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Party was mistaken at the time of signing a settlement agreement
01.01.2016
The Supreme Court of Russia allowed to review the decision on a settlement agreement between the parties upon newly discovered evidence if at the time of entering into it material misrepresentation took place. Therefore, an algorithm has been formed to appeal against a judicial act that already entered into force.
Lawyer of YUST Law Firm Dmitry Malbin prepared an article for “Corporate Lawyer” magazine, in which he clarified whether it is possible to review a case upon newly discovered evidence. The article examines the following situation:
When entering into the settlement agreement, the plaintiff’s CEO relied on oral promises of the defendant’s executive body on the possibility to enter into supply contracts. After termination of the employment contract with the CEO the new executive failed to comply with these oral agreements. The plaintiff applied for review if the court’s decision on entering into the settlement agreement upon newly discovered evidence due to material misrepresentation at the time of entering into the settlement agreement.
The Supreme Court of Russia allowed to review the decision on a settlement agreement between the parties upon newly discovered evidence if at the time of entering into it material misrepresentation took place. Therefore, an algorithm has been formed to appeal against a judicial act that already entered into force.Lawyer of YUST Law Firm Dmitry Malbin prepared an article for “Corporate Lawyer” magazine, in which he clarified whether it is possible to review a case upon newly discovered evidence. The article examines the following situation:
When entering into the settlement agreement, the plaintiff’s CEO relied on oral promises of the defendant’s executive body on the possibility to enter into supply contracts. After termination of the employment contract with the CEO the new executive failed to comply with these oral agreements. The plaintiff applied for review if the court’s decision on entering into the settlement agreement upon newly discovered evidence due to material misrepresentation at the time of entering into the settlement agreement.
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