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 ...
KIAP lawyers successfully represented the Russian retail leader in dispute with the former top-manager of the company. The employee made a claim to the court on employment reinstatement and recovery of bonuses in excess 50 millions of rubles. The key problem of the case was to prove that the bonus was not included in salary, but depended on KPI of a top-manager.
The KIAP lawyer...
Internal analysis of foreign trade activities of the client discovered that the goods imported in 2014 could be classified on another tariff code of the Foreign Trade Commodity Nomenclature, consequently the company has a right to reimburse customs duties and taxes paid previously.
The customs authority denied to accept the company’s application for tariff code changes in customs de...
In the course of pro bono services attorneys of KIAP IP practice assisted the charitable fund for elderly and disabled people «Starost v radost» (eng – “Oldness for Joy”), a non-profit organization that over 10 years provides support to lonely elderly people living in social institutions all over Russia, with registering their main logo as a trademark.
Progr...
On March 14, 2017, the Ninth Arbitration Court of Appeal has considered the appeal of a number of foreign reinsurers against decision of the Moscow Arbitration Court, according to which claim to the Russian insurance company - AB KIAP’s principal - on the return of unjust enrichment at the total amount of about was denied in full. Upon review of the appeal, decision of the first instance ...
On February 7, 2017 the IPR Court cassation instance upheld first instance and appeal courts’ decisions over a series of German hypermarket chain Globus’ trademarks protection in case No. А60-11954/2016, wherein KIAP team successfully ceased an unauthorized use of “Globus” in a name of one of the biggest shopping and entertainment malls of Yekaterinburg in full, including the Web.
KI...
On January 30th, 2017, the Ninth Arbitrazh Appeal court has dismissed the appeal plea of our opponent in a 184 mln rub dispute (60 mln rub claimed by the opponent, 64 mln rub demanded in a counterclaim). This case has lasted for more than 4.5 years and concerned recovery of damages that have been incurred after the fire spread in a rented warehouse in 2012.
The origina...
On February 6, 2017, the Ninth Arbitration Court of Appeal has considered the appeal of the Russian insurance company - AB KIAP’s principal – against decision of the Moscow Arbitration Court, according to which claim of a number of foreign reinsurers on the return of unjust enrichment at the total amount of about US $ 4 million were satisfied. Upon review of the appeal, decision of the firs...
On January 10, 2016 the decision of the Arbitration Court of Moscow, according to which Principal’s claim to the insurance company for the sum of more than 150 mln. rubles were satisfied, was entered into force.
The cause of the dispute was the failure by the insurer of its obligations under the contract of insurance of trade (commercial) loans, under which the in...
KIAP, Attorneys at law, has represented one of the largest global electronics manufacturer in a dispute against a Russian bank. The case concerned a recovery of a debt owed by the bank to the Client by under a bank guarantee.
The case was of a particular complexity due to multistage procedure of document flow between the Client and its customers. Besides, the bank has disp...
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 re...
The case is remarkable for the fact that the unjust enrichment arose as a result of the parties’ actions within a factoring matter where a debtor – in this case the retailer – is often compared to the third party of a contract. The respondent in the dispute was a big Russian credit company (TOP-15 Russian banks in terms of financial assets) – the most severe type of opponents within the cases o...
The subject of the dispute was penalty under the construction contract, the payment in the amount of slightly less than 50 million rubles was demanded by the Russian contractor from the client of KIAP – international retailer.
In the course of legal proceedings specialists of KIAP succeeded in demonstrating before the courts of all three instances that the penalty was t...
KIAP litigators successfully represented interests of the largest international retailer in a dispute with the Russian supplier.
The subject of the dispute were funds, paid by supplier, which formed the amount of advertising services rendered to him, the return of which is demanded by the supplier’s bankruptcy trustee.
As a result of the dispute, KIAP'S experts convinced th...
Specialists of KIAP successfully represented the largest international provider in the mobile payments industry in a dispute with a Russian contractor.
The subject of the dispute was opponent’s debt in the amount of around 50 million rubles, which arose as a result of non-performance of the agreement between the companies. The client provided services for mobile payments on ...