Representing the interests of legal entities and individuals during the resolution of economic disputes is one of our main areas of work.
We help clients analyze the situation and elaborate the optimal defense strategy, assist with the preparation of claims and the pre-trial settlement of a dispute, represent the interests of clients at all stages of the judicial process in any court, and support enforcement proceedings. Our lawyers have considerable experience of disputes on the early termination of a lease agreement in connection with the non-payment of lease payments, as well as disputes arising from contractor agreements, inter alia as a result of the undue performance of work, breach of deadlines, etc.
Our team successfully conducts cases in commercial courts and courts of general jurisdiction at the ICAC, the Arbitration Court of Moscow Construction Companies and other arbitration tribunals. In terms of geographic footprint, we have conducted cases in Moscow and Moscow Region, Volgograd, Sochi, St. Petersburg, Nizhny Novgorod, Belgorod, Novosibirsk, Yakutia, Irkutsk, and other Russian cities and regions.
We can also engage correspondent firms in the UK to represent clients in disputes under English law at the main international commercial arbitration courts: London Court of International Arbitration (LCIA), the Arbitration Institute of the Stockholm Chamber of Commerce, International Court of Arbitration (Paris). As a rule, such an approach helps to reduce foreign litigation costs compared to the engagement of major international law firms. We can prepare all the necessary documents to conduct proceedings abroad, maintain correspondence with the foreign representative and notify the client on a regular basis of progress with the consideration of the dispute. After receiving the decision of the international arbitration court, we can where necessary enforce it in Russia.
- Successful representation of British company Unified Investments Ltd in all courts regarding a challenge by the bankruptcy trustee of a loan agreement for the amount of GBP 3 million (within the framework of the bankruptcy proceedings of the borrower).
- Successfully representing the minority creditor Global Credit Reserve LLC in a dispute to challenge the decision taken by the majority creditor to sell a single asset worth RUB 250 million for RUB 2. We defended the interests of our client in all court instances, including the trial in the Supreme Court of the Russian Federation.
- Representing the interests of TH Gold Domes 2000 CJSC in a dispute with the contractor on the recovery of debt of more than RUB 300 million. The lawsuit initiated by the contractor was dismissed due to violation of quality standards related to the construction of a gated estate.
- Recognition and enforcement of an award of the London Court of International Arbitration (LCIA) regarding compensation in the amount of GBP 7 million under a loan agreement in favor of British company Unified Investments Ltd from Rostra Insurance Company OJSC and guarantors. The award was recognized and enforced in Russia, notwithstanding the arguments of the defendants regarding public interest and violation of the notification procedure by the LCIA.
- Preparing the technical position and participating in the preparation of procedural documents from a Russian law perspective required to represent the foreign contractor Iberdrola Ingeniería y Construcción in International Chamber of Commerce (Paris) in a dispute with OGK-5 OJSC under the EPC for the construction of new power-generating unit at Sredneuralsk State District Power Plant. The parties concluded an amicable agreement.
- Successfully representing the interests of a major Spanish bank Banco Santander, S.A. in a dispute with one of the leading Russian wholesale electricity and heat energy producers Enel Russia PJSC that concerned the recognition and enforcement of a foreign arbitration award for the recovery of monetary funds.
- Successfully representing VFS Vostok LLC in a dispute against the lessee in respect of the balance of the counter obligations under a leasing agreement after it had terminated. As a result, we prevented the client from losing RUB 22 million.
- Successful representation of Nobel Biocare Russia, the Russian subsidiary of Swedish leading global manufacturer of innovative implant-based dental restorations and dental equipment in a VAT dispute with Sheremetyevo Customs and the Federal Customs Service of the Russian Federation. The decisions of the customs authorities were successfully challenged in all courts, including the Supreme Commercial Court, and VAT unjustifiably withheld on the imported medical equipment for more than RUB 200 million was returned to our client.
- Representing petrochemical holding Korund-CN CJSC in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in a dispute regarding a currency swap by Raiffeisenbank CJSC in the amount of RUB 272 million. The parties concluded an amicable agreement.
- Successfully representing Lestehstroy LLC, a member of the VEB-Invest Group, in a dispute regarding the obligation to exclude from the State Real Estate Register (commonly referred to by the Russian abbreviation “EGRN”) information about land plots of public property that were placed in cadastral records "over" plots of land plaintiff. We defended the interests of the client in all court instances, including the trial in the Supreme Court of the Russian Federation.
- Recovering over RUB 60 million for Torgovy Kvartal - Novosibirsk LLC in a dispute with the contractor regarding the acceptance of works that had not actually been performed.
- Challenging successfully the cadastral value of land plots located in Moscow for Slava JSC (previously known as Second Moscow Watch Factory) .
- Successfully representing Lestehstroy LLC, a member of the VEB-Invest Group, in a dispute against MZhS Group LLC concerning an obligation to release land and recover a forensic penalty in the amount of RUB 500,000.
