Egorov Puginsky Afanasiev & Partners has successfully represented ZMK 1520 in a dispute with New Forwarding Company over the replacement supply of railway wagons heard by the Supreme Court of Russia.
According to EPAM, “in 2017, ZMK 1520 and New Forwarding Company entered into an agreement for the supply of over 200 used railway wagons, yet the carrier failed to perform its obligations, [so] ZMK 1520 had to purchase similar cars from another supplier at a price that was several times higher than their initial cost. As a result, ZMK 1520 brought a claim seeking to recover the losses resulting from the overpayment for the railway wagons.
According to EPAM, the firm proved to the Russian Supreme Court that "in the face of a limited supply, new and used cars shall be comparable products under Article 393.1 of the Russian Civil Code.”
The dispute resulted in a settlement agreement with New Forwarding Company.
EPAM describes the dispute as important for the “formation of judicial practice on the application of the rules for the recovery of losses in replacement transactions when the buyer is unable to purchase a product that is completely identical to the one specified in the original contract.”
EPAM’s team included Partner Denis Arkhipov, Counsel Oleg Bouiko, and Associate Rustam Nurtdinov.