FBK Legal Expert Vladislav Korneychuk on Arbitration Court Ruling: Force Majeure of Emergency State and CTO Changes Approach to Fulfilling Court Obligations

According to PRObankrotstvo, the Arbitration Court of the Central District has emphasized the need to assess the impact of the states of emergency and counter-terrorist operation (CTO) in the Kursk region on the ability to enforce a court order for debt recovery (case no. A35-8218/2024).

Vladislav Korneychuk, Head of Practice at FBK Legal, notes that the ruling raises the standard of proof for demonstrating the causal link between the force majeure event and the impossibility of fulfilling obligations. Courts can no longer accept references to business risk and are now obligated to conduct a specific investigation into the impact of extraordinary circumstances on the fulfilling of obligations.

The decision significantly strengthens the protection of debtors in force majeure situations and alters the approach to assessing damages and penalties in judicial practice.