A claim for recovery of unjustified enrichment arising from the contract for engineering and survey works was brought against the Principal of KIAP to the International arbitration court at the Belarusian Chamber of Commerce and Industry. In his turn the Principal filed a counterclaim for recovering of damages.
The situation was complicated by the fact that this dispute was the third case, and the previous decision in favor of the Principal on a similar claim was cancelled by the highest judicial instances. So the opponent counted on prejudicialness and believed that will be able to achieve a fast victory.
However, as a result of correctly chosen by KIAP strategy and reasoned objections, including on prejudicialness and term of limitation, arbitrators rendered an arbitral decision to satisfy the main claim only in part and satisfy the counterclaim in full.
As a result of the offset the debt of the Principal under the decision is practically missing.
The Client’s interests were represented by lawyers Alexey Gurin, Evgeny Vasin, Irina Suspitcyna and Anna Grishchenkova.