The US and Swiss oil trading companies, represented by KIAP, faced hardship and force majeure circumstances performing their contractual obligations before the largest Russian petrochemical companies and foreign terminals. KIAP lawyers secured settlement of all the disputes.
In 2022, the Clients failed to perform the obligations to purchase the goods from the Russian suppliers, as well ...
The dispute arose when the Client’s foreign subcontractor resisted a set-off of claims. Consequently, the subcontractor initiated an ICC arbitration to recover several million of euro of the warranty sums retained by the Client.
In the course of the arbitration proceedings, KIAP showed that the subcontractor had breached the contract, that the penalty should be charged, and that the...
KIAP is currently representing a foreign construction company in an ICC arbitration seated outside Russia. Following the initial respondent’s reorganization, the arbitration is being pursued against a Russian bank which is a 99,9% subsidiary of one of the largest state-owned Russian banks. Both banks are subject to US, UK, and EU sanctions.
Subsequent to the events of February 2022,...
The Swiss company applied for the protection of their interests in a dispute to recover a debt from a Slovak company under a freight forwarding agreement in arbitration in Switzerland (currently the name of the institution is the Swiss Arbitration Center - https://www.swissarbitration.org/).
The defendant argued on all issues - argued that the arbitration clause was unenforceable, argued...
The client of KIAP, an ex-top manager of a large construction company, is the defendant in the case of bringing him to subsidiary liability in the bankruptcy case of a construction company. In this case, the interests of the Principal are also represented by the KIAP lawyers.
A number of persons decided to take advantage of the company's bankruptcy situation, falsified documents for...
KIAP client, Russian Investment Company, during the bidding process, has got debt on the company’s sales credit agreement, which is on the list of one of the biggest banks in Russia.
Besides the efforts for debt calculation correctness, KIAP lawyers faced the necessity to deny causes for limitation of action terms and also to prove the penalty’s declared amount shortage. As a result, the c...
Several months ago, the KIAP lawyers collected a penalty in the amount of more than 5 million US dollars from the ICAC at the CCI of Russia. Further struggle in the Moscow Arbitration Court. The debtor tried to cancel the decision of the ICAC at the CCI of Russia and prevent the issuance of a writ of execution for public order. However, KIAP's lawyers managed to defend the decis...
KIAP Attorneys at law corporate practice team has followed “еCredit” transaction of selling 25% shares to Yandex.
The platform “еCredit”, founded by Kirill Larin in 2016 helps car dealers and car brands to sell them on credit. This service gives opportunity to see all offers in one window without any needs to request on the sites of all banks.
As it was informed earlier by the side...
Foreign supplier (client of KIAP) suffered damages due to the buyer's breach of its contractual obligation to purchase an obligatory minimum amount of goods. The underlying contract provided for contractual penalty in the amount of 50% of price of non-purchased goods; the amount of penalty exceeded 5 mln US dollars.
KIAP lawyers represented the client in arbitration in ICAC (Moscow)...
KIAP’s Corporate and M&A practice team supported the sale by the Banki.ru’s founders of their share in the company. The portal was founded by Philip Ilin-Adaev, his brother Kirill Ilin-Adaev and his spouse Elena Ischeeva, who owned 60% of the business. Another 40% of Banki.ru belongs to the Russia Partners fund. The buyer of the founders' share appeared the Elbrus Capital investment fund i...
The Russian Federation, represented by the Federal Customs Service, applied to one of the district courts of the city of Moscow with a claim to recover damages from an official of a lower customs authority by way of recourse.
As the basis for the stated claims, the plaintiff pointed to the adoption by this official of a decision that entailed losses for a participant of foreign econ...
In the midst of pandemic, KIAP lawyers defended interests of the foreign trader in arbitration proceedings in LCIA against Polish buyer who refused to pay for the delivered by the Client goods. The whole procedure was conducted online.
Polish lawyers (WKB) assisted the Client to obtain interim measures in Poland in support of the future LCIA arbitration.
To avoid the liability, the...
KIAP lawyers represented the Client in a court dispute against a Bank arising out of first demand guarantees. The demand guarantees had been issued by the Bank to the benefit of the Client under the subcontract agreement. The counterparty of the Client did not perform its obligations under the subcontract agreement and refused to return an advance payment, to reimburse damages and to pay penal...
The distributor appealed to the Russian arbitration court with a demand to recover from the Belarusian company the discount on the contract not given to him. The total amount of the claims estimated 100 million rubles.
Such category of cases is extremely rare, and there is no uniform practice on the issue. During the consideration of the case, questions arose about the legal nature of th...
On August 6, 2020, the Ninth Arbitration Court of Appeal upheld the ruling of the Moscow Arbitration Court, obliging a large Russian Insurer to pay insurance indemnity in the amount of more than 70 million rubles under the insurance policy of the business risk in favor of the Insured (the Principal of KIAP, Attorneys at Law).
The dispute arose in connection with the untimely settlement by...
The dispute was related to the appeal of the decisions of the customs authority on the classification of goods according to the Foreign Economic Activity Commodity Nomenclature of the Customs Union (the FEACN of the CU).
Representing the interests of the importer, KIAP lawyers have managed to prove that the disputed tires were intended for vehicles and machinery used in construction, mini...
The Principal of KIAP, Attorneys at Law, who appeared as a contractor, engaged a subcontractor to perform part of the work on the building site. The subcontractor performed the work improperly, so the contract with it was terminated and the subcontractor had to recover of losses to the Principal of KIAP.
The subcontracting agreement stipulated that all disputes between the parties are sub...
The Principal of KIAP, Attorneys at Law, a European company specializing in the development, production and retail of sports goods for more than seventy kinds of sports and being represented in most regions of Russia, decided to terminate the lease agreement for premises in a large regional shopping and entertainment center. The owner of the premises, having no intention of losing a major lesse...
The Principal of KIAP had purchased and imported into the Russian Federation a passenger aircraft. During the customs declaring procedure the classification code of goods was specified based on the weight of the aircraft with the corresponding customs duty rate of 0%.
The Сustoms authorities considered the declared information unreliable and determined a different value for the mass of t...
OJSC "Lidskoe Pivo" (ААТ "Лідскае Піва"), the Belarusian manufacturer of popular Lidski kvass (a traditional rye-bread drink), had become aware of a locally manufactured kvass distributed in the Russian market under the same brand name "Lidksi". Furthermore, the infringer used similar bottle label designs. To defend the Client’s rights, KIAP lawyers applied to the Russian antimonopoly authorit...