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Judgment of the Presidium of the Supreme Commercial Court of 26 March 2013 № 14828/12 in the case Condominium "Skakovaya 5" vs The company "Arteks Corporation"

Points of law: 1) whether findings having pre-judicial significance should be set out in reasoned part of court decision or only in the resolutive one? 2) how the burden of proof should be apportioned by a court if there are reasons to believe that a party to the dispute, an offshore company, abuses the law – namely, it hides its affiliation with a party to an earlier dispute having pre-judicial significance, with the purpose of overcoming pre-judicial effect of the previous decision by appearing as a new party in the later dispute on the same issues.

Judgment of the Presidium of the Supreme Commercial Court of 13 December 2011 № 10473/11 in the case Neftekamsk branch of Sberbank vs The company "Artur-T"

Point of law: whether drafting of a single document signed by the parties is the only confirmation of the fact that the written form of credit contract has been observed?

Judgment of the Presidium of the Supreme Commercial Court of 22 November 2011 № 17912/09 in the case The Company "Priokskoe" vs Company "Akvamarin" et al.

Point of law: whether the loss of corporate control by a member of limited liability company which has led to the temporary inability to change the LLC’s director-general, may serve as a ground for the tolling of the period of limitations for the purposes of challenging a transaction concluded by this director-general?

 

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