A claim for recovery of unjustified enrichment arising from the contract for engineering and survey works was brought against the Principal of KIAP to the International arbitration court at the Belarusian Chamber of Commerce and Industry. In his turn the Principal filed a counterclaim for recovering of damages.
The situation was complicated by the fact that this dispute was the...
KIAP lawyers presenting interests of defendant in a dispute connected with construction of luxury real estate in the center of Moscow have succeeded in settlement of this dispute in amicable way, approved in the ICAC of RF an arbitral award on agreed terms. The plaintiff (construction customer) claimed that the defendant (general contractor) have committed several breaches during the construct...
The case concerned the recovery of previously paid money under a counter-guarantee that ensured the performance of construction works by a subcontractor.
The Bank argued that KIAP Principal unreasonably filed a claim under the bank guarantee as the subcontractor had performed his work and there was no basis for payment under the guarantee. Despite the complex system o...
KIAP lawyers successfully represented the interests of a large Korean insurance company, which specializes in marine and cargo insurance, as well as in agricultural risks in the East Asian region for more than 70 years, in a dispute arising from several reinsurance contracts.
Specialists from KIAP have represented the interests of the Client on the stage of peaceful settlement of the...
KIAP lawyers successfully challenged additional charges resulting from field tax audit of the world's largest manufacturer of industrial goods. The company's claims were related to the alleged unjustified tax benefit resulting from business relationship with unscrupulous counterparties.
It is worth noting that this category of t...
In the course of consideration of the dispute related to construction of VTB Arena KIAP lawyers managed to prove that the Principal doesn’t have any unfulfilled obligations to its contractor.
The circumstances of this complicated case were investigated from the actual point of view by three arbitrators from Russia and Sweden. Stockholm was chosen as the place of the arbitrati...
In the course of a bankruptcy case of a large tour operator KIAP lawyers managed to prove the existence of legal grounds for bringing the former CEO to liability for the debts of the company – CEO did not transfer any documents on the company’s activity to insolvency officer, which precluded to form an insolvency estate.
During the proceedings KIAP lawyers succeeded in ensuring proper n...
On September 24, after a number of court hearings in the bankruptcy case at the Moscow Region Arbitration Court, KIAP lawyers managed to prove the legitimacy of the interests of the owners of a large distributor of climate equipment in a dispute over invalidating purchase and sale contract for warehouse property worth 115 million rubles.
The plaintiff referred to the conclusion of the c...
The plaintiff stated in the claims that he suffered multi-million dollar losses in connection with the violation of the seller's guarantees and assurances provided in the contract of sale of the power station.
However, KIAP lawyers, representing the seller, managed to prove that the property sold by the Principal has corresponded to the quality stated in the contract, so that the pl...
In the beginning of July, 2018 The Court of Appeal rejected to accept an appeal of Mr Bazhanov, referring to its groundlessness and the absence of violations by the judge of the High court of Justice in England in deciding to refuse jurisdiction.
In December, 2017 the High court of Justice in England rejected the claim of Mr Bazhanov, former Deputy head of the Ministry of agricultur...
Within the claims under the lawsuit the company stated that in the conditions of a difficult financial situation the CEO of the company unreasonably caused the company's losses in the amount of more than 30 million rubles. However, KIAP lawyers managed to prove in the courts of all instances, including the Supreme Court of the Russian Federation, that as a result of the actions taken by CEO, th...
In May 2017 the Moscow customs initiated a cameral customs audit for a large importing company. Within the audit the structure and the size of the customs value of goods imported for the previous three-year period were checked. During the inspection KIAP lawyers prepared and submitted documents, information and explanations, substantiating the position of the Principal when declaring the custom...
In December 2017, in Her Majesty’s High Court of Justice in England the final hearing of the claim of Alexey Bazhanov to companies of the Saint Petersburg holding “Blago” owner, Arkadiy Fosman, was held. Alexey Bazhanov tried to collect £30 million pounds of reparation for assets of “Masloproduct” group, which currently went bankrupt, previously owned by him. At the present abovemen...
KIAP successfully finished the litigation of the case on establishment of cadastral value of the office building located in the center of Moscow. As a result of consideration of an administrative claim filed by the Bureau and the examination of the market value of the object, the cadastral value was reduced for more than 750 million rubles.
The project was led by Head of “Real...
KIAP, Attorneys at Law, have represented the interests of a former top-manager of a large trading network in a dispute regarding his vicarious liability in the bankruptcy case for the debts of the company. The sum of creditors’ claims exceeded 11 billion rubles.
Despite opponents’ arguments about the presence of losses and misconduct on the side of the top managers, KIAP lawyers suc...
AB KIAP successfully finished the litigation of the case on establishment of cadastral value of the office building located in the center of Moscow which was handled in the Moscow City Court. As a result of consideration of an administrative claim filed by the Bureau and the examination of the market value of the object, the cadastral value was reduced for more than 250 million ...
In May 2017 Russian “Zvezda Shipbuilding complex” and Korean Hyundai Samho Heavy Industries Co. Ltd (HSHI) have launched a joint venture in the field of engineering and project management – OOO “Zvezda-Hyundai” in Bolshoi Kamen, Prymorsky Kray. Terms of transaction stipulate for the South Korean company to provide technical support in designing and building of “Aframax” class ships at ship...
On May 23, 2017 Arbitration Court of Moscow Region (cassation court) decided to leave in force the decisions of the Moscow Arbitration Court and Ninth Arbitration Court of Appeal, according to which foreign reinsurers’ claim to the Russian insurance company - AB KIAP’s principal - was denied in full.
This case was the last one in a number of disputes under reinsurance...
The Arbitrazh court of Moscow district has recently brought down the curtain on a two-year series of disputes between a large garment mass-market retailer and a software developer.
The developer undertook to design complex software aimed to administer a trade information network and the online shop of the Client; the contracts also obliged the developer to provide associated service...
On May, 23, 2017 Arbitration Court of Moscow Region (cassation court) decided to leave in force the decision of the Ninth Arbitration Court of Appeal, according to which foreign reinsurers’ claim to the Russian insurance company - AB KIAP’s principal - was denied in full.
The main difficulty of this dispute was the different interpretation of the conditions of the reinsurance ...