Settlement

Representation of oil traders in the bankruptcy case of Samaratransneft-Terminal with a register of claims of US$662 million made it possible to achieve a peaceful settlement of disputes over the subordination of RUB 20 billion in bond claims. We also secured the inclusion in the register of a US$12 million claim based on a pdf copy of a guarantee under Swiss law, the issuance of which the debtor denied.

Representing the interests O1 Properties Group companies in the bankruptcy case of a large office centre in Moscow. Following the results of a year of confrontation with TRUST Bank in a bankruptcy case and three parallel processes worth US$97 million in total, we managed to achieve settlement of the dispute on the most favourable terms for the client.

Defending Metallimpress (a general contractor) in the ICAC against a claim worth over US$65 million filed by Zhoukovsky (a customer) in connection with complaints regarding the quality of work on the construction of a shopping centre. The firm successfully defended the client from 75% of the claim. The parties settled, reducing the amount recovered from our client by 89% of the original claim.

Defending Agrosnabsakhar and Trio in a dispute over a claim by Russia’s largest agricultural holding, Rusagro, for US$19m-worth of damages for a breach of a sugar supply contract, allegedly concluded by electronic communication. Through our efforts, the parties entered into a settlement that reduced the amount of the original claim by 60%.

Representing a co-owner of a supermarket chain in the process of applying for interim measures in support of an LCIA arbitration and a dispute in Cyprus in connection with the violation of a shareholders’ agreement (SHA) regarding management of large shopping centres. The client entered into a settlement agreement with the opponent on favourable terms.

Advising a client in a complex corporate dispute arising out of a claim brought by an ex-business partner seeking his share of joint business and recovery of billions of dollars in damages allegedly caused by the breach of numerous joint venture agreements. The dispute was recently settled to the mutual satisfaction of the parties.

Representing a senior executive in a dispute relating to a claim by Otkritie bank (one of the top-10 major banks in Russia) for recovery from our client of US$0.5 million allegedly arising from American Express services payments. During negotiations with the bank we achieved settlement between our client and the opponent.

Defending a client, who recently provided audit reports for one of the largest Russian retail chains, in proceedings aimed to declare audit reports misleading on the claim of one of the shareholders of the chain who considers that the reports didn’t address important issues affecting financial performance. Thanks to the firm’s efforts, the opponent dropped the claim.

Settlement of a dispute relating to the construction of a shopping centre in Volgograd for Castorama after initiating and winning several court cases against the developer (debtor).

Settlement of a dispute relating to an accident in a warehouse for a logistics company by negotiating with the owners of the damaged goods and the insurance company.

An amicable settlement of a dispute between Brunswick Rail and OJSC Mechel, arising out of an agreement for the lease of railcars, was reached after we filed a claim with the ICAC.

Out of court settlement of a dispute over the quality of services provided by an international educational organisation.

Settlement of a dispute worth EUR 8.5 million between Erick van Egeraat and a Russian bank in connection with the design documentation for the construction of a building complex for a corporate university.

Settlement of a dispute between shareholders in a Russian metals producer regarding discriminatory terms in the shareholders’ agreement.

An amicable settlement was reached in court proceedings relating to 25% of the shares in a Russian mobile phone operator.

Settlement of disputed issue between a Russian railway operator and an Israeli IT firm prior to it becoming a matter for conflict.

We represented a major bank in a dispute on the recovery of debt from a businessman arising out of an English-law guarantee in connection with the breach of a loan agreement by one of his companies and with regard to a counterclaim by the businessman worth US$80 million for breach of confidentiality. The dispute was settled amicably.