Ситуация

A company specializing in the construction of road and transport infrastructure asked us for help in reviewing and subcontracting a German engineering and design company for the construction of new bridges across the Moscow River.

Проведенная работа

Having studied the available documentation, the employees of the law firm “Paritet” found that the contract lacked a number of arbitration clauses and regulation in case of unforeseen circumstances, which subordinated the legal relations of the parties to German law and determined the jurisdiction of disputes also in Germany. In addition, the contract did not clearly define the subject of the contract in relation to the architectural integrity of bridges and other infrastructure facilities, residential and non-residential buildings to be simultaneously erected, and the obligations of the parties were scattered across different sections of the contract. At the same time, the German counterparty was checked using available open sources on the Internet, which was reflected in the indication of the full scope of the details of the German company. Our lawyers have made significant amendments to the voluminous text of the contract in Russian and English in all main sections, clarifying and redistributing the scope of duties and responsibilities of the parties, including with regard to the procedure for payment, acceptance of work performed, interaction between the parties, and intellectual property. The contract was resubordinated to Russian law, and jurisdiction was assigned to the Moscow Arbitration Court.