News

Quorum Wins a Landmark Case

Chamber for Commercial Disputes of the Russian Supreme Court cancelled judicial acts previously issued by lower courts in Probusinessbank bankruptcy case and handed down the final judgement without ordering a retrial.

Quorum lawyers Adeliya Abdullina, Anastasia Zhidchenko, and Andrey Pavlov represented the bank filing a complaint with the Supreme Court. This controversial dispute sparked a significant interest of legal practitioners because it could have created a fundamental limitation of right to dispute a transaction by its party in case of subsequent assignment of its rights.

Probusinessbank’s license was revoked by the Russian Central Bank on August 12, 2015. As of that date, the bank’s liabilities to its depositors amounted approximately to RUB 25 bn with the total number of depositors estimated at 330 thsd.

Then, for the first time ever, a decision was reached to transfer liabilities to all depositors to another major bank and to pay for these liabilities using the bank’s assets. BINBANK won the tender and fully repaid all amounts owed to Probusinessbank’s depositors.

However, it turned out that BINBANK also received the rights of claim to Avilon AG, which claimed, one day prior to the revocation, that it had set off claims under its loan with Probusinessbank with rights of claim to the bank obtained in advance from other companies.

Consequently, a bankruptcy manager of the bank – the Deposit Insurance Agency – took a legal action to invalidate this unlawful set-off.

Commercial Arbitration Court of Moscow, the Ninth Commercial Arbitration Court of Appeal, and the Commercial Arbitration Court of Moscow District did not uphold the Probusinessbank’s opinion and refused to invalidate the set-off. Precisely, the courts of three judicial levels found that the DIA lost its right to dispute the transaction to which the bank was a party after the bankruptcy manager assigned the rights under Avilon AG’s loan.

The Supreme Court upheld the bankruptcy manager’s opinion and reversed this dangerous precedent created by the lower courts by restoring Avilon AG’s debt under the credit contract in the amount of RUB 89 mn.

For more information, see http://kad.arbitr.ru/PdfDocument/fb36a410-bbaf-475b-b6d7-57f575c889d2/A40-154909-2015_20170515_Reshenija_i_postanovlenija.pdf

Quorum’s Lawyers Took Part in All-Russian Judicial Debates in Kazan

All-Russian Judicial Debates – an annual student competition in the form of model case proceedings – came to an end in Kazan (Volga Region) Federal University.

Several dozens of student teams from law universities competing in the art of defending a party’s position based on the case theory previously prepared by the organizers took part in the debates. Students participating in these model case proceedings were supposed to represent both parties – plaintiff or respondent, prosecution or defence attorney.

Head of Quorum (Attorneys-at-Law) Andrey Pavlov participated in the debates as a judge in the civil-law section during several rounds. Since the case theory was made known to all parties and judges in advance, the teams were tasked to bring arguments in support of their position in a skillful manner.  This needs a special attention to details of the complex case theory and skills in preparation for court proceedings and judicial rhetoric.

Quorum lawyers have been traditionally taking part in the judicial debates, and some graduates from Kazan University have already joined the firm.

For more information about All-Russian Judicial Debates, see https://m.vk.com/debatikfu

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Andrey Pavlov Addressed the Eighth Perm Congress of Academic Lawyers

On its 100th anniversary, the Law Department of Perm State National Research University hosted the congress of academic lawyers dedicated to various pressing challenges facing modern jurisprudence.

Quorum’s Senior Partner Andrey Pavlov gave a presentation called Challenges of Using Electronic Documents as An Evidence in Civil and Commercial Arbitration Proceedings.

The congress is held every year with the participation of the Association of Russian Lawyers and judicial bodies of the Ural District and unites highly experienced jurists.

For more information, see: http://permcongress.com/materials