News - Infralex

14.12.2016

Value given clause stayed put

Infralex head of real estate practice Sergey Shumilov spoke yesterday at the conference“The Top-10 of Civil (Commercial) Cases” hosted by the newspaper “The Moscow Times”. A prominent dispute “Vimpelcom v. Tizpribor” concerning the office rental payments in respect of the growth of the dollar has got into the top ten of the outgoing year cases. Sergey Shumilov represented Tizpribor’s (an owner) interests in this litigation. In August the process completed with an amicable agreement of the parties. Yesterday Sergey Shumilov noted that in 2015-2016 this notable dispute wasn’t the only one related to the sharp growth of the dollar. The Russian courts dismissed every claim to apply the Article 451 of the Russian Civil Code and modify the terms of contracts. So the courts have confirmed their acceptance of the practice formed during the crises of 1998 and 2008.

12.12.2016

Moscow ownership interest is out of the bankruptcy estate

Infralex head of real estate practice Sergey Shumilov has commented to the website “Pravo.ru” on the case related to apportionment of Moscow participatory share in the house, built at an investment contract by the company which became insolvent (№ 305-ЭС14-5756). The courts of lower instances rejected to apportion a participatory share but the Russian Supreme Court remanded the case for a new trial. According to the Supreme Court, investment contracts with governmental units are regulated by the special rules. For this reason the Moscow participatory share in the house shall not be included in the bankruptcy assets of the insolvent company and can be transferred in kind.

 

07.12.2016

Appeal in the Federal Antimonopoly Service

The newspaper “Vedomosti” has published today the article by Infralex partner Artur Rokhlin with the headline “Appeal has required the expert review”. The author examines the first results of the Appeal in the Federal Antimonopoly Service (FAS). This new procedure has been in the first time provided by the “fourth antimonopoly package” came into force on the 5th of January’ 2016. First results indicate the success of the procedure: 36% of complaints were satisfied. According to Artur Rokhlin, the appeal procedure however needs improvement and support from the expert community.
02.12.2016

Real estate market changes the regulation

Infralex Head of real estate practice Sergey Shumilov spoke yesterday at the conference “Real estate of the XXI century: Yesterday! Today! Tomorrow!” hosted by the Moscow Business-Club for the market leaders. The new Law “On the State Registration of Real Estate” coming into force on the 1st of January’2017 has aroused great interest from developers. Sergey Shumilov told that this Law provides unification in the new register of real estate the data from the two current registers – the State Real Estate Cadastre and the Unified State Register of Rights. According to Sergey Shumilov the transition period is fraught with serious risks because the information in the both abovementioned registers often has discrepancies.

01.12.2016

Cartels: in focus again

Infralex has traditionally continued to examine the Russian Antitrust Law. In the regular annual issue of the International Comparative Legal Guide (ICLG) published in England Infralex partner Artur Rokhlin and associate Victor Fadeev gave their expert opinion on Cartel prohibition. The 10th ICLG edition with the headline «Cartels & Leniency 2017» covered 28 jurisdictions has been published in November. Infralex traditionally represents Russia. This year the experts continue to explore the amendments to the Competition Law came into force in January’2016.   


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Olga Pleshanova

Head of Analytical Department