Tests of nuclear icebreakers can cost the Baltic Shipyard millions of rubles
According to the decision of the Arbitration Court, the Baltic Shipyard must pay for the nuclear fuel used in the testing of universal nuclear icebreakers of the 22220 series. The judges' decision may cost the St. Petersburg shipbuilders 0.2 billion rubles.
Alexander Arbouzov, Partner of the Duvernoix Legal law firm, believes that this dispute is very difficult from the point of view of predicting the outcome. "This is the case when it is hardly possible to say something definite. As a general rule, yes, if the contract provides that the work is carried out by the contractor's means, then it is wrong to recover unjustified enrichment from the customer for burning of nuclear fuel during icebreaker tests. But there may be many nuances of this relationship. In such a dispute, the outcome depends on the position of the judges, because the situation can be interpreted in different ways," the lawyer believes.