Mediation and negotiations

Anna Grishchenkova

Anna Grishchenkova

Partner
LL.M.
MCIArb
Kirill Korshunov

Kirill Korshunov

Attorney at law
Senior Associate
Mediator
Andrey Korelskiy

Andrey Korelskiy

Managing partner
Attorney at law
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KIAP helps to peacefully resolve differences in complex conflicts, including those complicated by proceedings both in state courts and in international arbitration.

Legal support of negotiations on one of the conflict’s parties side:

  • legal analysis of the situation

  • search and implementation of opportunities to improve the negotiating position

  • participation in negotiation

  • preparation of documents, necessary for the implementation of agreements

  • control over the implementation of agreements

Independent mediation in the settlement of disputes (mediation):

  • preparation of an agreement on the mediation procedure and organization of negotiations

  • conducting conciliation procedures with the participation of independent mediators;

  • preparation of a mediation agreement and other documents necessary for the implementation of agreements

  • approval of documents with a notary 

Mediation in the negotiation of the terms of contracts (contract mediation)

  • analysis of the legal risks of the structure of the transaction proposed by each of the parties

  • development and approval of a transaction structure that suits all parties to the transaction

  • registration of the agreements reached

  • Representing the global Russian agro-industrial holding’s interests in the disputes with the Australian live stock market leader. The dispute was caused because of the delivery contract for several millions of dollars. There was an arbitration clause about dispute resolution sides in contract in ICAC by CCI of Russian Federation. However the dispute was regulated in pre-trial order with the help of long-termed negotiations, the result of which was settlement agreement on profitable terms. The starting point for the negotiations was taking preliminary interim measures by the Russian court in favor of Arbitration.
  • Representing the interests of a Mexican food manufacturer in ICAC Chamber of Commerce and Industry of Russian Federation in a dispute against a Russian supplier of industrial property. The dispute was successfully settled in pre-arbitration order.
  • Successfully presentation of a client’s interests against a Russian oil company in a dispute over contracts for the supply of raw materials, where, due to COVID19, the contractual price of goods fell (depending on oil prices), and it became more profitable for the supplier to sell the goods to other buyers at market prices. The amount of losses of the principal from the violation was calculated in millions of dollars. The involvement of KIAP helped to resolve the situation in favor of the principal before contacting the ICAC Chamber of Commerce and Industry of Russian Federation.
  • Representation the interests of the defendant - the contractor - in a multi-million dollar dispute in the ICAC at the RF CCI related to the construction of elite real estate in the center of Moscow, and in negotiations. KIAP's lawyers did a great job, fully analyzing the technical and reporting documentation for the entire construction period, which made it possible to prove the groundlessness of the customer's claims. In addition, a counterclaim was filed in arbitration to recover damages from the plaintiff. As a result of the oral hearing at the ICAC at the RF CCI and negotiations with the participation of KIAP, the parties agreed to conclude an amicable agreement on terms favorable to the Principal of KIAP.
  • Representation the interests of a Russian buyer of graphic product in ICAC at CCI of Ukraine in the dispute with a Ukrainian manufacturer. The Vienna Convention on contracts for the International sale of Goods of 1980 was applied. The case was ended with a conclusion of a settlement agreement on favorable terms for the principle.
  • Representation an Asian insurance company in four ad hoc arbitrations in London against Russian reinsurers, on two of which, after the arbitration proceedings, settlement agreements were concluded.   
  • Representing a major German supplier of oil production equipment in a case on the enforcement of the decision of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) against a Russian agent who violated the obligation to provide the client with information about the sale of his equipment in Russia. As a result of the negotiations, it was possible to achieve after the submission to the arbitration court of an application for the enforcement of the foreign arbitral award of its voluntary execution and compensation for the court costs incurred by the client by concluding an amicable agreement.
  • Successful representation of an oligarch’s wife’s interests in a family dispute with a fortune of more than $ 10 billion according to Forbes. In the negotiation process, it was possible to convince the spouses to settle all controversial issues in an amicable agreement.