Cases
2017
Subject of claim:
Issuance of a writ of execution to enforce the Arbitration Court award to recover price difference of Hyundai car, liquidated damages and penalty for a total amount of more than 18,000,000 rubles
Basis of claim:
Ruling of the Federal Court of Arbitration of the International Association for Civil Litigation (the Court of Arbitration).
Claimant acquired the rights to claim the price difference of the goods from the former owner of Hyundai car. He executed a unilateral arbitration agreement on dispute settlement in the branch of the Arbitration Court in Makhachkala, which in absence and without notification of the defendant made a decision on recovery of 18 122 070 (eighteen million one hundred twenty-two thousand seventy) rubles in favour of M.
Representation of the car importer.
A group of attorneys worked out measures to protect the defendant:
- Appeals to the judicial authorities with claims.
- Appeals to the executive authorities.
- Appeals to law enforcement authorities (Ministry of Internal Affairs, Prosecutor's Office, Investigation Committee).
- Appeal to the Arbitration Court.
- Appeal to the Chamber of Attorneys of Dagestan Republic for a disciplinary action against A.
The Arbitration Court decision was set overturned.
The case over issuance of the writ of execution was referred to the competence of the Presnensky District Court in Moscow at the defendant's location, which refused to issue a writ of execution.
Read more about the case in the mass media:
https://www.rbc.ru/society/21/08/2017/599a37b89a794742b80d6c12
https://lenta.ru/news/2017/08/21/sud/
https://zona.media/news/2017/08/21/dagestan-hyundai