Otkrytye Tekhnologii claims against Sibantracit group companies

The task

Otkrytye Tekhnologii manufactures and services equipment for the mining and processing sector. In December 2022 the company entered into contracts with Razrez Kiyzassky LLC and Razrez Vostochny LLC (the Sibantracit coal group) for the construction of modules of a coal processing facility. Without waiting for the construction deadlines to expire, the customers stopped making advance payments, refused on formal grounds to sign completion certificates and barred the contractor's staff from the sites.

What we did

• Act for Otkrytye Tekhnologii LLC as claimant in the debt recovery proceedings.
• Handled the pre-action correspondence with Razrez Kiyzassky LLC and Razrez Vostochny LLC — the letters and demands went unanswered.
• Prepared and filed claims in the Arbitrazh Court of the Republic of Mari El against both defendants for a total of RUB 4.4 billion.
• Claimed at the first stage only the principal debt for work performed — without penalties, interest or damages — keeping a negotiated settlement open.
• Worked through a scenario for identifying the defendants' ultimate beneficial owners with a view to subsidiary liability.

The result

We do not comment on or disclose the progress or the outcome of these cases. The amounts claimed are a matter of public record: RUB 3.06 billion against Razrez Kiyzassky LLC and more than RUB 1.29 billion against Razrez Vostochny LLC — at the first stage, principal debt for work performed only.

This description reflects the result in a particular matter on particular facts. A result in one case neither guarantees nor implies a similar result in another.