Hearing of dispute of big pollock players postponed
The Russian fishery sector is following with keen interest the conflict between the Pollock Catchers Association (holder of MSC-certified list of vessels) and the Russian Fishery Company in the wake of the expulsion of RFC-linked fishing companies from the organization. As a result, the expelled companies are facing potential loss of MSC label and the dispute was moved to the Arbitration Court of Primorye province, reports Megafishnet.com.
Earlier JSC "Turnif" in the interests of a group of individuals (Russian Fishery Company) appealed to the Arbitration Court with a claim to the Association of Pollock Catchers to invalidate the decision of the General meeting of 15.09.2020 on expulsion from the Association. The plaintiff filed a request for interim security measures for the claim.
The Arbitration Court's ruling of 06.10.2020 partially satisfied the plaintiff's application for security of the claim. The court took the following interim measures:
* suspend the decision of the General meeting of PCA regarding the exclusion of RFC-linked companies from the membership until the Arbitration Court's decision on the claim comes into force;
* prohibit the association from performing actions aimed at implementing the decision of the General meeting of 15.09.2020 regarding the expulsion from the Association RFC-linked companies, including: ban on notifying any third parties about the expulsion; making changes to the information about membership in PCA, communicated in any way;
* restrict in any way the scope and(or) content of the rights of PCA members, as well as the exercise of these rights, until the decision of the Arbitration Court on the claim of JSC "Turnif”.
Meanwhile, in defiance, the association appealed to the Arbitration Court of Primorsky Krai to cancel the interim security measures, but the court Ruling of October 26 refused to satisfy the application.
The next session of the Arbitration court was to be held on November 26, but on the court’s website information was published about the postponement of the hearing to December 21, 2020.
It should be mentioned that the association appealed the ruling of the Arbitration Court to the fifth Arbitration Court of appeal of Primorsky Krai. The Appeal Court is due to hear the case on December 15.
Perhaps this circumstance was the reason for the postponement of the hearing in the Arbitration court.
It should be noted that the case has not yet been considered on its merits (the legality of excluding RFC-linked companies from the Association). The hearing may take many months, since both parties have the right to appeal if they disagree with the decision all the way to the Supreme Arbitration Court.
Meanwhile the RFC-backed "Association of shipowners of the fishing fleet", which includes the expelled companies, has already begun certification to MSC standards.
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