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6.4. Contractual Warranties: Contract Drafting and Litigation in Russian law

Friday, 17 May
16:00 - 18:00

Hyde Park, General Staff Building (6-8, Dvortsovaya sq.)

As of June 1, 2015, Article 431.2 appeared in the Civil Code of the Russian Federation. This article regulates contractual warranties and liability for their inaccuracy. These new rules are aimed at regulating the common practice of including in the contracts of warranties by which the parties guarantee each other the accuracy of some information that is crucial for the partner’s decision to conclude the contract. Inclusion in the contract of such warranties is a common practice in the conclusion of a number of commercial contracts (including contracts for the sale of shares, shareholder agreement, and many others). Over the past period, judicial practice began to form, which raised a number of important questions of the interpretation of the law. Some explanations were formulated in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 49 of December 25, 2018.

In this regard, it is time for the development of standards for good contractual practice of structuring such warranties and clarifying the most important issues. This round table is aimed at the analysis of key aspects of the design of contractual warranties and the development of proposals for case-law development, optimization and standardization of contractual work. During the round table, participants will exchange views on the agenda items, assess the relevant legal risks and put forward their proposals.

Moderator

Artem Karapetov

Director, M-LOGOS Law Institute

Speakers

Vsevolod Baibak

Assistant professor of department of civil law and civil procedure, Higher school of economics

Ivan Chuprunov

Managing Associate, Linklaters CIS

Evgeny Glukhov

Partner, DLA Piper

Alena Kucher

Partner at Debevoise & Plimpton LLP, Associate Professor of the Law Faculty at the Lomonosov Moscow State University

Maxim Rasputin

Counsel, Ivanyan & Partners

Mikhail Tserkovnikov

Deputy Head of the Department for Systematization of Legislation and Analysis of Judicial Practice in Commercial Disputes, The Supreme Court of the Russian Federation


* The Programme may be subject to change