The lawyers at NAVICUS.LAW have won an appellate ruling for its client, a foreign shipping company.
Despite the defendant’s ongoing efforts to have the dispute litigated in Norway, they managed to persuade the Russian court that the foreign company’s claims should be heard in Russia.
NAVICUS.LAW Senior Associate Efim Iozef, responsible for preparing the appeal, told Pravo.ru which arguments proved decisive in securing a favourable ruling for the client.
“Initially, we developed a step-by-step reasoning, relying on Article 248.1 of the Russian Commercial Procedure Code, in favour of applying a symmetrical approach to evidential assessment. Where a Russian defendant denies that it faces obstacles in accessing justice abroad, it shall present the court with evidence every bit as persuasive as would be required of a foreign defendant arguing that the Russian party faced no such obstacles.”
“The defendant failed to produce any argument of real weight. The defendant’s readiness to engage external counsel to handle the dispute, together with its stated willingness to litigate in Norway, were exceptionally weak arguments, ones that had already been treated unfavourably in the case law, albeit in disputes between Russian parties.”
For further details of the case, see Pravo.ru’s article at the link below — https://pravo.ru/news/264597/.
