29/10/2018

The lawyers of the bureau have successfully completed the case on the recognition and enforcement of a foreign court decision in Russia

The case involves the collection of the debt from the borrower in favor of a foreign bank in the amount of nearly 2,300,000 USD.

Lawyers of Pavlova & Partners Law Firm have successfully completed the case in the Arbitration Court of Moscow on the recognition and enforcement in Russia of the decision of a foreign court on the collection of the debt from the borrower in favor of a foreign bank under the agreement on the provision of a credit facility in the amount of nearly 2.300.000 USD.

During the implementation of this project, the lawyers of the bureau cooperated with foreign lawyers on the collection of evidence of proper notification of the defendant about foreign proceedings for the subsequent smooth recognition of the foreign court's decision in Russia.

During considering the dispute both abroad and in Russia, to complicate the attachment on his assets, the debtor has repeatedly changed his legal address, refused to receive subpoenas and has failed to appear in court. The lawyers of the Bureau managed to convince the Russian court that the party against which the decision was made, was timely and properly informed about the time and place of the case consideration or had the opportunity to present their explanations to the court, but failed to use it deliberately. In connection with the recognition of the decision, its enforcement is now possible at the expense of the real estate owned by the debtor and located in Russia.

In addition to the above mentioned case, the Bureau advised the Bank on the adoption by the Russian court of interim measures in support of foreign proceedings and state registration of the pledge (mortgage) by virtue of the law on real estate, acquired by the debtor at the expense of the Bank's credit facilities.

The project was managed by the partner Konstantin Savin, lawyers Nadezhda Popova and Ksenia Medvedenko.

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Ирина Кошечкина

Юрист