Russian Supreme Court Rules Lessor Could Not Withdraw Consent to Property Sublease

12 March 2018
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Key takeaways
  • The Russian Supreme Court has considered a significant issue for the commercial real estate lease market—whether the lessor may unilaterally withdraw its consent to sublease of property by the lessee.
  • The Supreme Court expressly ruled that the lessor’s consent to sublease of property by the lessee in the lease agreement may not be withdrawn by the lessor unilaterally.
  • The decision is expected to influence negotiation of lease agreements, and participants should provide greater detail on conditions to subleasing, form of consent and amendment of the relevant provisions.