Projects

KIAP represented a major German supplier of petroleum production equipment in the matter of enforcing an award of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) in Russia. Having filed a foreign arbitral award enforcement petition, the Firm's litigators succeeded in settling out of court following long talks with the defendant, who decided to comply with the award voluntar...
Following protracted litigation, the Federal Arbitrazh (Commercial) Court of Moscow Okrug upheld the prior rulings in the case. As a result, the claimants failed to recover from Principal alleged high rent arrears due to owners of a major shopping centre in Moscow. KIAP litigators succeeded in demonstrating that there was no cause of action and no wrongdoing by Principal, b...
 2526 14 May 2014
The litigation was over vicarious liability damages sought from former top managers of a bankrupt corporate debtor in bankruptcy proceedings. The Firm succeeded in demonstrating no wrongdoing by the company's former management, and the courts at all instances, including the Federal Arbitrazh (Commercial) Court of Moscow Okrug, denied the liquidator's claim in its entirety. The...
 2500 12 May 2014 Bankruptcy
KIAP represented a major Russian agro-industrial holding company in a dispute with a leader in the Australian livestock-farming market. The dispute arose out of a supply contract worth several millions US dollars. The contract had an arbitration clause for disputes between the parties to be referred to International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russ...
 2539 3 April 2014 Litigation
KIAP, Attorneys at Law has completed legal support of the off-balance securitisation transaction of a portfolio of residential mortgage loans of Bank VTB 24 through issuance of non-convertible interest-bearing documentary residential mortgage-backed class A and class B securities by CJSC “Mortgage Agent VTB 2013-1” to be fully redeemed on 4 September 2014. The total amount of the iss...
 2917 21 February 2014
The problem of proper execution of court rulings is at the heart of the Russian judicial system. It affects the public, corporates and the state alike. For example, in one of his interviews, A.A. Ivanov, President of Supreme Arbitrazh (Commercial) Court of the Russian Federation, said that the share of executed decisions of arbitrazh and mainstream courts is within 20% and 30% respectively, with...
 2762 29 January 2014 Litigation
Another court ruling for KIAP client, METRO Cash & Carry. In its original action for some 55 mln roubles, the claimant alleged that in the period between 2010 and 2012 it supplied goods to the defendant, which were not paid by it in full. KIAP lawyers, however, filed a counterclaim against the claimant for a default on the payment of bonuses (rewards) as well as the service cha...
 2560 27 January 2014 Litigation
Alexey Sizov, Head of Customs and International Trade practice at KIAP, has won customs litigation for a major Spanish corporation against a regional arm of RF Federal Customs Service.  The litigation involved an appeal against the decision of a customs authority to include intellectual property royalties in the customs value of excisable goods. The importance of the pr...
 2371 23 January 2014
KIAP Partner Aybek Ahmedov has won litigation for a major manufacturer of auto parts against a major building contractor group over the collection of a debt under a building contract and liquidated damages due to payment delays in a major industrial construction project. The core claim against the principal was denied in its entirety, with the quantum of liquidated damages sough...
 2308 15 January 2014
The action was for reinstatement of a former head of the Russian representative office of a foreign company, a major player in the business aviation market. Long talks between the company shareholders and the head of their representative office in Russia brought no accommodation, and the company was forced to terminate him for irregularities identified by the firm's lawyers in the professional a...
 2302 17 December 2013
The litigation was over damages under vicarious liability sought from former top managers of a bankrupt corporate debtor in bankruptcy proceedings.  The Firm succeeded in clearing the company's former management of wrongdoing, with the Commercial Court of the city of Moscow rejecting in its determination the claim from the official receiver in its entirety. The case was...
 2304 26 November 2013 Bankruptcy
On October 1, 2013 the Federal Commercial Court of the North-Caucasian Okrug upheld the rulings of the lower-level authorities that had invalidated the decision of FAS of Russia Rostov Directorate. The local antitrust authority had found METRO Cash & Carry to be creating a discriminatory environment among suppliers because it priced its services pro rata to sales.  Note that...
 2643 2 October 2013 Antitrust and Competition
On 27 September the Arbitrazh (Commercial) Court of the city of Moscow handed down its judgment in METRO Cash & Carry vs FAS of Russia. The case was in the trial court's pipeline for about a year and a half. During this time it was followed by all food retailers. The Arbitrazh Court ruled illegal and quashed the decision and order of FAS of Russia, as well as 63 administrative rulings that h...
 2483 1 October 2013
Following one and a half year long additional field tax audit, performed by Moscow city Directorate of the Federal Taxation Service, around 420 mln rubles were assessed to a large systems integrator company. KIAP lawyers have performed a thorough analysis of the field audit Act, prepared detailed written objections thereon as well as represented the Client in course of pretrial review in the cit...
 2477 27 August 2013
On 9 July 2013 there came into effect a judgment of the Arbitrazh [Commercial] Court of Rostov Oblast, which can become a watershed for one of the fastest-growing sectors of the Russian economy – food retailing. We remind the readers that on 8 April 2013 the Arbitrazh Court of Rostov Oblast set aside the decision of the Rostov Office of FAS of Russia, which found KIAP's Princi...
 2471 11 July 2013 Antitrust and Competition
11 June 2013 the Federal Arbitrazh (Commercial) Court of Volga Okrug upheld a Samara Oblast Commercial Court judgment that granted the claim of KIAP's client, a major Russian manufacturer, for recovery of a debt in the amount of some RUR 5,000,000 under a patent licensing contract. In defence of its refusal to pay royalties under the contract, the defendant claimed prior use. Courts of three...
 2522 13 June 2013 Intellectual Property
In January 2013, goods imported by the KIAP's Client into the RF were revalued by customs - a Uralian District customs authority added royalties to the customs value of the goods. The decision was challenged by the KIAP's lawyers in a court of law. The action was based on earlier precedent-setting successfully litigated disputes in the Central (case No A23-1555/2010) and North-Western (case ...
 2437 11 June 2013
Houghton, a major international supplier of special-purpose industrial fluids for metal processing, faced a labor dispute resulting from a conflict with a regional top manager of the entity concerning remission of disciplinary penalties, declaration of dismissal as invalid, and recovery from the employer of travel and medical expenses. Based on the results of lengthy court proce...
 2082 15 May 2013
On March 5, 2013, the Moscow City Arbitration Court dismissed a claimant's claim for the early termination of the legal protection of QUELLE's trademark under its international registration. As a result of adjudication, Konstantin Suvorov, KIAP partner, succeeded in proving that the stated claims were unjustified. In this connection, the court declared the claimant to be disinterest...
 2396 15 March 2013
KIAP has brought to a close a lengthy and precedent-setting dispute between a Canadian developer and a major energy provider in the Moscow region. As a result of electricity-metering irregularities, the customer was overbilled for electricity usage for a number of years. KIAP succeeded in demonstrating that electricity consumption had been metered incorrectly for a long time and that the energy...
 2339 20 February 2013