Successfully defending Shell (Top-5 global oil companies) in insolvency proceedings against Mariysky Oil Refinery regarding a claim to challenge the debtor’s payments to our client of US$74m as unfair preference over other creditors. The case was complicated by payments being made within a month prior the bankruptcy and exceeding the limit of 1% of the debtor’s assets.
Representing the leading transport companies in Russia in the bankruptcy case of the Antipinsky Oil Refinery with the lenders’ claims totalling US$5bn. The successful defence against challenging transactions in favour of clients required the establishment of a precedent for recognising forced payments late after filing for bankruptcy as committed in the ordinary course of business.
Leading participation in the Metrostroy bankruptcy case. The project is critical, both for the continuation of the construction of the metro in St Petersburg and for the satisfaction of lenders’ claims through the return and sale of assets worth more than US$200m and subsidiary liability of the debtor’s shareholders.
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 US$307m 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$97m in total, we managed to achieve settlement of the dispute on the most favourable terms for the client.
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 one of the ten largest transport companies in Russia, in a dispute against the Department of Presidential Affairs of Russia, which claimed US$30m in compensation for harm caused by the client’s allegedly illegal privatisation and disposal of Russian real estate assets located abroad (UK, India, Portugal, Bulgaria, Finland).
Successfully defending T Plus, a major Russian company operating in the field of electricity and heat generation, in connection with Volga Paper Company’s claim for damages of US$11.5m arising out of the sale and purchase contract for a thermal power plant.
Successfully represented RBC for three years in seven separate disputes in the bankruptcy case of a former subsidiary (RBC Money payment system), including protection from subsidiary liability, challenging the sale of a business and payments (the total value of the disputes was in excess of US$63m).
Representing Raiffeisenbank in the case of the bankruptcy of a debtor with a debt of over US$53m secured by the pledge of a Russian shopping centre. The project was successfully implemented, despite disputes on subordination, unauthorised construction, invalidity of collateral and a chain of restructuring transactions.
Representing RBC, one of the largest Russian media holdings, in a dispute over a claim by Independent Oil and Gas Company (NNK) for the recovery of US$7.7m for damage to business reputation allegedly caused by an article published by RBC about a transactions between NNK and Rosneft. The firm’s efforts helped to defeat the claim against our client.
Representing Orion – a defendant in a corporate dispute (worth over US$13m) relating to the invalidation of an issue of shares in a Russian IT company and the challenging of the SPA. The claimant alleged that she was a beneficiary of the company and that the shares were disposed of without her consent. The claim was dropped.
Defending Sibanthracite Logistic in six interconnected disputes in the Moscow Commercial Court against Novotrans Group’s claims for recovery of fines totalling about US$9m for excessive idle time of railcars and excessive presence of railcars on the territory of foreign countries (Lithuania, Latvia, Finland, Belarus).
Representing Raiffeisenbank in a dispute over the demolition of a shopping mall (pledged in favour of the bank) based on the claim of a municipal authority. The parties entered into a lease agreement for a municipal land plot, which nullified the opponent’s claims, as the basis for its demolition claims was the lack of title to the land.
Representing a former shareholder of one of the leading research and production enterprises in the Chuvash Republic in a dispute over a claim for the recovery of over US$9.2m of the actual value of the share in the authorised capital of the company.
Successful defence of one of the ten largest transport companies in Russia and its senior executives in courts of all instances, including the Supreme Court of the Russian Federation, in three disputes on subsidiary liability for $7m …
Representing ING bank in a dispute initiated by Russian debt collectors over the recovery of damages allegedly caused by the client due to the alleged violation of the priority of satisfaction of the creditors’ claims, namely, the procedure for discharge of creditors’ claims if there is no sufficient money in the debtor’s account.
Representing one of the ten largest transport companies in Russia in a dispute initiated by the debtor’s receiver on challenging a debtor’s payments in the client’s favour of $1m made under lease and transport services agreements, which allegedly caused harm to the debtor. The court was persuaded by our arguments and dismissed the claim in full. The court of appeal upheld the judgment.
Representing a client in a dispute on bringing him to vicarious liability initiated by the debtor’s receiver, who stated that our client had not filed for the bankruptcy of the debtor in a timely manner and that he is therefore obliged to pay off the creditor’s claims. Through the firm’s efforts, the client avoided recovery of US$4m, which is a significant amount for a senior executive.
Representing clients (former members and directors of the company) in a major corporate conflict in order to restore lost control over the company and protect against the recovery of corporate losses under 12 parallel cases on challenging corporate decisions, transactions on the disposal of shares and assets, recovery of losses and subsidiary liability.
Representing Caterpillar Financial in 11 cases concerning claims issued against the Client by the Lessee for unjust enrichment which arose out of the redemption value of machinery.
Representing Yamal LNG (Russia’s largest liquefied natural gas plant, named Project of the Year by Forbes in 2018) in a dispute over the quality of aviation fuel.
Defending the client in a dispute over a claim by NLMK, the largest producer of rolled steel for the construction industry in Russia, regarding reclamation of a land plot owned by the client and invalidation of that plot’s sale and purchase agreement.
Providing UniCredit Bank with a complex legal and economic expert opinion regarding the debtor’s finance and assets on the date of the payment execution of more than US$4.2m in favour of the client in order to defend against the receiver’s claim challenging the payment which it alleges was executed when the debtor was insolvent
Defending Campina in insolvency proceedings on the receiver’s claim challenging payments by the debtor to Campina under a settlement agreement. The receiver stated that the transaction was made in unfair preference over other creditors. Thanks to the team’s efforts, the court dismissed the receiver’s claim in full.
Representing English court-appointed receivers Russian litigation proceedings related to the recovery of dissipated Russian assets worth US$5bn controlled by the Kazakh oligarch Mukhtar Ablyasov.
Representing a Russian industrial gas producer in litigation proceedings for the recovery of a US$120m debt under an onerous agency agreement entered into by the company’s previous…
Representing a Russian chemical producer in a corporate dispute in which shares where attached and the court’s jurisdiction was based on forged documents.
Representing the interests of JSC MDM Bank, JSC Rost Bank and LLC Politeks (BINBANK Group) as creditors with claims totalling RUB 6 billion in insolvency proceedings against two debtors located in Saint-Petersburg. The case includes a whole range of measures…
Representing a major chemical producer in several dozen litigations concerning a complex corporate dispute (invalidation of privatisation transactions dating back to the mid-1990s, return of shares, greenmail claims, disputes with administrative bodies relating to such greenmail claims, liaising and communicating with court bailiffs trying to seize the shares etc.).
Representing a German company in a series of litigations aimed at preventing the enforcement of an arbitral award.
Representing a Russian investment company in a dispute in relation to a 25 per cent share in a Russian mobile operator.
Representing a lender in an appeal against commercial court decisions to recover US$23m from…
Representing a port owner in a series of litigations concerning the amount of lease fees for lease of land from the state.
Representing the client in bankruptcy proceedings in relation to the responsibility of the debtor’s shareholder for its debts.
Representing a railway leasing company acting as lender in bankruptcy case against a rolling stock manufacturer, which was complicated by a sharp change in…
Advising the client in relation to a corporate dispute litigation relating to the appointment of a CEO in a Russian seaport.