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Supreme Arbitration Court Affirms Dismissal of Novolipetskiy metallurgicheskiy kombinat OAO’s Claim against MRSK Tsentra OAO-RAPSI


Monday, 21 Oct 2013 06:06am EDT 

RAPSI reported that the Supreme Arbitration Court of the Russian Federation did not review the decision of the Federal Arbitration Court of the Moscow District, which had previously dismissed Novolipetskiy metallurgicheskiy kombinat OAO (NLMK) claim against MRSK Tsentra OAO. NLMK sought to recover RUB 5.1 billion of unjustifiable enrichment from MRSK Tsentra OAO for the period from July 2008 to September 2011. According to NLMK, the facilities, through which NLMK received electric power, were subleased by MRSK Tsentra OAO, which in turn leased them from Lipetskiye magistral’nye seti. In July 2008 both the lessor and the lessee were joined to FSK YEES, i.e. aligned in one. According to NLMK, as a result the lease agreement between them was terminated and thus NLMK believes that the sublease agreement was terminated, too. In turn, MRSK Tsentra OAO said that all payments by NLMK were made under the current contract, which has not been disputed by any party and therefore these payments cannot constitute unjust enrichment. In October 2012 the Arbitration Court of Moscow satisfied the claim of NLMK. In February, the appeal upheld above decision and it entered into force. However, in June 2013 the Court of Cassation overturned these decisions and upheld the complaint of MRSK Tsentra OAO. A panel of three judges of the Supreme Arbitration Court agreed with the findings of the court of third instance, and refused to refer the case for review to the Presidium of the court. 

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