With the participation of the lawyers of AK ARGUS, the decision of the arbitration court (ICAC at the Chamber of Commerce and Industry of the Russian Federation) on the recovery of a debt in the amount of more than three hundred and fifty million rubles was canceled. Two hearings were held in the Supreme Court of the Russian Federation, as a result of which the lawyers’ complaints were recognized as justified, the case was sent for a new trial.
The basis for the annulment of judicial acts was the proof that, due to disputable circumstances, there was already a decision of international commercial arbitration. The lawyers managed to prove that the enforcement of this decision would violate such principles of public policy of the Russian Federation as the principle of the legal force of a judicial act, in terms of its finality and irrefutability (res judicata), the principle of legal certainty.
During the new consideration of the case, the decision of the ICAC was canceled as being contrary to the public policy of the Russian Federation, and the issuance of a writ of execution was refused.
Consideration of the case on the dispute on the annulment of the decision of the arbitration court (ICAC at the Chamber of Commerce and Industry of the Russian Federation) aroused considerable interest among both lawyers and legal publications. In particular, publications on the course of consideration of this case, including those with ambiguous comments, appeared in the following publications: Pravo.ru, Zakon.ru, Gazeta.ru, Practical Law Arbitration, Arbitration.ru Magazine.
Lawyers of AK ARGUS for participation in this case were awarded with Honorary Diplomas of the Chamber of Lawyers of St. Petersburg.