Contractual disputes

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Contractual disputes include conflicts during the conclusion, execution or termination of a contract, as well as the collection of debts and damages. KDpartners specialists are ready to help you at any stage of a dispute in Russia or abroad.

Breach of contract or refusal to perform

Failure to comply with or unilateral termination of a contract can lead to legal consequences, including claims for damages and penalties. Learn when a party may legally withdraw from an agreement and when such actions could result in litigation.

Jurisdiction Russia

Representation in the FAS Russia on the issue of inclusion in the RNP

Inclusion in the Register of Unfair Suppliers (RNP) under Russian procurement laws can bar a company from tenders for two years. Learn how to challenge FAS Russia’s decision with legal arguments, evidence, and strategic appeals to protect your business interests.

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Services for dispute resolution under foreign trade agreements

A breach of a foreign trade contract may result in financial losses and legal risks. The experts at KDpartners assist in resolving disputes with foreign counterparties, securing compensation, and protecting clients’ interests in international arbitration proceedings.

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FAQ

Is it possible to file a claim at the place where the contract is performed?

In Russian state courts, as a rule, in order to apply alternative jurisdiction, the place of performance must be expressly indicated in the contract. Otherwise, general territorial jurisdiction is applied - at the location of the defendant.

However, the situation is less clear-cut in cases where your opponent is a foreign company or the dispute as a whole has a foreign element. More precisely, it can be said based on the specific circumstances of the case.

How to prove the existence of a contract if it was not signed?

If there was business correspondence between the parties, invoices and acts were sent, payments were made, the court may recognize that the contract was concluded. Here it is important to provide evidence of correspondence and execution.

Is it possible to force a counterparty to sign a contract?

Yes, in some cases. For example, if all essential terms have been agreed upon, and failure to sign violates the applicant's rights. This possibility is provided for by Article 173 of the Arbitration Procedure Code of the Russian Federation and is confirmed by judicial practice.

Is it necessary to send a claim before filing a lawsuit?

Depends on the terms of the contract and the category of the dispute. If the contract or law establishes a mandatory claim procedure, failure to comply will result in the claim being returned without consideration. Although this happens extremely rarely.

Is it possible to partially invalidate a contract?

Yes. If individual terms of a contract violate the law or the principle of good faith, a court may declare them invalid while maintaining the validity of the rest of the contract.

What condition must be specified in order to refer a dispute to an arbitration institution?

The agreement must explicitly state that all disputes are subject to resolution in a specific arbitration institution (e.g., the International Commercial Arbitration Court, the Russian Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs, etc.). The wording must include the name of the institution, the procedure for forming the panel of arbitrators, the language, the place and the applicable law. Without a reservation, the case may be transferred to a state court.

What to do if the counterparty under the contract for the carriage of goods by sea has not delivered the goods?

The fact of non-delivery should be recorded - a report should be drawn up, evidence should be requested from the carrier and the counterparty, and an inspection should be carried out if necessary. Then a claim and a lawsuit should be prepared to recover damages or the cost of the non-delivered goods.

What to do in case of non-payment for work under the design contract by the Customer?

First of all, it is necessary to record the fact of work completion and sending of acceptance certificates. In the absence of signed certificates, collect alternative evidence (correspondence, technical documentation, expert opinions). After that, you can send a claim and a lawsuit for recovery of debt and interest.

How to challenge a refusal to pay under a government contract?

In case of violation of the terms of execution of a state or municipal contract, it is necessary to file a claim with the customer. If the dispute is not resolved, it is permissible to appeal to the arbitration court. The provisions of Law No. 44-FZ or No. 223-FZ may also be applied depending on the type of customer.

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