Representing ZAO RTK (MTS Retail) in a dispute with Sony Ericsson Mobile Communications Rus including in the Presidium of the Supreme Commercial Court of the Russian Federation. The case concerned the right to equality in access to justice. The matter drew attention of the legal community as the issue of equality in access to the judicial system has never been examined from this angle before. The position of the Firm has been supported by the Presidium of the Supreme Commercial Court, which will certainly have serious impact on further body of precedent as well as contractual clause outlining the terms of arbitration agreement.
Representing one of Gazprom’s subsidiaries in a series of litigation actions concerning the collection of royalty fees arising from the use of inventions and know-how and the recovery of damages in a total amount of tens of millions of rubles.
Representing Sawatzky Group in a claim launched by the Property Department of Moscow against our client on the collection of rental payments in an amount of over €1 million. The claim demands were rejected, proceedings on the case were terminated.
Representing a major international retailer in a case involving an alleged violation of the antimonopoly law brought by the Office of the Federal Antimonopoly Service of Saint-Petersburg against our client as well as an administrative law case in connection with coordinated actions in trade markets. The result – a minimal penalty that eliminated financial risks in an amount of 200 million rubles.
Representing DirectGroup in a number of claims by senior employees against our client for dismissals which involved claims for significant premium compensation as well as compensation for moral injury. All disputes were resolved in our client’s favor.
Representing Rockwool in a dispute with tax authorities concerning the accrual of VAT and income tax. In this complicated litigation, KIAP lawyers restored a more than 9 months missed period to appeal against decisions of tax authorities which let to the refund of substantial taxes and penalties. This case set a new precedent for further cases based on similar facts.
Representing Quelle in a dispute with the Russian Federal Customs Service regarding the procedure for determining the customs value of goods bearing trademarks subject to license payments. As the result, the decisions of customs authorities were proved illegal. These claims have set a positive precedent at the federal level (North-Western and Central Districts).
Representing Nortoil on a claim against the Ministry of Natural Resources to require the issuance of a license for oil field development. KIAP lawyers were successful in the courts and the Ministry was required to issue the license to our client.
Representing heat generating organization in disputes with an unfair consumer – housing management company, including in the Presidium of the Supreme Commercial Court, which made precedent setting decision to prevent communal services providers’ release from liability for the quality of these services’ provision.
Representation of Interests of Belyi Skit Company in the RF Constitutional Court during the dispute concerning a removal of seizure imposed on the property during the criminal proceedings. KIAP’s attorneys submitted to the Constitutional Court of the Russian Federation a request to clarify legislative uncertainty concerning the timeline of how long the seizure imposed upon the assets may remain in place after the court decision enters into its legal force. The Constitutional Court said that the measure may remain in place only until the end of the court proceedings and the time when the court decision enters into its legal force, especially in the event if the civil claim filed was left without further examination. Accordingly, the Constitutional Court gave an exhaustive answer with respect to the case, important for the entire Russian law enforcement body of precedent at the crossover segment of criminal and civil legal regulations in part of application of the provisions relevant to the system of property ownership rights.
Resolution of a civil dispute pursuant to ad hoc arbitration rules between two major FMCG companies. Thanks to the professional work of the arbitrators, the dispute in an amount of over Euros 3 million was resolved within two months, the legality and validity of which was confirmed by a judicial act of the tribunal.
Carrying out of legal and financial due diligence on a major Russian food manufacturer. The due diligence report was prepared for consideration by the board of directors of our client — one of Europe’s largest food manufacturers — when they were considering whether to enter the Russian market through a cross border merger with a Russian company (value over one billion US dollars).