We develop and implement strategies to protect and / or attack, using a comprehensive approach and effective mechanisms for pre-trial and trial methods of disputes settlement.
Our skills: experience, understanding of business principles, excellent knowledge of substantive and procedural law and judicial practice.
LEGAL SERVICES IN THE CASE OF JUDICIAL DISPUTES IN THE ARBITRATION COURT
In the fall of 2017, Main Directorate for Arrangement of Troops JSC appealed to the Arbitration Court of St. Petersburg and the Leningrad Region with a statement about the inclusion in the register of creditors' claims in the amount of 150 million rubles against the client of DAYLIGHT Law Firm, a construction contracting organization.
In the fall of 2017, Main Directorate for Arrangement of Troops JSC appealed to the Arbitration Court of St. Petersburg and the Leningrad Region with a statement about the inclusion in the register of creditors' claims in the amount of 150 million rubles against the client of DAYLIGHT Law Firm, a construction contracting organization.
The claims of the plaintiff were satisfied, and Main Directorate for Arrangement of Troops JSC was included in the register of claims in accordance with the Federal Law "On Insolvency (Bankruptcy)" of October 26, 2002 N 127-FZ. After that, the Client filed a complaint with the Thirteenth Arbitration Court of Appeal, which did not satisfy it and left the decision of the first instance in force.
DAYLIGHT Law Firm prepared a cassation complaint, after which the cassation instance, having considered this complaint, came to reasonable conclusions: canceled the decision of the first and second instances, and also sent the case for a new consideration.
DAYLIGHT Law Firm represented the interests of the Client, who took part in the auction in the end of 2015. The subject of that auction was the lease rights to land in the Moscow region.
DAYLIGHT Law Firm represented the interests of the Client, who took part in the auction in the end of 2015. The subject of that auction was the lease rights to land in the Moscow region.
Bidding was won by him; in addition, protocols were obtained on the results of bidding, but in early 2016, the Client had found out that MegaFon PJSC filed a statement to the Moscow Region Arbitration Court with a number of requirements:
- to recognize the action / inaction of the Ministry of Regional Property of the Moscow Region as illegal;
- to recognize auction as failed;
- to cancel the results of the auction, because the equipment of MegaFon PJSC, namely cell towers, was located at these sites.
Accordingly, the court of first instance (Arbitration Court of the Moscow Region) had satisfied in full the claims of the plaintiff. Right after that the Client applied to DAYLIGHT Law Firm to challenge the court decision and protect his legal rights.
Lawyers of DAYLIGHT Law Firm compiled an appeal, held about 8 court sessions, as a result of which the complaint was satisfied by the Tenth Arbitration Appeal Court, the decision of the first instance was canceled and a new judicial act was adopted.
MegaFon PJSC appealed to the cassation instance to challenge this act. But after 4 court sessions, in which DAYLIGHT Law Firm defended the interests of its client, the Federal Arbitration Court of the Moscow District dismissed the cassation appeal of MegaFon PJSC, and the appeal decision remained in force.
In 2016, a client of DAYLIGHT Law Firm entered into a state contract with the State budgetary institution of the Moscow region "Mosavtodor" as a contractor for the construction and repair works of a road section in the Moscow region.
In 2016, a client of DAYLIGHT Law Firm entered into a state contract with the State budgetary institution of the Moscow region "Mosavtodor" as a contractor for the construction and repair works of a road section in the Moscow region.
The contract consisted of four stages. The first two stages were completed; at the third stage, the Client discovered that the road section on which the final construction and repair work had to be accomplished was swamped and trees were thrown down in places. Therefore, it was required to carry out reconstruction of this road section, not just repair woks. However, the government contract did not allow the provision of changes in the types of work performed.
Lawyers of DAYLIGHT Law Firm sent a notification to the State budgetary institution of the Moscow region “Mosavtodor”, as well as prepared an expert opinion, according to which it was found that on a piece of land that is the subject of a dispute, additional works not stipulated by the contract are required to be carried out.
Since the Federal Law "On the contract system in the field of procurement of goods, works, services for state and municipal needs" dated 05.04.2013 N 44-FZ does not provide the right for the contractor to unilaterally execute the contract, DAYLIGHT Law Firm on behalf of the Client was forced to appeal to the Moscow Region Arbitration Court. Following the results of four court sessions, the court satisfied the application in favor of the Client in September 2018 and terminated the state contract.