Case description: The Client, together with another major Russian company, invested in the launch of a new plant in one of the regions of Russia. Under the agreement with the partner, the Client became a minority shareholder of the new enterprise. However, three years after the launch of the joint project, the participants diverged in their approaches to business management.
Legal Challenge: KIAP lawyers were tasked with developing and implementing a strategy for the Client's exit from the company, ensuring the receipt of the actual value of its stake. The task was complicated by the fact that the corporate documents established restrictions on exit from the company, and the shares themselves were pledged to a bank.
Approach and outcome: KIAP lawyers developed and implemented a comprehensive exit strategy, which included a series of transactions, litigation, expert examinations, and other actions. Upon completion of all activities within the framework of the key legal dispute between the Client and the opponent, a settlement agreement was concluded in the appellate court. Under the terms of the agreement, the Client received the full actual value of the stake.
The KIAP project team included: Partner Ilya Ishchuk, Head of Bankruptcy Projects’ practice Daniil Zherdev, Senior Associate Anna Andreeva, Associate Tamara Filinykh, and Junior Associate Nikita Slesarenko.