Russian Railways to ban Siemens from initiating litigation

Russian Railways to ban Siemens from initiating litigation

Russian Railways to ban Siemens from initiating litigation
‘Russian Railways’ appealed to the arbitration court of Moscow , demanding to impose a ban on its long-standing partner, the German company Der Siemens Aktiengesellschaft, to initiate a lawsuit.  The ruling in this case (No. A40-98907 / 22-3-711), adopted by Judge Svetlana Podgornaya, was issued on May 13, 2022.

This lawsuit by Russian Railways may be filed due to the terms of contracts concluded between the companies, experts suggest. It is possible that the contracts under which the German company serviced the trains assumed consideration in a foreign jurisdiction in the event of a conflict.

Russian legislation (Article 248.2 of the Arbitration Procedure Code of the Russian Federation), in particular, provides for the possibility of establishing such prohibitions through an arbitration court in cases where restrictive measures have been introduced against any of the participants. But it was precisely such interim measures that RZD was able to achieve earlier, having received Siemens equipment, which is necessary for service work on 260 high-speed trains of the German company that are operated in Russia.

The lawsuit against Siemens was filed by Russian Railways on April 26.

The management of the Russian company demanded that the arbitration invalidate the unilateral termination of the contract for the repair of peregrine falcons, concluded in 2007.

The lawsuit itself is still awaiting consideration on June 22, 2022. In the meantime, the court took interim measures, agreeing with the arguments of the Russian Railways. The company pointed out that Siemens company has a German ‘registration’, and the return of property to the territory of another state in the event of its withdrawal from the Russian Railways will become unfeasible.

The reason for the withdrawal of Siemens Corporation from the Russian market is tough economic sanctions imposed by the European Union. The company, which stopped deliveries of new equipment to Russia and Belarus on February 24, announced in March its intention to continue servicing high-speed trains (Sapsan, Lastochka). However, on May 12, it began the process of withdrawing its property assets from the country.

Experts note that the net profit of Siemens AG for January-March 2022 decreased by half.

In 2021, it amounted to ˆ2.39 billion, and this year to ˆ1.21 billion. The reason is the write-down of assets in the transport sector. Capitalization in 2022 decreased by 29%. Now it is estimated at about ˆ92 billion. The corporation's business in the Russian Federation and Belarus, where 3,000 people worked as the staff, is estimated at 1% of Siemens' total revenue.


18.05.2022