Summary

MD Referrals Ltd, a company incorporated in Cyprus providing services related to issuing permits and approvals from the competent authorities for the construction and operation of electricity production plants signed a representation agreement with CJSC Intertechelectro, a company incorporated in Russia, on September 24, 2008 among other agreements. Differences arose and MD Referrals Ltd filed a civil suit against 1. CJSC Intertechelectro, 2. Generation Holding AG, 3. P.E.C. Powerenergy Cyprus Ltd, 4. Mark Shabad, 5. Gregory Schtulberg, 6. Clarus Management Ltd, 7. Alexander Korolenko and 8. Antonis Antoniou Latouros before the District Court of Limassol (Civil Case No. 4184/2012). An application to file an additional affidavit was rejected (interim judgment of December 11, 2012). However, a prohibition order for immovable property that intended to be used for production of electricity was granted (interim judgment of March 29, 2013). The law suit against Respondents No. 3 to 8 was withdrawn due to purported settlement. Respondents No. 1 and 2 requested these litigation proceedings to be suspended on the ground of a contractually agreed arbitration clause contained in aforementioned representation agreement that set out the competence of SCC. The Court was convinced by the arguments brought forward and accordingly suspended the proceedings (interim judgments of February 21, 2014 I and II). Plaintiff’s request to delete pleadings as unnecessary or scandalous or which may lead to prejudice, embarrass or delay a fair trial was not granted (interim judgment of September 29, 2014). It is not clear whether arbitral proceedings before SCC were initiated or whether a final judgment in these litigation proceedings was issued.

During these proceedings, a criminal proceeding was initiated by MD Referrals Ltd before the District Court of Nicosia (Criminal Case No. 18800/2013). CJSC Intertechelectro and others were accused for cheating, false pretenses, conspiracy to defraud and conspiracy to commit misdemeanor. The Court decided that service and sending of documents was not legally valid (interim judgment of February 3,2015). It is not clear whether a final judgment was issued.

MD Referrals Ltd v. 1. CJSC Intertechelectro, 2. Generation Holding AG, 3. P.E.C. Powerenergy Cyprus Ltd, 4. Mark Shabad, 5. Gregory Schtulberg, 6. Clarus Management Ltd, 7. Alexander Korolenko and 8. Antonis Antoniou Latouros, District Court of Limassol Civil Case No. 4184/2012 (five judgments)

• Interim Judgment of December 11, 2012
• Interim Judgment of March 29, 2013
• Interim Judgment of February 21, 2014 - Respondent No. 1
• Interim Judgment of February 21, 2014 - Respondent No. 2
• Interim Judgment of September 29, 2014

MD Referrals Ltd (CY) v. CJSC Intertechelectro (RU) and others, District Court of Nicosia Criminal Case No. 18800/13 (one judgment)

• Interim Judgment of February 3, 2015