Nadmitov, Ivanov & Partners law firm successfully represented an energy company as a defendant in a lawsuit brought by a railway freight carrier before the Arbitration Court of Krasnoyarsk Territory to recover damages of RUB 420 million related to the failure to provide cargo for transportation in the volume expected by the plaintiff. In support of the claim, the cargo carrier stated that it had set a tariff for its business based on the anticipated volume of cargo traffic and that providing cargo for transportation in a smaller volume would make the plaintiff's business unprofitable. As a result of consideration of the case, the court dismissed the claims, accepting our arguments that the defendant had acted in full compliance with the terms of the contract, and the disagreement with the established cargo carrier tariff has its own appeal procedure, while the legislation in the field of tariff regulation provides a mechanism for accounting shortfall in income (losses), the adjustment of the tariff.
The Nadmitov, Ivanov & Partners law firm regularly represents clients on issues relating to electricity, heat and water supply and tariff regulation.
