The law firm "Nadmitov, Ivanov and Partners" successfully defended the interests of the largest Russian operator of railway wagons, which is the defendant in a dispute over the collection of debt under a lease agreement for railway wagons that were lost in the territory of Ukraine.
The courts of first and appellate instances initially satisfied the plaintiff's claims in full and collected 400 million rubles from the defendant as rent for the use of the lost wagons.
However, the court of cassation overturned these judicial acts of the lower courts and sent the case for a new trial, accepting the arguments of our team.
We proved that the loss of control over the property in connection with the start of the SVO occurred for objective reasons not related to the actions or inaction of the lessee. Consequently, the risk of losing the leased wagons cannot be placed on the lessee. The court agreed with our position that in such cases the risk of the impossibility of using the property lies with the landlord. If the use of the property has become impossible due to circumstances beyond the control of the tenant, he is released from the obligation to pay rent.
The law firm "Nadmitov, Ivanov and Partners" successfully represents the interests of clients in commercial disputes in arbitration courts and commercial arbitrations.
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