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 ...
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...