Ekaterina represents Russian and foreign clients in complex commercial disputes in Russian state courts.

Ekaterina also has experience successfully representing clients in complex insolvency projects, including subsidiary liability disputes, invalidation of deals and assets tracing projects.

Ekaterina also takes part in projects regarding the challenging of sanctions.

Some examples of Ekaterina’s projects are provided below.

Projects:
Domestic Litigation

Defending Commerzbank in a dispute against a large Russian bank. The opponent commenced a dispute in connection with the freezing of his funds in accounts opened with the depository, whose funds were in turn frozen in a German bank due to European sanctions. The complexity of the dispute is based on the claim’s nature, i.e., the probability of qualification of the claim as of contractual or of tort nature.

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Defending Commerzbank, Landesbank Baden-Württemberg, Bayerische Landesbank (major German banks) in disputes against a Gazprom subsidiary relating to the refusal of clients to make payments to the opponent under bank guarantees due to sanctions restrictions. The claimant is currently attempting to recover funds from the clients through a Russian court despite the fact that the guarantees are subject to English law and contain an arbitration clause.

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Successfully representing a landlord in a dispute involving a claim against a tenant for recovery of a penalty of more than US$1.4m and a counterclaim concerning the invalidation of a decision on withdrawal of a lease agreement.

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Representing one of the largest players on the Russian railway carriage market in a dispute over invalidation of the decision of the Federal Antimonopoly Service of the Russian Federation to refuse to initiate an investigation of an anti-trust law offence committed by the client’s competitor.

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Successfully defending a major audit firm in a dispute over a claim brought by the opponent, who declared that the audit reports prepared by the client were misleading. The complexity of the dispute is due to the fact that such cases are extremely rare in Russia, and there is no relevant detailed regulation or settled court practice. The claimant’s actions posed a serious threat to the client’s reputation as they cast doubt on the quality of the client’s services and may lead to the cancellation of the auditor’s qualification certificate.

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Insolvency
Sanctions
Domestic Litigation

Defending Commerzbank in a dispute against a large Russian bank. The opponent commenced a dispute in connection with the freezing of his funds in accounts opened with the depository, whose funds were in turn frozen in a German bank due to European sanctions. The complexity of the dispute is based on the claim’s nature, i.e., the probability of qualification of the claim as of contractual or of tort nature.

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Defending Commerzbank, Landesbank Baden-Württemberg, Bayerische Landesbank (major German banks) in disputes against a Gazprom subsidiary relating to the refusal of clients to make payments to the opponent under bank guarantees due to sanctions restrictions. The claimant is currently attempting to recover funds from the clients through a Russian court despite the fact that the guarantees are subject to English law and contain an arbitration clause.

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Successfully representing a landlord in a dispute involving a claim against a tenant for recovery of a penalty of more than US$1.4m and a counterclaim concerning the invalidation of a decision on withdrawal of a lease agreement.

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Representing one of the largest players on the Russian railway carriage market in a dispute over invalidation of the decision of the Federal Antimonopoly Service of the Russian Federation to refuse to initiate an investigation of an anti-trust law offence committed by the client’s competitor.

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Successfully defending a major audit firm in a dispute over a claim brought by the opponent, who declared that the audit reports prepared by the client were misleading. The complexity of the dispute is due to the fact that such cases are extremely rare in Russia, and there is no relevant detailed regulation or settled court practice. The claimant’s actions posed a serious threat to the client’s reputation as they cast doubt on the quality of the client’s services and may lead to the cancellation of the auditor’s qualification certificate.

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Insolvency

Successfully leading several insolvency cases, which, among other things, resulted in the return of US$0.7m worth of assets to a bankruptcy estate as a result of the invalidation of complex deals.

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Sanctions

Defending a client in a dispute concerning an exemption from asset freezing (assets worth about US$20m) due to EU sanctions, as well as disputes regarding the recovery of damages from the client in connection with such freeze in various jurisdictions.

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