MOSCOW, April 23 - RAPSI. Ametech artillery weapons manufacturer has appealed the commercial court's dismissal of its $87.6 million lawsuit against state-run Rosoboronexport arms import/export corporation.
The Moscow Commercial Court ruled against Ametech's 2.6 billion ruble ($87.6 million) lawsuit on March 5.
Ametech had received an order from a foreign customer in 2001, Ametech Chief Engineer Vladimir Vishnevsky told RAPSI, but was unable to complete it on time due to a lack of financing. When Rosoboronexport subsequently provided funds, it was too late to fulfill the order.
Ametech seeks to recover 1.63 billion rubles ($55.63 million) from the arms dealer in lost profit, as the order would have brought Ametech $50 million.
It has also demanded 120 million rubles ($4.1 million) in penalties for "unproductive financing," as a result of which the order fulfillment time was increased by six years.
Ametech did not pay wages for two years, Vishnevsky added, for which Ametech seeks partial compensation amounting to 16 million rubles ($546,150). He also noted that its activities have not been financed since May 2009.
The defendant refuses to meet the claims, stating that the plaintiff failed to understand the essence of their contractual relations. Ametech seeks funds from Rosoboronexport, although it only acted as an intermediary between the customer and the contractor, who was responsible for terminating the contract.
Furthermore, the plaintiff did not provide evidence confirming that the claims were settled and the statute of limitations has now expired. According to the defendant, the statute of limitations expired in 2007, as the Ametech CEO had said the company's rights had been violated as of 2004. The plaintiff claimed the violations began two years ago.
Ametech is a research and engineering complex and a laser-guided artillery arms manufacturer.
Rosoboronexport is a global arms market leader. It is the only Russian government importer and exporter of defense and dual purpose products, techniques and services. It deals with 80 percent of the country's military equipment exports.