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 ...
June 27, 2016, the cassation instance of IPR Court upheld the decision dd March 29, 2016 of the first instance on termination of Artrin trademark in some of the goods towards which the applicant had a legitimate interest (case № SIP-581/2015).
Specialists of KIAP managed to prove the interest of the client – the International pharmaceutical company Omega Pharma, part of t...
On March 28, 2016 the Arbitration Court of the Novosibirsk region satisfied the claim in favor of the KIAP’s Principal — large retail chain “FAMILIA” — and inhibited the use of the word “FAMILY” by another retailer (the counterparty) due to its similarity to “FAMILIA” trademarks owned by the Principal. The Principal’s trademarks were previously illegally used in the names of some retail stores...
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 req...
KIAP represented the global leader in metal flow engineering in recognition and enforcement of arbitral award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce against one of the Russian leading metallurgical companies. During arbitration proceedings in Sweden KIAP provided to arbitral tribunal a legal opinion on Russian law matters.
The engageme...
KIAP lawyers of M&A practice successfully advised European concrete panels producer in the course of sale of its Russian business. Value of the project exceeded 12 mln euro.
The deal had a complex structure, which implied the liabilities to third-party and intra-group creditors were to be reimbursed, together with supporting collateral, simultaneously with the closure of asset d...
On February 19, 2016, Judicial Chamber for Economic Disputes of the Supreme Court of the Russian Federation revoked court rulings by inferior courts that had granted judgement on previous claims in favor of a number of foreign reinsurers and ordered the KIAP’s Client, i.e. Capital Insurance OAO, Russia, to repay over 4 million U.S. dollars provided under a protection and indemnity re...
On January 27, 2016 the Arbitration Court of Moscow District upheld the judicial acts of first and appeal instances for enforceability of the decision of the Office of the Federal Antimonopoly Service of the Moscow region (UFAS). The decision established that unfair competition in respect of Feretti Rus by Ramenskiy confectionery Works LLC, whose packaging infringed the interests of ...
On 10 December 2015 Arbitration Court of the Moscow District completed the third round of a most infamous recently antitrust case among those instigated by FAS Russia after the Law on Trade had taken effect in 2010. For five years the Russian food retailers have been keeping track of the case three court rounds worth. The court ruled illegal the total of 63 administrative fines for the ag...
The Presidium of Intellectual Property Court upheld a decision for a major international pharmaceutical company cancelling a patent on a pharmaceutical composition of drospirenone/ethinylestradiol, as well as a drug on its basis. This means that the Court's Presidium has drawn a line under the long dispute, which broke out in the autumn of 2013 and eventually made its way th...
The start of this week saw the publication of yet a third Ninth Arbitrazh Court of Appeal determination in a widely publicized antitrust case involving the application of the Commerce Act: OOO Metro Cash & Carry is contesting a decision, order and 63 administrative rulings handed down by FAS of Russia in connection with accusations of discrimination against suppliers of fish and ...
9 July 2015 8th Arbitrazh Court of Appeal upheld a decision of the Arbitrazh Court of Khanty-Mansi Autonomous Okrug – Yugra, which fully granted the claim lodged by KIAP's Client, the Capital Insurance Russian insurance company, for the recovery of reinsurance proceeds for the loss of aircraft.
The dispute arose in connection with the refusal by thirty foreign reinsurers, some of...
17 April 2015 the Arbitrazh Court of the city of Moscow awarded OAO OGK-2 (OAO OGK-2 is Russia's largest provider of cogeneration) some 3.5 billion roubles worth of damages from an engineering company, OAO E4 Group.
The court also ruled for the genco in voiding the equipment sale contract made between the parties, having found the E4 Group in breach of its obligations the...