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The penalty for non-delivery " Mistral " will not " mad ", says lawyer


France deliberately goes on breach of contract on the delivery of Mistrale ", which is risking punitive penalty, But the penalty will not be " mad " - this opinion was expressed Last news adviser community of lawyers ucov and partners Vsevolod Miller.

As was announced on Tuesday, the Head of the French Republic Francois Hollande decided to stop for awhile delivery of first of 2 helicopter carrier type " Mistral " in connection with the situation in Ukraine.

To present France complaints Russia until no plans said Last news Deputy defense Minister Yuri Borisov, Russia will " patiently " wait for delivery of the vessels.


" Although it is reported that the Russian Federation is something there did not, But the point is, I think, is that France deliberately goes on breach of contract, It is a political decision, " Miller said.

according to him, " Russia can sue France and get large punitive punishment." But at the same time, As suggested by the specialist, the penalty is unlikely to be " mad ".

" It will not be 200-300% of the contract value, and even 100%, most likely, will not, it is unlikely that the French would go on such a condition in the contract, " said Miller.

at the same time Russian military experts had previously estimated the refusal of France from the delivery of Mistrale " in the amount of from 3 to 10 billion euros (at contract value in 1, 2 billion).

in June Hollande himself said that if the contract is to be terminated, France will need to return " several billion euros ". Deputy Prime Minister Dmitry Rogozin in July warned that the cancellation of the contract would have cost Paris " billions of euros ".


Miller suggested that France seemed inclined to break the contract, its partners, and among them, promised to compensate for possible losses.

" Do Mistral, maybe someone will buy, for example Canada, " said the lawyer.

according to him, the court, which must be addressed in the discussion under the contract specified in the contract.

" most likely, This is some of the major international arbitration ships, maybe even in Paris, " says the specialist.


on the issue about the size of a possible punitive penalties to France with Miller disagrees partner of law firm " Koblev & partners Olga Lineva.

" I can assume that based on the contract amount, the amount of compensation shall be great, in addition, the Russian side has the right to compensation for lost profits in the event of breach of contract, " said Lineva.

in her expressions, practice review of international disputes shows that the amount of the fine and loss of profit has the ability to be many times larger than the value of the contract.


head of the practice of international litigation and arbitration Egorov, Puginsky, Afanasiev and partners " Eugene Raschevsky first request Last news to evaluate possible losses because of failed delivery " Mistela " recalled the proceedings of the Swedish organization Stena RoRo " Baltic plant ".

The Russian side did not fulfill the contract for the erection of 2 cargo ships cost about 59 million euros each, and the Swedes demanded in the Stockholm arbitration to recover from " Betzavta " 20 million euros of losses. The claim was satisfied, and the Presidium of the Supreme arbitration court of the Russian Federation in 2011, acknowledged the decision of a foreign court.


Mistral (Mistral) -amphibious assault ship (France). The French classify class ships Mistral As amphibious command ships (b

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The penalty for non-delivery ` Mistral ` will not ` mad `, says lawyer
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