All cases: Dispute Resolution
Dispute Resolution
- Representing a major American oil company in a dispute with a Russian partner in Western Siberian courts over an alleged violation of its pre-emptive right to acquire shares in a Russian joint venture. The parties reached an amicable settlement.
- Representing a major Polish bank in a dispute with a Russian debtor over the enforcement of an international arbitral award for loan repayment. The dispute was resolved in our client’s favor.
- Representing an international automobile manufacturer in a suit to compel a company registered in the Crimea to conclude a distribution agreement in Russia. As a result, the court denied forcing the client to conclude a distribution agreement.
- Representing minority shareholders of a Russian FMCG company without a controlling interest in Russian arbitrazh courts on a demand to contest reorganization decisions allegedly made in violation of their rights. The minority shareholders received monetary compensation in an amicable settlement.
- Supporting a dispute on the contractor’s side over recovery of debts under a construction contract financed from the Russian state budget. Claims were filed against the contractor for quality; the client also refused to pay for performed work, due to a lack of financing. Claims were brought against the client, the actual user of the facility, and the Ministry of Finance of the Russian Federation as a subsidiary debtor. As a result, the claim was satisfied in full, and the debt was recovered with interest accrued in full.
- Supporting a dispute over recovery of the cost of work performed under a construction contract on the side of the defendant.
- Construction was performed on the basis of a trilateral construction contract with the participation of the contractor, the client and the end user of the facility, which financed and controlled the progress and quality of construction. The client was sued for the quality and timing of the work. As a result, only the value of works recognized and not disputed by the client was recovered.
- Representing a major foreign bank in a real estate dispute with a landlord in Russian courts. The parties reached an amicable settlement.
- Defending an international company during liquidation of a Russian entity. The project was complicated by a corporate conflict between the company’s shareholders, as well as by a forced bankruptcy and liquidation of an affiliated company in the Isle of Man. In all, our lawyers handled more than 10 lawsuits on the project, including a Supreme Court case. After three years of corporate litigation, the firm’s team succeeded in having an international company’s stake in a Russian subsidiary be recognized.
- Supporting a dispute related to retention by a contractor of a constructed facility on the client’s side. The contractor retained the facility due to non-payment of construction costs. Our client made quality claims. The contractor claimed retention of the facility and an opportunity to sell. The contractor’s claim was dismissed in full.
- Defending interests of shareholder of large wholesale company in disputes over collection of debts under loan agreements in bankruptcy proceedings against the debtor. The Client was a guarantor under loan agreements between the company and a supplier of raw materials. Bankruptcy proceedings were initiated against the company.
- Supporting a dispute over a facility commissioning case in which documentation was missing, illegally retained by the contractor (on the side of construction client). An application was filed seeking invalidation of actions of local authorities denying commissioning. Local authorities, local prosecutor’s office, contractor, local land authorities were involved in the case. The claim was satisfied, denial of commissioning was found illegal.
- Protecting the interests of clients in disputing a related party transaction. The attorneys managed to prove that the client had never received notice of a general meeting of company members, had never participated in the meeting and had never signed a resolution approving the transaction.
- Defending the interests of a client, a member of a Russian limited liability company with more than 90 percent ownership, in a case challenging a major transaction involving the sale of a land plot and factory buildings. The lawyers succeeded in challenging the transaction made without the Client’s consent and returned the major asset to the Client.
- Developing pre-trial strategy for a Russian development company in the construction of Russia’s first private medical center and business park; analyzing the consequences of a breach of obligations by a construction contractor in the absence of cooperation by an engineering company. The parties entered into an amicable settlement agreement.
- Supporting a dispute over recovery from a contractor of an unreasonably withheld amount due to unilateral termination of a construction contract by the client (on the client’s side). Claims for time and quality of works were filed, as well as a notice of withdrawal from the contract was sent. The debt was recovered in full.
- Supporting a dispute on the side of the client over recovery of debt under a contract for design/construction documentation development for construction of a large office complex. The claim was filed as a result of failure to pay for duly performed and submitted works. Claims were made by the client that the quality of the work was outside of the established terms. As a result, an amicable settlement was reached under which only the work acknowledged by the defendant was paid for.
- Representing a liquidator of a foreign company (analogous to an arbitration manager) in disputes over the right to a share in the authorized capital of a Russian company. The disputes were initiated by both the liquidator and the company’s shareholders who sought to remove the company’s property and avoid the foreclosure of a share in the company at the request of creditors. The dispute is still ongoing.
- Advising a client, a participant in two Russian companies, on more than 15 litigation cases, including corporate disputes over major transactions, bankruptcy cases, cases of debt collection under loan agreements, mortgage foreclosure and collection of debts under supply agreements. The dispute is still ongoing.
- Representing minority shareholders in a dispute over the contestation of 7 related-party transactions. The goal of the lawsuit was to negotiate with majority shareholders for further sale of shares at a favorable price for the client. The client managed to negotiate the sale of shares on favorable terms.
- Protection of interests of a Swiss IT company and its Czech subsidiary in a dispute with an unscrupulous licensee who tried to collect the license fee paid on spurious grounds. Client’s interests were fully protected, and the plaintiff’s claim was dismissed.
- Representing a technology company from Eastern Europe in a case for early termination of trademark protection. Client’s trademark rights restored.
- Representing a foreign national in several interrelated disputes over title to real estate, recovery of damages, debt under loan agreements. Client reached an amicable settlement agreement.
- Challenging the reports of the investigation into an industrial accident at a Russian agricultural holding; appealing against resolutions on administrative liability imposed on the holding. The case was complicated by the fact that it took a long time for the courts to decide whether an application to contest an accident investigation report should be considered through civil or administrative litigation. The client was released from administrative liability.
