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Penalty from a foreign firm and risks in government contracts: case law updates

Artur Zurabian, ART DE LEX Partner, noted: when the IT market just appeared, people created accounts in YouTube, as a rule, without thinking much of any consequences and potential problems with the rights for their channels in the future. Subsequently, when users understood that a YouTube channel is an efficient tool for promoting their content, they started to monetise the resource and seriously consider its value. This happened in 2014, just at the time when sanctions were introduced against Russia, emphasized Zurabyan. However, those restrictions did not result in blocking of Russian channels. It first happened in 2020, when the Tsargrad Media account was blocked. At that time, the Tsargrad Media channel had over 1 million subscribers, reported the lawyer. The organization sued Google (case No. А40-155367/2020). The Commercial Court of the city of Moscow stated that imposition of restrictive measures preventing access to justice to one of the dispute participants is sufficient to submit the dispute to a Russian court by virtue of Part 4 Article 248.1 of the code of Arbitration Procedure on exclusive competence of Russian commercial courts. The same approach was upheld by the Supreme Court in the case of Uraltransmash JSC against Polish PESA (case No. А60-36897/2020).

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