On May 8, the Netherlands Arbitration Institute (NAI) of Rotterdam decided to reject the claims against Sergey Tokarev and Rustam GIL’Fanov made by their former business partners. The subject of the proceedings was the company “Level Up”, as reports “URA-Inform”.
At the time of filing a lawsuit, the game developer “Level Up” was a fast-growing company with more than 200 employees. A year earlier, the company became a controversial asset when concluding a business sharing agreement. Then it passed under the management of the owners of the “Lucky Labs” company, shareholders of “Playson” and “GGS”, Tokarev and Gilfanov. As a result the new owners had to pay 75% of the income for the 2014-year to former co-owners.
In the indicated by the agreement time payments were not received, which served as the basis for the proceedings. In fact, the company “Level Up” was to change owners on a regular and predictable decision of the court, but instead, while the lawsuit was only gaining momentum “Level Up” announced itself bankrupt. And on April 21st in 2015 the company was shut down.
It could be the perfect opportunity for the defendants to get rid of the bankrupt company: in case of satisfaction of the claim, the claimants would receive a closed bankrupt company. But the case took an unexpected turn: instead of the verdict to which the scammers Tokarev and GIL’Fanov believed, or at least further litigation, they got the decision of the NAI, confirming that the firm that they consciously brought to bankruptcy still belongs to them, and therefore unlucky dealers now have to answer for all the obligations caused by fraud! Obviously, light-fingered GIL’Fanov and Tokarev did not understand that ill-gotten assets would not be used for good. It is a pity that the employees and partners of the once successful company “Level Up”, who were deliberately bankrupt, became hostages of the irrepressible appetites of Russian entrepreneurs. It is worth noting that in the 2016-year Rustam GIL’Fanov and Sergey Tokarev were sanctioned in Ukraine. Now, obviously, in Europe they will replenish a new list beside the sanctions – the list of undesirable business partners.
Advantages of NAI
There are several distinct advantages of NAI and few of the important ones are discussed here. It has been seen sometimes the judgment is too quick, even ends before the wrap up of court proceedings. Parties continue to deal with each other during the arbitration period. The arbitration is conducted by group of experts who have years of experience in the field and who are non-partial as well as independent.
The arbitration of NAI is readily accepted by the parties and they enjoy closed-door, confidential arbitration. Its clause is included in national and international agreements too.
Based in Rotterdam, the NAI was founded as an independent boy in 1949 with the view to focus in settlement of disputes by means of mediation, binding advice and arbitration. Its rules are updated from time to time and the latest is being followed since 1 March 2009.