- Successfully representing White Sale Realty LLC in a dispute against the Federal Service of State Registration Cadastre and Cartography regarding the state registration of mortgage.
- Successfully representing the defendant, VFS International AB, in a dispute against Lorence LLC concerning the recognition of ownership of leased items and the recovery of losses in the amount of RUB 8 million. The legal position we developed in this case allowed the client to conclude an amicable agreement, under which the plaintiff withdrew from monetary claims against the client and bought out the leased items according to the price set in the lease agreement.
- Successfully representing VFS Vostok LLC in a dispute against Severtrans LLC concerning the invalidation of certain conditions of an agreement to terminate a lease agreement and a sale agreement. We managed to break the previously formed negative practice for such disputes.
- Recovering equipment to foreign leasing company from a bona fide purchaser as a result of several lawsuits, criminal proceedings and effective cooperation with two departments of the court bailiff service.
- Handling over 60 lawsuits for VEB-Invest LLC, a subsidiary of Russian State Corporation Bank for Development and Foreign Economic Affairs (Vnesheconombank) and its group of companies, including on corporate, land, and tax disputes and the recovery of debts, disputes arising from construction contracts, disputes with customers (buyers of houses) and the public authorities, cases on the review of the cadastral value, etc.
- Successful representation of the interests of the developer of a gated estate in a class action against more than 30 claimants for the recovery of approximately RUB 40 million through a proportionate reduction in the purchase price of houses and land plots, non-pecuniary damage / compensation of moral damages.
- Successful representation of a major Russian agricultural manufacturer in disputes with the enforcement authorities (the prosecutor’s office) on compliance with land and environmental regulations, subsequent administrative proceedings (over 30 cases) and a subsequent court challenge of the imposed fines. All the imposed fines exceeding RUB 7 million were canceled, while the court decisions were upheld by the courts of appeal and cassation.
- Representing utilities services operators in a challenge against several hundreds of acts issued by the administrative authorities. Over 70 percent of the acts for more than RUB 6 million were canceled.
- Recovering debts for Nobel Biocare Russia, the Russian subsidiary of Swedish leading global manufacturer of innovative implant-based dental restorations and dental equipment (over 50 cases simultaneously), with a 95% success rate.
- Representing Gazstroyinzhiniring LLC in a dispute with the bankruptcy trustee on invalidation of an agreement on the sale of an asphalt concrete plant and the offset of counterclaims that the agreement was dubious and preferential. As a result, we enabled the client to recover its title to the plant.
- Successfully representing Gracio Investments Ltd, creditor in a bankruptcy case, in a dispute on inclusion into the creditors' register based on the claims guaranteed by the mortgage of real estate in the amount of RUB 295 million. We included the client's claims into the register notwithstanding on the attempts of other parties to challenge the mortgage.
- Successfully protecting a foreign contractor, Iberdrola Ingeniería y Construcción S.A., in a dispute with the bankruptcy trustee of a Russian contractors concerning the invalidation of an agreement to terminate a contract under which the parties "forgave" mutual debt. As a result, we prevented the client from losing RUB 20 million.
- Successfully representing the former chief executive officer in a dispute with the bankruptcy trustee on vicarious liability for the amount of more than RUB 130 million for violating the obligation to transfer the accounting records to the provisional administrator and filing a court application for the recognition of the company as bankrupt.
- Representing Investstroy LLC in a bankruptcy dispute when challenging null claims out of judicial acts that came into force. We protected the interests of our client in all court instances, including the trial in the Supreme Court of the Russian Federation. As a result, third parties could not divert bankruptcy procedure.
- Successfully representing Gracio Investments Ltd in a dispute on RUB 449 million debt recollection.
- Successfully representing GK Abak-2000 LLC in the arbitration court (Arbitration Center at the Russian Union of Industrialists and Entrepreneurs) in a dispute out of the breach of contract. We gained the significant decrease in penalty for our client (from RUB 9 mln to RUB 70,000).
- Successfully representing of Lestehstroy LLC, a member of the VEB-Invest group, in a labor dispute against the ex-CEO dismissed in connection with an unreasonable management decision of his.
11 March 2019 The law firm Lex Borealis was mentioned by the international ranking of law firms Chambers Europe 2018. The Chambers&Partners agency ranks law firms in different countries of … Read more
September 2018 Lex Borealis was included into Russian ranking of law firms PRAVO.RU-300. Lex Borealis was highly ranked in the category “Real Estate” and “Corporate Law/Mergers&Acquisitions”. Lex Borealis is also … Read more
December 2017 On 1 December 2017 the biggest legaltech conference took place in the Innovation Centre SKOLKOVO. Several hundreds of practicing lawyers discussed the digitalization of legal routine. Several dozen … Read more