The reason for the dispute was the failure of UWC to fulfill a previously concluded contract: the cost was 46.4 billion rubles for 12 thousand gondola cars. Implementation period - 2022-2024
The recipient made an advance in the amount of 1.5 billion rubles (40% of the cost of 1 thousand cars), but for 2022-2023. received only 13 cars out of the expected 7 thousand units.
UWC explained this by sanctions that limited the supply of critical components (cassette bearings) in 2022, which led to the suspension of the Tikhvin Car Building Plant.
The first trial took place in 2024, when the amount of claims amounted to 1.6 billion rubles for late delivery of cars to 2022. In the first instance, it was reduced to 50 million rubles, agreeing with the manufacturer’s arguments and recognizing the circumstances of 2022 as force majeure. Subsequently, the Ninth Arbitration Court overturned this decision, and SUEK was able to obtain a recovery in the amount of 964.8 million rubles.
The Ninth Arbitration Court decided that in this case the sanctions cannot be qualified as force majeure and recovered 2.5 billion rubles.
