Top-5 Court Decisions of 2023

25 декабря 2023

The website has published a review of the Russian Supreme Court’s decisions that are likely to influence the formation of arbitration practice and, consequently, the further development of the financial leasing market in Russia. The review was prepared by Stanislav Kovynev, an advisor and head of the leasing practice at the law firm “Nadmitov, Ivanov and Partners”.

The review consists of five sections:

  1. The insignificant size of the lessor’s claims/the insignificant period of delay as grounds for refusal of early termination of the leasing contract.

  2. Contract terms that are unfair and imposed on the lessee by the stronger party - the lessor, may be deemed by the court as inapplicable.

  3. The invalidation of the term regarding the lessee’s payment of compensation upon early termination of the contract when the amount of such payment equals the remaining sum of leasing payments.

  4. Including in the balance of mutual obligations the charge for the use of property after the termination of the contract and until its return to the lessor is unjustified.

  5. A reasonable term for the disposal of the leasing subject is six months.

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