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Incor Alliance Law Office team won a case in the Supreme Court of the Russian Federation
Incor Alliance Law Office team won a case in the Supreme Court of the Russian Federation

22 December 2016 a trial hearing took place in the Chamber on Economic Disputes of the Supreme Court of the Russian Federation concerning cassation appeals of "Torgovyy dom" NKMZ " LLC, “Kommercheskiy bank "Kol'tso Urala " LLC, "UGMK-holding" LLC and "Bashkirskaya med" LLC against the decision of the Arbitration Court of the Altai Territory, the ruling of the Seventh Arbitration Appellate Court and the Arbitration Court of the West Siberian District.

22 December 2016 a trial hearing took place in Chamber on Economic Disputes of the Supreme Court of Russian Federation concerning cassation appeals of "Torgovyy dom" NKMZ " LLC, “Kommercheskiy bank "Kol'tso Urala " LLC, "UGMK-holding" LLC and "Bashkirskaya med' " LLC against the decision of the Arbitration Court of the Altai Territory, the ruling of the Seventh Arbitration Appellate Court and the Arbitration Court of the West Siberian District in the case No. А03-8209/2015 on the insolvency of “FORES-Chimiya” LLC. Incor Alliance lawyers Denis Zaichenko, Igor Tkachev and Stanislav Golunov represented the interests of the Applicant "Torgovyy dom" NKMZ " LLC.

Lawyers of Incor Alliance Law Office were able to convince a panel of the court that the contested acts do violate the uniformity of the case law and that the violations of substantive and procedural law committed by lower courts are fundamental. As a result, the Chamber on Economic Disputes of the Supreme Court of the Russian Federation supported the position of Incor Alliance Law Office, fulfilled all demands and decided to cancel all the contested judicial acts, thus finalizing the hard work completed by our lawyers to uphold the interests of the Client.

In the appealed acts courts refused to include in the creditors’ register of "FORES Chimiya" LLC the claim of "Torgovyy dom" NKMZ" LLC in excess of 250 million rubles. Lawyers of Incor Alliance Law Office prepared the appeals against the afore-mentioned rulings to the Supreme Court of the Russian Federation. As a result of the proceedings the judge of the Supreme Court Samuylov S.V. considered that the arguments set out in the cassation complaints merit serious attention and referred the case to the Chamber on Economic Disputes. During the nearly two-hour court hearing lawyers of Incor Alliance Law Office succeeded in convincing a panel of the court that the contested acts do violate the uniformity of the case law and that the violations of substantive and procedural law committed by lower courts are fundamental. As a result, the Chamber on Economic Disputes of the Supreme Court of the Russian Federation supported the legal position of Incor Alliance Law Office, fulfilled all demands and decided to set aside all the contested judicial acts, thus finalizing the hard work completed by our lawyers to uphold the interests of the Client.

The victory of the lawyers of Incor Alliance Law Office allowed not only to gain invaluable experience and to protect the interests of our Client, but also can have a positive influence on the development of jurisprudence on holding grantors liable in insolvency proceedings in the Russian Federation. The victory of our team is vitally important as it is rarely achievable to overturn the judicial acts at this stage of proceedings which is clearly illustrated by the statistics below.

So, in 2015 the Chamber on Economic Disputes of the Supreme Court of the Russian Federation considered 21,955 cassation appeals and petitions on reexamination of decisions of arbitration courts of the Russian Federation on economic disputes. Courts issued 495 decisions on transfer of a cassation appeal for consideration by court. The Chamber on Economic Disputes reviewed 501 cases on complaints on judicial acts adopted by arbitration courts of the Russian Federation. According to statistics, The Chamber for Commercial Disputes dismissed the complaint on 32 cases and satisfied the complaint on 469 cases with the reversal of judgments, which is only 2% of filed appeals.