To pay for a dispute between two business entities – Corporation Transstroy and OJSC “Mostotrest” – apparently, we have VTB, which issued the Bank guarantee.
Last year, the state summed up the results of the projects implemented within the preparations for the Olympic games in late 2013. All objects that are planned by the government, were built and provided the Game at the highest level. Including was launched for Kurortny Avenue in Sochi, with its kilometers of tunnels, significantly razrushivshij traffic in the city.
However, to date there is an ongoing debate between commercial entities on the implementation of mutual obligations. Today is the next stage of litigation between JSC “Corporation Transstroy and OJSC Mostotrest. Both companies carried out the construction of an understudy.
According to the lawyers, I wonder what the resolution of the court is not to resolve the dispute between two commercial entities, and to shift the financial burden to the state Bank. That is how an arbitrator, consistently meeting the demands of Mostotrest for payment previously issued and already fully developed advance in favor of “Transstroy”.
Compensation occurs at the expense of VTB, on the basis of issued during the construction phase Bank guarantee.
According to experts from the banking industry, the absurdity of the situation is that the judge did not consider it a sufficient argument for the fact that the object is built and successfully operated, and that the state has adopted all provincialnye. The Bank is obliged to pay the Bank guarantee issued to secure the performance of obligations for construction of a facility, regardless of what the obligations are met in full. Even more strange that the instance checking the validity of such a decision, I see no contradiction in such a decision, experts say.
The “cost” of the resolution of the arbitration court only on this occasion is 3.5 billion rubles, which will now have to pay VTB. And this at a time when the government is forced to look for funds to support the banking sector.
Imperfection of the judicial system is not the first year is discussed at the state level. There is still this irrational and contrary to logic and arbitration, say lawyers.
