Arbitral Digest

Matter

IBS Soft Solutions Group v Zao Rousskaya Lizingovaya Kompanya (French Court of Cassation, First Civil Chamber, no. N 15-14.768)

  1. 30 August 2011Russian Federation

    30 August 2011Russian Federation

    Judgment of the Moscow Commercial Court dated 30 August 2011

    Moscow Commercial Court

    Decision summary
    The Moscow Commercial Court ordered IBS Soft Solutions Group to pay Mosmart EUR 300,000 in principal, EUR 6,997.57 in accrued interest, and 83,361.09 Russian roubles in court costs under the 29 April 2008 loan.

    Supporting details

    1 authority · 2 participants
    Mosmart
    IBS Soft Solutions Group
    Moscow Commercial Court

    Authorities cited

    1
    • Russian Federation Commercial Procedure Code
      statute

    1 month and 10 days later · 41 days

  2. 10 October 2011Russian Federation

    10 October 2011Russian Federation

    Enforceable title issued by the Moscow Commercial Court on 10 October 2011

    Moscow Commercial Court

    Decision summary
    The Moscow Commercial Court issued an enforceable title to Mosmart after the 30 August 2011 judgment became final when no appeal was filed by 30 September 2011.

    Supporting details

    2 participants
    Mosmart
    IBS Soft Solutions Group
    Moscow Commercial Court

    11 months and 11 days later · 347 days

  3. 21 September 2012Russian Federation

    21 September 2012Russian Federation

    Order of the Moscow Commercial Court dated 21 September 2012

    Moscow Commercial Court

    Decision summary
    The Moscow Commercial Court ordered the substitution of Zao Rousskaya Lizingovaya Kompanya for Promkommertz in the rights arising from Mosmart's judgment against IBS Soft Solutions Group.

    Supporting details

    4 participants
    Zao Rousskaya Lizingovaya Kompanya
    IBS Soft Solutions Group
    Mosmart
    Promkommertz
    Moscow Commercial Court

    2 years, 3 months and 25 days later · 846 days

  4. 15 January 2015France

    15 January 2015France

    Judgment of the Douai Court of Appeal, Chamber 8, Section 3 dated 15 January 2015

    Douai Court of Appeal, Chamber 8, Section 3

    Decision summary
    The Douai Court of Appeal granted exequatur in France to the Moscow Commercial Court judgment against IBS Soft Solutions Group in favour of Zao Rousskaya Lizingovaya Kompanya.

    Supporting details

    2 participants
    IBS Soft Solutions Group
    Zao Rousskaya Lizingovaya Kompanya
    Douai Court of Appeal, Chamber 8, Section 3

    2 years, 2 months and 7 days later · 797 days

  5. 22 March 2017France

    22 March 2017France

    Judgment of the French Court of Cassation, First Civil Chamber, no. 15-14.768 dated 22 March 2017

    French Court of Cassation, First Civil Chamber

    Case no.
    N 15-14.768
    Citation
    Arrêt n° 386 F-D
    Decision summary
    The Court of Cassation dismissed IBS Soft Solutions Group's appeal and upheld the exequatur in France of the Moscow Commercial Court judgment ordering IBS to pay sums owed under a loan. It held that service, the opportunity to defend, notification, and the substitution of Zao Rousskaya Lizingovaya Kompanya for Mosmart were sufficient for compliance with international procedural public policy, and ordered IBS to pay costs and EUR 3,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    3 authorities · 9 participants
    IBS Soft Solutions Group
    Representative
    SCP Le Bret-Desaché (For: IBS Soft Solutions Group)
    Zao Rousskaya Lizingovaya Kompanya
    Representative
    SCP Lyon-Caen et Thiriez (For: Zao Rousskaya Lizingovaya Kompanya)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Matet
    Advocate General
    Ingall-Montagnier
    Other
    Institutional administrator
    Pecquenard

    Authorities cited

    3
    • French Code of Civil Procedure
      statute
    • Russian Federation Commercial Procedure Code
      statute
    • Hague Convention dated 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters
      treaty

Matter record

Report a correction

IBS Soft Solutions Group v Zao Rousskaya Lizingovaya Kompanya (French Court of Cassation, First Civil Chamber, no. N 15-14.768) · Matter