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Dispute Resolution

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.

Some projects

  1. 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.
  2. 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.
  3. 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.
  4. Challenging successfully the cadastral value of land plots located in Moscow for Slava JSC (previously known as Second Moscow Watch Factory) .
  5. Handling over 60 lawsuits for LLC VEB-Invest, 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.
  6. Assisting with the invalidation of the renewal of the subsoil license of a Russian gold mining company due to a bad-faith agreement concluded between the representatives of the parties and abuse of rights.
  7. 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).
  8. 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.
  9. 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.
  10. 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.
  11. Drafting the technical position and participating in the preparation of procedural documents from the perspective of Russian law required to represent a foreign contractor Iberdrola Ingeniería y Construcción at the International Chamber of Commerce (Paris) in a dispute with OGK-5 OJSC under the EPC Contract for the construction of the new power-generating unit at Sredneuralsk State District Power Plant.
  12. Representing the interests of the design and build company Arco LLC in a dispute with Auchan LLC arising from a contract on the drafting of working documentation.
  13. Successful representation of Kimako LLC a Russian valve manufacturer, in a challenge against the illegal rejection of a tender bid in accordance with Federal Law No. 223-FZ “On the Procurement of Goods, Works and Services by Certain Categories of Legal Entities.
  14. 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.
  15. Representation of utilitiesservices 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.
  16. Successful representation of a major Russian agricultural land owner in disputes on compliance with land and environmental regulations with the enforcement authorities (the prosecutor's office), the state and municipal control authorities, in subsequent administrative proceedings (over 15 cases) and a subsequent court challenge against the imposed fines. All the imposed fines exceeding RUB 3 million were canceled, while the court decisions were upheld by the courts of appeal and cassation.
  17. 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.
  18. Representing a leasing company, part of a major foreign road and construction equipment manufacturer, in disputes with lessees on the recovery of debt and the seizure of the leased assets.
  19. 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.
  20. Assisting a creditor, which had not been included in the creditor claims’ register, with the preparation of a statement on the vicarious liability of the previous and current directors of the debtor, representing the lender in the bankruptcy proceedings.
  21. Guaranteeing a majority vote at the creditors' meeting for the controlling bodies of the debtor and completion of the supervision stage as part of the bankruptcy proceedings.
  22. 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.
  23. Recovering equipment to its former owner (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.
  24. Recovering damages attributable to the provision of inadequate security for equipment at a construction site.