FBK Legal for ‘PRObankrotstvo’. Cassation: Waiver of Moratorium Removes Restrictions on Penalty Claims

The Arbitration Court of the Moscow District clarified the implications of waiving a bankruptcy moratorium when considering disputes over the recovery of contract penalties. The ‘PRObankrotstvo’ website has published information regarding case No. A40-128875/2024.

Vladislav Korneychuk, Head of Practice at FBK Legal, commenting on the case, noted:
‘The ruling may lead to: (a) more detailed terms relating to the waiver of the moratorium in contracts (e.g., notification procedure or consequences), (b) a review of sections on penalties and force majeure considering new risks, (c) the development of strategies for navigating crisis situations, including assessing the advisability of using/waiving the moratorium. Thus, the ruling strengthens the balance of interests between the parties: creditors get additional guarantees for obligation fulfillment, while debtors are forced to approach decisions on the moratorium more responsibly, taking into account the irreversibility of its cancellation’.