The Federal Arbitration Court of the Moscow Circuit upheld the ruling of the Ninth Arbitration Appeals Court that revoked the decision of the Arbitration Court of the City of Moscow and dismissed the application by OJSC “DAR” for a review, due to newly di

OJSC “DAR” filed a claim against LLC “KOPEYKA DEVELOPMENT” with the Arbitration Court of the City of Moscow, calling for the acknowledgement of a real estate purchase-sale agreement, executed by the said entities, as invalid. This claim was dismissed by the decision of the Arbitration Court of the City of Moscow of 21.04.2005.

Subsequently, OJSC “DAR” applied to the Arbitration Court of the City of Moscow for a review of the decision of 21.04.2005 due to newly discovered circumstances. On 27.12.2005, the arbitration court revoked its decision of 21.04.2005 due to these newly discovered circumstances.

Attorneys of the Law Firm “YUST” represented the interests of LLC “KOPEYKA” in all legal stages throughout the review of the decision of the Arbitration Court of the City of Moscow of 21.04.2005 due to newly discovered circumstances, and gained the upholding of the initial ruling in favor of the client.

The Ninth Arbitration Appeals Court acknowledged the justice of the arguments presented by the representatives of LLC “KOPEYKA DEVELOPMENT” concerning the lack of legal grounds for a review on the basis of newly discovered circumstances, and dismissed the application for such a review.

In its Resolution of 27.11.2006, the Federal Arbitration Court of the Moscow Circuit affirmed the legality of the conclusions of the arbitration court of the appeals instance.