Our practice of dispute resolution is focused on the support for complex disputes in Russia and cross-border proceedings. This experience allows us to find unique solutions using the legal tools in different jurisdictions: litigation at courts with a focus on complex disputes being conducted in multiple concurrent jurisdictions; protecting clients' property interests, including at the early stages of proceedings by means of provisional remedies.
From the very beginning of the project work we analyze in detail all key aspects of a disputable situation, in particular:
What jurisdictions are involved or may be involved in a conflict
Availability of the opponent's property on which it is possible to impose provisional remedies or the levy of execution
A team personnel of legal consultants for foreign jurisdictions (if necessary) and experts
Priorities of work taking into account the objective and terms to be achieved
In some cases it is reasonable to initiate one or multiple ancillary proceedings in order to get evidence or preserve the status quo for the duration of the dispute.
Counsel - Dispute Resolution and International Arbitration
A large international financial organization
The dispute was caused by an investment made by the bank in a pharmacy chain within the territory of Russia. Later, due to a degenerate economic situation and mismanagement, the debtor stopped servicing the issued loan, which lead to the bank resorting to court protection of its rights.
The transboundary character of the dispute is conditioned by the holding structure of the debtor’s group of companies.
The total amount of claim is over 30 mln euro.
In parallel with the bankruptcy case, there is a corporate dispute related to return of illegally disposed shares in subsidiaries (operating companies).
There is a process in a foreign jurisdiction for execution of the option agreement and recovery of debt.
In the bankruptcy case, we managed to ensure cooperation on behalf of the official receiver (arbitrazhny upravlyaushiy) in spite of the client not having a majority in the register of the creditors’ claims.
Within the framework of the corporate dispute, we managed to obtain an application of injunctive relief in the form of seizure of the shares and prohibition on entering changes into the URSLE (Unified State Register of Legal Entities) in relation to the operating companies.
A strategy to execute the rights under the option agreement in a foreign jurisdiction has been developed.
A process of imposing subsidiary liability and recovering damages from the individuals who used to control the pharmacy chain has been started.