Alrud has successfully represented Skolstroj Turnov in a EUR 43 million supply contract dispute in the Russian Arbitrazh Court.
According to Alrud, “Russian company ООО OMSK-Steklotara, a buyer under the contract, filed a claim for recovering the advanced payment under the contract from Sklostroj Turnov CZ, s.r.o. It alleged non-performance of the contract and invalidity of the arbitration clause in the contract. Although our client did not acknowledge the merits of the claim: the main protection strategy was to terminate the proceedings, without consideration of the merits due to the arbitration clause in the contract.”
According to the firm, it succeeded in persuading the courts of three instances to “leave the claim against the client, without consideration, due to an arbitration clause in the contract providing for [the] settlement of disputes, under the contract in the Vienna International Arbitral Centre. The key feature of the case was that, due to the defects in the arbitration clause, [Alrud] initiated the process of rectifying these in accordance with the European Convention on International Commercial Arbitration of 1961. Our team achieved rectification of defects in the arbitration clause, by obtaining clarifications from the Austrian and Czech Chambers of Commerce, as well as from Vienna International Arbitral Centre.”
Alrud’s team included Senior Partner Vassily Rudomino, Partners Maria Ostashenko and Magomed Gasanov, and Senior Associates Boris Ostroukhov and Ksenia Erokhina.
