As part of the bankruptcy case, the creditor's application about inclusion of RUB 60 million in the register of creditors' claims was satisfied. Despite the fact that KIAP associates consistently insisted that the creditor was affiliated with the debtor and that no evidence existed that the loan was real, the appellate court left the order unchanged.
In the court of appellate instance KIA...
Proceedings in a bankruptcy case revealed a prenuptial agreement provision that allowed the debtor, at his sole discretion, at any time foreclose from the bankruptcy estate three-quarters of the property by submitting a petition for a divorce with his spouse. After the divorce petition was submitted, the debtor's financial receiver filed a claim into the court that a separate provision of the ...
In the 1st half of 2022, multiple Russian companies encountered the blocking of their money transfers via foreign banks. Foreign authorities substantiated similar blocks by inclusion of money recipients or their banks into the designated persons lists.
Finding itself in the straits when a payer was unable to de-block or refund the blocked funds, and a creditor did not obtain the money, e...
As part of the bankruptcy case of a major construction company, the debtor's controlling entities were held vicariously liable for the company's obligations. However, while the application for bringing the debtor's controlling entities to vicarious liability was being considered, the courts in concurrent disputes granted the applications of new creditors for inclusion in the register, thereby ...
A Principal of the KIAP Law Firm participated in the proceedings in an Austrian court on the defendant's side. Following consideration of the case, the court declined to grant the plaintiff's requests, awarding the Principal of the KIAP Law Firm court costs totaling more than RUB 3.6 million. The KIAP Law Firm's attorneys were tasked with ensuring that the Austrian court's ruling be recognized...
Secondary liability claims for RUB 900 million were filed against a director of a group company. Our Law Firm intervened in the case in 2019. By the time, the dispute had lasted for a year and a half, and included 4 secondary liability claims. The Administrator successfully challenged a number of the debtor’s transactions. Later, the fifth claim was filed. As a result, the court considered a b...
Some countries may reject visa applications from Russian nationals due to the concerns that, fleeing from mobilization, they would not want to leave the country after their visa has expired.
One of KIAP's clients found himself in a similar situation. He was admitted to a university in New Zealand and was planning to study there. But applying for a student visa turned out to be a complic...
KIAP, Attorneys at Law, helped the largest Russian reinsurance company to prevent an attempt to illegally claim a premium of more than 300 million roubles under the obligatory reinsurance contract.
The reinsured applied to the Moscow Arbitration Court with a demand to terminate the obligatory reinsurance contract and return the entire premium, believing that the reinsurer had violate...
A Russian distributor of pharmaceuticals has claimed penalties for the violation of its rights to priority distribution of pharmaceuticals in Russia from a foreign pharmaceutical manufacturer.
During the court proceedings, our lawyers managed to prove that the Russian company had a framework related to the priority distribution of pharmaceuticals, that the foreign manufacturer did not v...
The US and Swiss oil trading companies, represented by KIAP, faced hardship and force majeure circumstances performing their contractual obligations before the largest Russian petrochemical companies and foreign terminals. KIAP lawyers secured settlement of all the disputes.
In 2022, the Clients failed to perform the obligations to purchase the goods from the Russian suppliers, as well ...
The dispute arose when the Client’s foreign subcontractor resisted a set-off of claims. Consequently, the subcontractor initiated an ICC arbitration to recover several million of euro of the warranty sums retained by the Client.
In the course of the arbitration proceedings, KIAP showed that the subcontractor had breached the contract, that the penalty should be charged, and that the...
KIAP is currently representing a foreign construction company in an ICC arbitration seated outside Russia. Following the initial respondent’s reorganization, the arbitration is being pursued against a Russian bank which is a 99,9% subsidiary of one of the largest state-owned Russian banks. Both banks are subject to US, UK, and EU sanctions.
Subsequent to the events of February 2022,...
The Swiss company applied for the protection of their interests in a dispute to recover a debt from a Slovak company under a freight forwarding agreement in arbitration in Switzerland (currently the name of the institution is the Swiss Arbitration Center - https://www.swissarbitration.org/).
The defendant argued on all issues - argued that the arbitration clause was unenforceable, argued...
The client of KIAP, an ex-top manager of a large construction company, is the defendant in the case of bringing him to subsidiary liability in the bankruptcy case of a construction company. In this case, the interests of the Principal are also represented by the KIAP lawyers.
A number of persons decided to take advantage of the company's bankruptcy situation, falsified documents for...
KIAP client, Russian Investment Company, during the bidding process, has got debt on the company’s sales credit agreement, which is on the list of one of the biggest banks in Russia.
Besides the efforts for debt calculation correctness, KIAP lawyers faced the necessity to deny causes for limitation of action terms and also to prove the penalty’s declared amount shortage. As a result, the c...
Several months ago, the KIAP lawyers collected a penalty in the amount of more than 5 million US dollars from the ICAC at the CCI of Russia. Further struggle in the Moscow Arbitration Court. The debtor tried to cancel the decision of the ICAC at the CCI of Russia and prevent the issuance of a writ of execution for public order. However, KIAP's lawyers managed to defend the decis...
KIAP Attorneys at law corporate practice team has followed “еCredit” transaction of selling 25% shares to Yandex.
The platform “еCredit”, founded by Kirill Larin in 2016 helps car dealers and car brands to sell them on credit. This service gives opportunity to see all offers in one window without any needs to request on the sites of all banks.
As it was informed earlier by the side...
Foreign supplier (client of KIAP) suffered damages due to the buyer's breach of its contractual obligation to purchase an obligatory minimum amount of goods. The underlying contract provided for contractual penalty in the amount of 50% of price of non-purchased goods; the amount of penalty exceeded 5 mln US dollars.
KIAP lawyers represented the client in arbitration in ICAC (Moscow)...
KIAP’s Corporate and M&A practice team supported the sale by the Banki.ru’s founders of their share in the company. The portal was founded by Philip Ilin-Adaev, his brother Kirill Ilin-Adaev and his spouse Elena Ischeeva, who owned 60% of the business. Another 40% of Banki.ru belongs to the Russia Partners fund. The buyer of the founders' share appeared the Elbrus Capital investment fund i...
The Russian Federation, represented by the Federal Customs Service, applied to one of the district courts of the city of Moscow with a claim to recover damages from an official of a lower customs authority by way of recourse.
As the basis for the stated claims, the plaintiff pointed to the adoption by this official of a decision that entailed losses for a participant of foreign econ...