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ART DE LEX convinced the cassation to review the Norilsk Nickel vs Engineering City Service case for new consideration

The Arbitration Court of the East Siberian District returned the case between Norilsk Nickel and its construction contractor for a new hearing.

Representing the interests of the bank that issued a guarantee to the contractor for the performance of the contract with PJSC MMC Norilsk Nickel, ART DE LEX was able to convince the court of the need for a new hearing of the case.

The court of cassation agreed that the lower courts did not take into account the significant circumstances of the interaction between the customer and the contractor, who carried out an amount of work worth about 600 million rubles.
Norilsk Nickel hired Engineering City Service LLC to modernize a large warehouse complex in Norilsk, but a few months later abandoned the contract without giving any reasons for its decision. Later in the court, Norilsk Nickel tried to explain it with the failure of Engineering City
The contractor appealed to the court to recover the deposit spent on the execution of the contract prior to its termination. The court refused to meet these demands, motivating the decision by the fact that the losses of the contractor have not been proven. The appeal was upheld by the court of first instance, judging that since the tender contract was concluded "on a turn-key basis", the work that is not completed should not be paid for.
But the court of the third instance listened to the arguments of the cassation complaint of ART DE LEX: a number of work Engineering City Service LLC has fulfilled on time, and they were accepted by the customer.
"Due to the cassation court's attention to the legal consequences of the termination of the contract, the guarantor bank has a real chance to protect its economic interests," says lawyer Anastasia Vasilenko, lawyer of the practice of dispute resolution and mediation, ART DE LEX, representing the case in court.