The Moscow District Federal Arbitration Court (court of cassation) has considered the claim of the freight-forwarding company STIM against OJSC TransContainer for the sum of 272,000 roubles. The claims were filed in respect of the funds which were allegedly unfoundedly recovered for services rendered under a transportation and freight forwarding agreement.

According to OJSC TransContainer’s Director for Legal Issues, Viktor Markov, the dispute arose due to the fact that CJSC STIM refused to pay for services rendered by TransContainer on the grounds that the latter had not drawn up a separate order for such services.

“At the initial stage of OJSC TransContainer’s independent business activities, the company’s information system did not incorporate the process for the rendering of transportation and freight forwarding services as fully as possible. Therefore, in a number of cases (including in the case with CJSC STIM), services were rendered at the client’s request in the presence of an agreement on transportation and freight forwarding services, but without a separately documented order,” Viktor Markov explained.

He added that the court of cassation had acknowledged that the services were in fact rendered upon the request or upon the demand of CJSC STIM, notwithstanding the absence of a separately documented order.

We would remind readers that last year, STIM filed three similar claims against OJSC TransContainer. “The chapter has already been closed on two of the cases, with decisions issued in OJSC TransContainer’s favour. The third case is being considered at present,” Viktor Markov stated.