BGP Litigation has successfully defended a Russian company in an LCIA arbitration. Claims for damages, including the loss of profit, were brought by a UK advertising agency against BGP Litigation's client in connection with the termination of the advertising agreement governed by English law.
The BGP Litigation team prepared and presented a legal position arguing that the arbitration tribunal did not have jurisdiction due to the application of Article 248.1 of the Russian Code of Arbitrazh Procedure, that the damages had not been proven, that recovery of damages was impossible due to certain contractual restrictions, and that no mitigation action had been taken.
In May 2023, short of the merits hearing, the parties agreed to terminate the arbitration proceedings without any amounts payable to each other, and the arbitration tribunal then ordered that the arbitration be terminated.
The client was represented in the LCIA arbitration by the BGP Litigation team comprising Counsel Maxim Kuzmin, Associate Victoria Bogacheva and Junior Associate Alexander Sopko.