Pravo.ru publishes Egor Chilikov’s comment on the application of provisional measures in several inter-related commercial disputes pertaining to the assets of the Petropavlovsk PLC gold-mining company:
Egor Chilikov, partner at Petrol Chilikov, finds no reasonable explanation to the court’s inconsistency in cases involving Albynsky Mine and Petropavlovsk Management Company. “In its Ruling dated 6 October 2020 concerning Pokrovsky Mine, the court convincingly explains in detail why such provisional measures are unlawful. The claimant’s lack of authority apparent from the very beginning excludes taking provisional measures in the corporate dispute. How could the court come to the opposite conclusion in several days?” – Chilikov notes. “Such inconsistency is even more surprising if we recall that in September, in the case involving Albynsky Mine, the court already refused taking provisional measures based on the CEO’s motion referring to his lack of authority to challenge resolutions of a company’s participant”, – Chilikov specifies.
“The fact that the court preserved the provisional measures in cases involving Albynsky Mine and Petropavlovsk Management Company to the extent not corresponding to the claims, considering the conclusion to the contrary made by the same court on the same day in cases involving Pokrovsky and Malomyrsky Mines are beyond comments.”