Mark Vaskovskiy
Mark represents clients before Russian state commercial courts and courts of general jurisdiction in a wide range of disputes, including corporate, insolvency, commercial and administrative disputes, as well as real estate and reputation-related disputes.
Mark also has substantial experience in international commercial arbitration and in preparing expert opinions on Russian law for foreign courts and arbitral tribunals.
Projects:
Sanctions
Domestic Litigation
Representing one of Russia’s largest construction companies in a dispute against the Federal Treasury following an audit that alleged numerous construction violations and misappropriation of public funds exceeding RUB 5bn. The team successfully challenged the audit findings by proving procedural violations in the conduct of the inspection and demonstrating the client’s full compliance with applicable law and contractual requirements. The Treasury’s order was declared unlawful.
ЧитатьRepresenting a major insurance company in a RUB 2.8bn recovery claim arising out of the collapse of a large food distribution warehouse. Following payment of insurance indemnity to the warehouse owner, the insurance company pursued claims against the service provider responsible for maintenance of the warehouse racking system. The team successfully established causation between the inadequate maintenance of the racking system and the warehouse collapse. The court awarded the claim in full.
ЧитатьRepresenting a coalition of independent IT companies in a competition dispute against the dominant Russian search engine operator. The case concerned allegations that the defendant abused its dominant market position by favouring its own services in search results and advertising placements to the detriment of competitors. The team secured a settlement under which the defendant undertook measures aimed at ensuring equal competitive conditions for market participants.
ЧитатьDefending a Forbes-listed entrepreneur in a defamation and business reputation dispute arising from a coordinated media campaign involving the dissemination of false and damaging information in Russian and international media outlets. The team successfully obtained court findings that the publications were false and defamatory, secured their removal from public access, and achieved publication of corrective statements.
ЧитатьInsolvency
Securing the subordination of claims exceeding RUB 2.5bn filed by a creditor affiliated with one of Russia’s largest integrated oil and petrochemical groups in the insolvency proceedings of a contractor. The team conducted a comprehensive analysis of the parties’ relationships under a construction contract and identified a “profit centre–loss centre” arrangement implemented between the contractor and the customer. The team successfully established the parties’ de facto affiliation, resulting in the subordination of the creditor’s claims and a lower priority ranking in the distribution of the bankruptcy estate.
ЧитатьDefending creditors in the insolvency of a Russian mining and processing plant. The team developed a comprehensive insolvency strategy in a highly complex matter involving multiple stakeholder groups with competing interests, including creditor groups, tax authorities, banks and former shareholders. The strategy included asset substitution mechanisms, challenges to transactions entered into by former owners and selected creditors, and measures aimed at preserving the company’s mining licences and operational continuity, ultimately enabling the clients to achieve their strategic objectives in the insolvency proceedings.
ЧитатьCorporate and M&A
Representing one of the two shareholders of a major Russian medical equipment distributor in a shareholder dispute against the co-founder holding 50% of the business. Through a combination of litigation strategy and negotiations, the team successfully achieved a settlement under which the co-founder agreed to sell his share to the client.
ЧитатьDefending the parent company of an international energy group and its directors in a claim exceeding RUB 10bn brought by minority shareholders seeking damages allegedly caused to a Russian subsidiary. The team successfully demonstrated that the alleged losses resulted from objective market developments and changes in industry regulation beyond the defendants’ control. The claim was dismissed by courts at all levels.
ЧитатьSanctions
Representing a leading international container transportation company (Russian entity) in a dispute initiated by a Russian claimant that had acquired receivables from a German counterparty. The claimant sought to invalidate an LCIA arbitration clause relying on Article 248.1 of the Russian Commercial Procedure Code. The team successfully demonstrated the validity and enforceability of the arbitration clause and the possibility of resolving the dispute before the LCIA, notwithstanding sanctions-related restrictions. The claim was dismissed without consideration.
ЧитатьDomestic Litigation
Representing one of Russia’s largest construction companies in a dispute against the Federal Treasury following an audit that alleged numerous construction violations and misappropriation of public funds exceeding RUB 5bn. The team successfully challenged the audit findings by proving procedural violations in the conduct of the inspection and demonstrating the client’s full compliance with applicable law and contractual requirements. The Treasury’s order was declared unlawful.
ЧитатьRepresenting a major insurance company in a RUB 2.8bn recovery claim arising out of the collapse of a large food distribution warehouse. Following payment of insurance indemnity to the warehouse owner, the insurance company pursued claims against the service provider responsible for maintenance of the warehouse racking system. The team successfully established causation between the inadequate maintenance of the racking system and the warehouse collapse. The court awarded the claim in full.
ЧитатьRepresenting a coalition of independent IT companies in a competition dispute against the dominant Russian search engine operator. The case concerned allegations that the defendant abused its dominant market position by favouring its own services in search results and advertising placements to the detriment of competitors. The team secured a settlement under which the defendant undertook measures aimed at ensuring equal competitive conditions for market participants.
ЧитатьDefending a Forbes-listed entrepreneur in a defamation and business reputation dispute arising from a coordinated media campaign involving the dissemination of false and damaging information in Russian and international media outlets. The team successfully obtained court findings that the publications were false and defamatory, secured their removal from public access, and achieved publication of corrective statements.
ЧитатьInsolvency
Securing the subordination of claims exceeding RUB 2.5bn filed by a creditor affiliated with one of Russia’s largest integrated oil and petrochemical groups in the insolvency proceedings of a contractor. The team conducted a comprehensive analysis of the parties’ relationships under a construction contract and identified a “profit centre–loss centre” arrangement implemented between the contractor and the customer. The team successfully established the parties’ de facto affiliation, resulting in the subordination of the creditor’s claims and a lower priority ranking in the distribution of the bankruptcy estate.
ЧитатьDefending creditors in the insolvency of a Russian mining and processing plant. The team developed a comprehensive insolvency strategy in a highly complex matter involving multiple stakeholder groups with competing interests, including creditor groups, tax authorities, banks and former shareholders. The strategy included asset substitution mechanisms, challenges to transactions entered into by former owners and selected creditors, and measures aimed at preserving the company’s mining licences and operational continuity, ultimately enabling the clients to achieve their strategic objectives in the insolvency proceedings.
ЧитатьCorporate and M&A
Representing one of the two shareholders of a major Russian medical equipment distributor in a shareholder dispute against the co-founder holding 50% of the business. Through a combination of litigation strategy and negotiations, the team successfully achieved a settlement under which the co-founder agreed to sell his share to the client.
ЧитатьDefending the parent company of an international energy group and its directors in a claim exceeding RUB 10bn brought by minority shareholders seeking damages allegedly caused to a Russian subsidiary. The team successfully demonstrated that the alleged losses resulted from objective market developments and changes in industry regulation beyond the defendants’ control. The claim was dismissed by courts at all levels.
Читать