Projects
Legal support for the business pursuits of the largest enterprise in the CIS engaged in the research, development and production of industrial- and scientific-purpose X-ray equipment on the issue of agreement performance in connection with the counterpart
Kachkin & Partners’ client – Research and Production Enterprise Bourevestnik JSC, an ALROSA JSC subsidiary and Russia’s largest producer of X-ray machines and variously-purposed equipment and devices for medicine and the environmental sciences – contacted the firm regarding the performance of an agreement concluded by its affiliate based on the results of procurement procedures. The company had been the customer under a general contracting agreement for the development of design documentation and construction of the Bourevestnik Innovation Center in the Novo-Orlovskaya Technology-and-Innovation Special Economic Zone (SEZ). Total agreement value amounted to RUB 1.3 bln.
Insofar as an insolvency (bankruptcy) petition had been filed in commercial court against the general contractor under the agreement, the client had contacted Kachkin & Partners with a request for consultation on the matter of the possible transfer of rights and obligations under the general contracting agreement to a third party or its outright termination, as well as with regard to the legal risks associated with the general contractor’s performance of the agreement’s terms in view of the latter’s bankruptcy. At the client’s behest, we prepared a legal opinion with respect to the risks stemming from the performance, amendment and termination of the agreement pursuant to applicable bankruptcy law, as well as in terms of the customer’s exercise of its rights under related security arrangements, and formulated recommendations on minimizing the identified risks and the best means of formalizing further legal relations under the general contracting agreement.
