DLA Piper wins landmark case for Kaproben Handels in Russian Supreme Court

DLA Piper has won a significant transhipment case in the Judicial Collegium for Economic Disputes of the Russian Supreme Court representing Kaproben Handels.

Kaproben Handels, a Swiss coal trader, was in a dispute with Oteko, a major transhipment operator in Russia’s Taman seaport on the Black Sea, on the termination of a USD315 million transhipment contract. The contract contained a “take or pay” provision which required Oteko to order and pay for, or just pay for, the services in relation to 5 million tonnes of coal per year. Due to the market changes, Kaproben Handels has unilaterally terminated the contract. Oteko challenged the termination of the contract in court.

The DLA Piper team managed to overturn the unfavourable decision of the Moscow Arbitrazh Court dating back to 2020 before both the Ninth Arbitrazh Court of Appeal and the Arbitrazh Court of the Moscow Region. The Collegium for Economic Disputes of the Russian Supreme Court agreed with our client’s legal position. Taking into account that there were no uniform case law on the subject of the dispute, the court rulings may set a new precedent for the Russian transhipment market.

The DLA Piper team was led by Moscow-based Litigation and Regulatory counsel Alina Kudryavtseva, supported by associate Igor Klushin.