20 april 2016

The Ninth Arbitrazh Court of Appeals agreed with the position of Jus Aureum in rejecting the complaint against the ruling to abandon a suit

In December 2015, lawyers from Jus Aureum were successful in achieving the abandonment by the Arbitrazh Court of the city of Moscow of a statement of claim by UK Sodruzhestvo LLC in case No. А40-139187/2015  for the recovery of unjust enrichment from Giproplast Engineering JSC by proving that this case was identical to case No. А40-29304/2015, which had been considered earlier.

On 18 April 2016, the Ninth Arbitrazh Court of Appeals refused to grant the appellate complaint of UK Sodruzhestvo LLC against the ruling to abandon the statement of claim, thereby taking the position of the court of first instance.

In case No. А40-139187/2015, the courts were faced with the question of how far the legal qualification of a suit lodged by the claimant corresponds to the concept of the subject of the suit, and whether it was possible, by altering the legal qualification, to launch against one and the same respondent once again a suit with similar demands of a material legal nature.

In the court hearing held before the Ninth Arbitrazh Court of Appeals, the interests of Giproplast Engineering JSC were represented by the senior lawyer from the Disputes Resolution, Nikita Shcherbakov.