KIAP has successfully defended the largest office centre and warehouse complex in Moscow

14.02.2017

KIAP has successfully defended the largest office centre and warehouse complex in Moscow
Photo: TASS/ Artem Korotaev

On January 30th, 2017, the Ninth Arbitrazh Appeal court has dismissed the appeal plea of our opponent in a 184 mln rub dispute (60 mln rub claimed by the opponent, 64 mln rub demanded in a counterclaim). This case has lasted for more than 4.5 years and concerned recovery of damages that have been incurred after the fire spread in a rented warehouse in 2012.

The original claims of the opponent have been sustained. However, KIAP managed to get the case re-tried. The Cassation court has pointed out that the source of fire has not been properly investigated and that the opponent has not provided proper evidence of the amount of sustained damages.

After extensive use of expert reports (which were necessary to ascertain the cause of fire, as well as to properly estimate the damages) and examinations of expert witnesses – the leading specialists in fire safety, KIAP has successfully demonstrated that neither of the causes of fire suggested by the opponent corresponded to the facts of the case. The court, ruling for our client, has also agreed with KIAP that the documents provided by the opponent were defective and thus could not be used to demonstrate the amount of damages claimed by the opponent.  

The Client has been represented by Ilya Dedkovskiy, Senior associate, Attorney at law, as well as by Partners Anna Grishchenkova and Andrey Korelskiy.


Twitter Facebook Яндекс Livejournal

Litigation

Litigation is KIAP's core practice, recommended by Chambers Europe, Chambers Global, Legal 500 EMEA, as well as by Russian Pravo.Ru 300, Kommersant ranking  and Pravo-300 "Sympathy rating". Andrey Korelskiy, Anna Grishchenkova and Konstantin Astafiev are ranked top of the field. Andrey Korelskiy, the practice head, is an Associate at the Chartered Institute of Arbitrators (CIArb), in 2018 became Deputy Chairman of the Russian Arbitration Association (RAA) and was included into the unified recommended list of arbitrators and the corporate dispute panel of the Arbitration center at the RSPP. During 2016-2018 Partner Anna Grishchenkova was a regional representative of Russia in the IBA Litigation Committee, in 2018 was appointed a Co-Chair of the Young Litigation Lawyers Forum of IBA. Has the status of Member of The Chartered Institute of Arbitrators (CIArb) and is also a Regional Ambassador at HK45 - Hong Kong International Arbitration Centre’s committee (HKIAC). She is included into list of arbitrators in Austria (VIAC), Kuala Lumpur (KLRCA), Hong Kong (HKIAC), Russia (RAA), the Board Member of the Arbitration Center. Best Lawyers 2013 named Konstantin Astafiev the Litigator of the Year in Russia. Among the practice's clients are major Russian and international companies from various sectors of the economy.


Back to the list