Projects

The dispute arose when the Client’s foreign subcontractor resisted a set-off of claims. Consequently, the subcontractor initiated an ICC arbitration to recover several million of euro of the warranty sums retained by the Client. In the course of the arbitration proceedings, KIAP showed that the subcontractor had breached the contract, that the penalty should be charged, and that the...
 192 25 November 2022 International Commercial Arbitration
KIAP is currently representing a foreign construction company in an ICC arbitration seated outside Russia. Following the initial respondent’s reorganization, the arbitration is being pursued against a Russian bank which is a 99,9% subsidiary of one of the largest state-owned Russian banks. Both banks are subject to US, UK, and EU sanctions. Subsequent to the events of February 2022,...
Several months ago, the KIAP lawyers collected a penalty in the amount of more than 5 million US dollars from the ICAC at the CCI of Russia. Further struggle in the Moscow Arbitration Court. The debtor tried to cancel the decision of the ICAC at the CCI of Russia and prevent the issuance of a writ of execution for public order. However, KIAP's lawyers managed to defend the decis...
Foreign supplier (client of KIAP) suffered damages due to the buyer's breach of its contractual obligation to purchase an obligatory minimum amount of goods. The underlying contract provided for contractual penalty in the amount of 50% of price of non-purchased goods; the amount of penalty exceeded 5 mln US dollars. KIAP lawyers represented the client in arbitration in ICAC (Moscow)...
In the midst of pandemic, KIAP lawyers defended interests of the foreign trader in arbitration proceedings in LCIA against Polish buyer who refused to pay for the delivered by the Client goods. The whole procedure was conducted online. Polish lawyers (WKB) assisted the Client to obtain interim measures in Poland in support of the future LCIA arbitration. To avoid the liability, the...
 1416 10 September 2020 International Commercial Arbitration
KIAP lawyers represented the Client in a court dispute against a Bank arising out of first demand guarantees. The demand guarantees had been issued by the Bank to the benefit of the Client under the subcontract agreement. The counterparty of the Client did not perform its obligations under the subcontract agreement and refused to return an advance payment, to reimburse damages and to pay penal...
 1335 14 August 2020 International Commercial Arbitration
The Principal of KIAP, Attorneys at Law, who appeared as a contractor, engaged a subcontractor to perform part of the work on the building site. The subcontractor performed the work improperly, so the contract with it was terminated and the subcontractor had to recover of losses to the Principal of KIAP. The subcontracting agreement stipulated that all disputes between the parties are sub...
The International Court of Arbitration at the International Chamber of Commerce (ICC) ruled in favor of the Principal of KIAP, Attorneys at Law. The dispute under the ICC rules with the place of arbitration in Stockholm was conducted in English and concerned the violation by the Principal’s subcontractor of the deadlines of the construction works and it’s nonconformity. The subject of th...
In March 2019 International Commercial Arbitration practice lawyers of KIAP won a litigation at Vienna International Arbitration Center, representing the interests of a Russian client against an Italian equipment manufacturer. The dispute was related to the return of the advance payment under the supply contract and compensation for losses caused by the early termination of the contract. ...
KIAP lawyers jointly with the Ukrainian colleagues from the “Antika” law firm for more than a year defended the interests of a Russian company in a dispute with a Ukrainian supplier at the ICAC at the Ukrainian Chamber of Commerce and Industry. According to the results of several court hearings within the main claim and counterclaims, the case complete d by concluding a settlement agreement on ...
The dispute was carried out in the interests of the Russian Сlient against the Italian equipment manufacturer and was related to the return of the advance payment under the supply contract and compensation for losses caused by the early termination of the contract. At the in-person hearing in Vienna, held in English, the positions of the parties were orally announced with the provision of...
A claim for recovery of unjustified enrichment arising from the contract for engineering and survey works was brought against the Principal of KIAP to the International arbitration court at the Belarusian Chamber of Commerce and Industry. In his turn the Principal filed a counterclaim for recovering of  damages. The situation was complicated by the fact that this dispute was the...
 1268 14 December 2018 International Commercial Arbitration
KIAP lawyers presenting interests of defendant in a dispute connected with construction of luxury real estate in the center of Moscow have succeeded in settlement of this dispute in amicable way, approved in the ICAC of RF an arbitral award on agreed terms. The plaintiff (construction customer) claimed that the defendant (general contractor) have committed several breaches during the construct...
 1393 4 December 2018 International Commercial Arbitration
KIAP lawyers successfully represented the interests of a large Korean insurance company, which specializes in marine and cargo insurance, as well as in agricultural risks in the East Asian region for more than 70 years, in a dispute arising from several reinsurance contracts. Specialists from KIAP have represented the interests of the Client on the stage of peaceful settlement of the...
 1349 26 October 2018 International Commercial Arbitration
In the course of consideration of the dispute related to construction of VTB Arena KIAP lawyers managed to prove that the Principal doesn’t have any unfulfilled obligations to its contractor. The circumstances of this complicated case were investigated from the actual point of view by three arbitrators from Russia and Sweden. Stockholm was chosen as the place of the arbitrati...
 1346 10 October 2018 International Commercial Arbitration
The plaintiff stated in the claims that he suffered multi-million dollar losses in connection with the violation of the seller's guarantees and assurances provided in the contract of sale of the power station. However, KIAP lawyers, representing the seller, managed to prove that the property sold by the Principal has corresponded to the quality stated in the contract, so that the pl...
 1384 21 August 2018 International Commercial Arbitration
In December 2017, in Her Majesty’s High Court of Justice in England the final hearing of the claim of Alexey Bazhanov to companies of the Saint Petersburg holding “Blago” owner, Arkadiy Fosman, was held. Alexey Bazhanov tried to collect  £30 million pounds of reparation for assets of “Masloproduct” group, which currently went bankrupt, previously owned by him. At the present abovemen...
 2322 22 January 2018 International Commercial Arbitration
KIAP represented its Kazakh client in the matter of recognition and enforcement of Kazakh commercial courts judgments in Russia.  The case was of interest for KIAP because it touched upon such issues as competence of Kazakh courts to resolve the dispute between the parties and due notification of the Russian party regarding proceedings in foreign courts. Also matters of compet...
 2674 24 February 2015 International Commercial Arbitration
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...