Sibur sued IT company 86.6 million rubles for services not provided due to the departure of VMware and IBM from Russia
| Customers: Sibur Holding, PJSC Contractors: Viat LLC Project date: 2023/06
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At the end of May 2023, it became known that the Moscow Arbitration Court recovered 86.6 million rubles from the Russian multi-vendor software supplier Viat LLC in favor of the Sibur group companies. The reason for the proceedings was the non-provided technical support services.
According to Interfax, a lawsuit against Viat LLC (WIAT, Moscow) was filed by Sibur LLC (46.4 million rubles), Sibur Holding PJSC (23.8 million rubles) and another 13 enterprises included in this group. According to the case file, in December 2021, the plaintiffs and the defendant entered into contracts for the supply of electronic certificates for technical and service support of a number of software products. These included IBM and VMware solutions. However, it is alleged that from March 5, 2022, technical support for VMware software for all customers completely ceased, and from April 28 of the same year, Sibur Holding stopped receiving service services for IBM products.
Viat LLC denied the claims, stating that it could not provide technical support services for IBM and VMware software due to the fact that these suppliers left the Russian market in the current geopolitical situation. But the court did not accept these arguments, ruling that the departure of the developers from the Russian Federation does not exempt the supplier from fulfilling contractual obligations.
The decision states that all contracts signed between the participants in the proceedings provide for the possibility of providing services both by the manufacturer and the defendant. At the same time, the plaintiffs "are not obliged to know what relationship the defendant is contacting and VMware/IBM, whether his specialists are granted access to the VMware/IBM website," etc. In addition, it is noted that the defendant provided all the necessary guarantees, and therefore the claims of the Sibur group companies are quite justified.[1]
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