, and during 2018-2020 she was a Co-Chair of the Young Litigation Lawyers Forum of IBA. In 2019 Anna was appointed Deputy Chairman of the ICC Russia Commission on Arbitration. Anna is also a Regional Ambassador at HK45 - Hong Kong International Arbitration Centre’s committee (HKIAC). Included into panel of arbitrators in Hong Kong (HKIAC) and into list of arbitrators in Austria (VIAC), Kuala Lumpur (AIAC), Korea (KCAB INTERNATIONAL) and Russia (the Board Member of the Russian Arbitration Center). Author of the book “Psychology and persuasion skills in dispute resolution”. Co-author and co-editor of the book "Arbitration in Asia"

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