KIAP litigators in conjunction with Capital Insurance lawyers have won case to recover 32+ mln dollars worth of reinsurance payout in connection with 2012 crash of Sukhoi Superjet in Indonesia

15.04.2015

KIAP litigators in conjunction with Capital Insurance lawyers have won case to recover 32+ mln dollars worth of reinsurance payout in connection with 2012 crash of Sukhoi Superjet in Indonesia
Belovodchenko Anton / Shutterstock.com
The dispute arose in connection with the refusal by thirty foreign reinsurers, some of them members of Lloyd's, to pay out a reinsurance claim from the Russian insurance company Capital Insurance for the loss of the aircraft.

The total amount of reinsurance money sought originally was over 32 mln US dollars; some time into the litigation, however, a number of reinsurers paid up as required under their contracts, and the amount of the claim was nearly halved by the plaintiff.

Apart from issues of law, the trial was dragged out by complicated notification to the multitude of defendants in the case domiciled in various foreign jurisdictions (Great Britain, India, Nepal, Bermuda etc.), rejection of the jurisdiction of the Russian court by counsel for the defendants, as well as by the complexity of applicable law issues. 

Eventually, after nearly two years of litigation, the arbitrazh court of Khanty-Mansi Autonomous Okrug – Yugra decided to grant the Principal's claim in full.

Capital Insurance's case was argued by the Firm's partners Konstantin Astafiev and Ilya Ischuk, assisted by associate Georgy Karaoglanov.  

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Litigation

Litigation is KIAP's core practice. According to results of Best Lawyers 2020 KIAP was recognized as the law firm of the year in the field of litigation. Litigation practice is also recommended by Chambers Europe, Chambers Global, Legal 500 EMEA, as well as by Russian Pravo.Ru 300, Kommersant ranking and Pravo-300 "Sympathy rating". Andrey Korelskiy and Anna Grishchenkova are ranked top of the field. Andrey Korelskiy, the practice head, in 2018 became Deputy Chairman of the Russian Arbitration Association (RAA) and was included into the unified recommended list of arbitrators and the corporate dispute panel of the Arbitration center at the RSPP. In 2020 Anna Grishchenkova was appointed as Regional Representative Russian Federation of the IBA Litigation Committee for the second time, and during 2018-2020 she was a Co-Chair of the Young Litigation Lawyers Forum of IBA. Has the status of Member of The Chartered Institute of Arbitrators (CIArb) and is also a Regional Ambassador at HK45 - Hong Kong International Arbitration Centre’s committee (HKIAC). She is included into list of arbitrators in Austria (VIAC), Kuala Lumpur (KLRCA), Hong Kong (HKIAC), Russia (the Board Member of the Russian Arbitration Center). Best Lawyers 2013 named Konstantin Astafiev the Litigator of the Year in Russia. Among the practice's clients are major Russian and international companies from various sectors of the economy.


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