KIAP lawyers successfully represented the client in ICAC arbitration and received arbitral award on recovery of contractual penalty in excess of 5 mln US dollars

23.03.2021
KIAP lawyers successfully represented the client in ICAC arbitration and received arbitral award on recovery of contractual penalty in excess of 5 mln US dollars
Фото: © Unsplash

Foreign supplier (client of KIAP) suffered damages due to the buyer's breach of its contractual obligation to purchase an obligatory minimum amount of goods. The underlying contract provided for contractual penalty in the amount of 50% of price of non-purchased goods; the amount of penalty exceeded 5 mln US dollars.

KIAP lawyers represented the client in arbitration in ICAC (Moscow) on recovery of the contractual penalty. Even though in such types of disputes the penalty amount is occasionally reduced by tribunals in accordance with the Russian law, in this case arbitral tribunal agreed with the arguments of KIAP and awarded the penalty in full. The arbitrators did not agree with the respondent’s submission that it was not liable for the non-purchase of the goods. The respondent’s request to reduce the penalty was also dismissed by arbitrators.

The interests of the Client in the arbitration proceedings were represented by Senior Associate Stepan Sultanov and Partner Anna Grishchenkova. Assistance was also provided by Head of practice Ilya Dedkovskiy, Associate Anton Kaminskiy, Junior Associate Diana Sattarova.


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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 Pravo.ru-300, 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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