Nikita Krasniy

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.

Defending J.P.Morgan subsidiary in a dispute against Sovcombank (a major Russian sanctioned bank). The client’s UK affiliate and the opponent entered into agreements under which the opponent was allegedly owed RUB 1.4bn. The funds were transferred to a blocked account. The agreements contain arbitration clauses and are governed by English law, but the claimant is seeking to recognise the exclusive jurisdiction of Russian courts as well as apply Russian law due to sanctions. The project is complicated by the fact that the claimant intends to recover the debt not only from the client’s UK affiliate, as a counterparty to the agreements, but also from a Russian bank that is part of the client’s conglomerate, however, has nothing to do with the agreements in question.

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.

Successfully defending the business reputation of Modum-Trans due to the fact that inaccurate, defamatory information was disseminated regarding alleged wrongdoing during the conduct of business by the client, its participants and management. To defend the client, we proved that the Telegram channel where the inaccurate information was published belongs to the defendant, a media outlet that had previously disseminated inaccurate information about the client.
Thanks to the team’s efforts, the disseminated information was recognised as inaccurate and defamatory, and was refuted and removed.

Defending a strategic company engaged in fishing for aquatic biological resources in a dispute on the invalidation of the conclusion of the Federal Antimonopoly Service of the Russian Federation that the client was under the control of a foreign investor.

Defending a Canadian website hosting provider in a dispute over copyright infringement on an information and news resource. As a result of the dispute, the parties entered into a settlement agreement on terms that were favourable for the client.

Successfully defending a lender in a dispute over removal of the receiver in the insolvency case of a major agricultural company. The Court of Appeal agreed with the client’s arguments that failing to file a petition for bringing controlling persons to subsidiary liability is the ground for granting the creditor’s complaint.

Successfully defending the secured creditor, one of the largest Russian commercial banks, in a dispute over challenging a fictitious energy supply for preservation of a bankrupt entity’s pledged property. Thanks to the team’s actions, the heating supplier abandoned the claims, allowing the secured creditor to receive a higher percentage of proceeds from the sale of the pledged asset at auction.

Representing the receiver in a dispute over bringing the former beneficiaries of an oil-extraction plant to subsidiary liability in the amount of RUB 3.5bn.

Advising a Russian major bank regarding arbitrations in the LCIA on the invalidation of agreements on the discharge of obligations of a counterparty in return for assignment of accounts receivable against affiliate and insolvent organisations.

Participation in the recognition of Russian Commercial Courts’ judgments on a trustee’s powers in Italy and Israel. Thanks to the team's efforts, foreign courts recognized the trustee's powers, and as a result, the trustee gained access to the debtor’s assets abroad.