The dispute was over misuse of the bank's intellectual properties by one of the bank's competitors (microlender), and specifically elements of the house style as well as the trademark. The court granted all the claims of the Firm's client, finding the infringer in breach of competition law and ordering the corporate infringer to cease and desist from using the bank's house style eleme...
The foreign company was sued in connection with registration of the domain name of a website with content that Roskomnadzor (Federal Communications, IT and Media Supervision Agency) found to be in breach of legislation of the Russian Federation. Despite a spate of recent rulings for Roskomnadzor suing registrars for such offences, KIAP's litigators succeeded in having the regulator drop all of ...
The litigation was of particular interest for the Firm's trial lawyers because the client's claim was only brought to a successful conclusion after the case seemingly reached the end of the line. Following over two years of litigation, the court of cassation, having heard the case a second time round, fully denied insurance indemnity to the client, and a three-judge bench of Supreme Arbitrazh (...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...