About the practice:

We always strive for the fast and efficient resolution of a dispute. Settlement is a perfect way to reach a compromise in a short time with minimal cost for the client.

Over the last five years, we have achieved more than 17 settlements on favourable terms for our clients.

We provide the following mediation-related services:

  • development of a settlement strategy
  • negotiation
  • preparation of a settlement agreement and other necessary submissions
  • providing approval of a settlement or other documents (waiver of claim, recognition of claim, award on agreed terms, etc.) in court
Reviews:

“For a year of work on the project, we did not have a single hitch on organizational issues, not a single agreed condition was violated, which allowed us to feel that the fate of our project was in good hands and we can rely on KK&P for any matter”The Legal 500, 2021

“The team is excellent to work with – it remains innovative and responsive to the tightest of deadlines”
The Legal 500, 2020

“Very often, lawyers speak their own legal language rather than the language of business – KK&P Trial Lawyers is a pleasant exception. When a client does not understand the intricacies of the legal process, this can be particularly reassuring”
The Legal 500, 2020

“… meticulous attention to detail of every single document and piece of evidence”
Chambers Europe, 2020

“The team is praised for its very thorough and detailed work on each and every aspect of the case”
Chambers Europe, 2019

“The approachable, pragmatic team at KK&P has excellent litigation capabilities and an innovative mindset, and finds creative solutions to difficult, high-stakes issues”
The Legal 500, 2018

“They are driven by the client’s success. They invest time to understand the client’s situation and desired result”
Chambers Europe, 2017

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Projects:

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.
LCIA
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.