The Rosneft Oil Company subsidiary – Novokuibyshevsk Oils and Additives Plant LLC – had filed a claim with the Samara Regional State Commercial Court against Salavatneftekhimremstroy JSC seeking the recovery of a penalty in an amount of more than RUB 650 mln. In the course of the case’s consideration, the claimant had pointed to the ostensible breach by the firm’s client of its obligation to ensure the timely construction and commissioning of a major petrochemical facility in Samara Region.
By decision of the court of first instance dated 16 February 2017, the claim brought by Novokuibyshevsk Oils and Additives Plant LLC was dismissed in its entirety, while the counterclaim brought by Salavatneftekhimremstroy JSC was satisfied in part. Ost Legal’s attorneys managed to prove the absence on the part of Salavatneftekhimremstroy of the obligations secured by the penalty whose recovery the opponent was claiming, as well as the lack of agreement as to its terms.
On 19 June 2017, the Eleventh Commercial Appellate Court dismissed the appeal brought by Novokuibyshevsk Oils and Additives Plant LLC and affirmed the decision by the Samara Regional State Commercial Court.
The client’s interests in this case were represented by a team from Ost Legal’s dispute resolution practice – Partner Vadim Tsvetkov and Senior Associate Anna Kozhushko.