Our partners Maxim Kulkov and Oleg Kolotilov, together with lawyer Sergey Lysov, reduced the claims of the lessee under lease agreements by a factor of more than 100

We represented one of the firm’s key clients, Caterpillar Financial LLC, in case No. A40-83841/2013 against Marketing Solutions LLC.

After its termination, the parties to a lease agreement entered into an agreement regarding the full settlement of the debt and the absence of mutual claims.  Subsequently, the lessee filed a claim against the lessor for the recovery of unjust enrichment using the justification that the agreement did not cover this issue.  The total amount of claims exceeded 5 million US dollars.

The dispute was referred to KK&P at the cassation instance, the courts of previous instances having ruled against the client.  According to the results of the proceedings, the Arbitration Court of the Moscow District sent the case back for retrial in the Moscow Arbitration Court.

Under this retrial, we have been able to prove that the parties are not entitled to deviate from the previously reached agreement on the price of the object and the procedure for establishing settlement payments.  In particular, we confirmed that the procedure for calculating the balance of mutual obligations described in Resolution of the Plenum of the Supreme Arbitration Court No. 17 on March 14, 2013 ‘On Certain Issues Relating to the Lease Contract of Redemption’ is not mandatory and that the parties may agree to establish other consequences of termination.

On June 20, 2016 the court agreed with our arguments and rejected the claim for all intents and purposes.