Court decision of recovering 32+ mln dollars worth of reinsurance payout in connection with 2012 crash of Sukhoi Superjet in Indonesia entered into force

13.07.2015
Court decision of recovering 32+ mln dollars worth of reinsurance payout in connection with 2012 crash of Sukhoi Superjet in Indonesia entered into force
Belovodchenko Anton / Shutterstock.com

9 July 2015 8th Arbitrazh Court of Appeal upheld a decision of the Arbitrazh Court of Khanty-Mansi Autonomous Okrug – Yugra, which fully granted the claim lodged by KIAP's Client, the Capital Insurance Russian insurance company, for the recovery of reinsurance proceeds for the loss of aircraft.  

The dispute arose in connection with the refusal by thirty foreign reinsurers, some of them members of Lloyd's, to pay out a reinsurance claim from the Russian insurance company Capital Insurance for the loss of the aircraft, the total amount of which originally was over 32 mln US dollars. Some time into the litigation, however, a number of reinsurers paid up as required under their contracts, and the amount of the claim was nearly halved by the plaintiff.  

Apart from issues of law, the trial was dragged out by complicated notification to the multitude of defendants in the case domiciled in various foreign jurisdictions (Great Britain, India, Nepal, Bermuda etc.), rejection of the jurisdiction of the Russian court by counsel for the defendants, as well as by the complexity of applicable law issues. 
 
Capital Insurance's case was argued by the Firm's partners Konstantin Astafiev and Ilya Ischuk, assisted by associate Georgy Karaoglanov.  



Litigation

Litigation is KIAP's core practice. The practice is represented in Band 1 of Chambers Europe international rating for a third successive year. According to results of Best Lawyers 2020 KIAP was recognized as the law firm of the year in the field of litigation. Litigation practice is recommended by all international directories: Chambers Europe, Chambers Global, Legal 500 EMEA, as well as by Russian Pravo 300, Pravo-300’s "Sympathy rating" and Kommersant. Andrey Korelskiy and Anna Grishchenkova are ranked top of the field. Andrey Korelskiy, the practice head, 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. In 2020 Anna Grishchenkova was appointed as Regional Representative of the Russian Federation in the IBA Litigation Committee for the second time, in 2019 she 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). She is 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). Among the practice's clients are major Russian and international companies from various sectors of the economy.


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