Corporate Lawyer (No. 4, 2018): Exit from Negotiations. How to Avoid Liability

April 2018
Corporate Lawyer
In late November 2017, the Commercial (Arbitrazh) Court of the Moscow District upheld the decisions of lower courts to award lost profits against Auchan in favour of a potential lessor due to unfair (abrupt) cessation of negotiations for a warehouse lease agreement. Following the court findings in the Auchan case as well as other cases, this article discusses certain practical tips that would help to mitigate the risk of the cessation of negotiations being deemed unfair and the risk of recovery of related losses.