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...
In the midst of pandemic, KIAP lawyers defended interests of the foreign trader in arbitration proceedings in LCIA against Polish buyer who refused to pay for the delivered by the Client goods. The whole procedure was conducted online.
Polish lawyers (WKB) assisted the Client to obtain interim measures in Poland in support of the future LCIA arbitration.
To avoid the liability, the...
KIAP lawyers represented the Client in a court dispute against a Bank arising out of first demand guarantees. The demand guarantees had been issued by the Bank to the benefit of the Client under the subcontract agreement. The counterparty of the Client did not perform its obligations under the subcontract agreement and refused to return an advance payment, to reimburse damages and to pay penal...
The distributor appealed to the Russian arbitration court with a demand to recover from the Belarusian company the discount on the contract not given to him. The total amount of the claims estimated 100 million rubles.
Such category of cases is extremely rare, and there is no uniform practice on the issue. During the consideration of the case, questions arose about the legal nature of th...
On August 6, 2020, the Ninth Arbitration Court of Appeal upheld the ruling of the Moscow Arbitration Court, obliging a large Russian Insurer to pay insurance indemnity in the amount of more than 70 million rubles under the insurance policy of the business risk in favor of the Insured (the Principal of KIAP, Attorneys at Law).
The dispute arose in connection with the untimely settlement by...
The dispute was related to the appeal of the decisions of the customs authority on the classification of goods according to the Foreign Economic Activity Commodity Nomenclature of the Customs Union (the FEACN of the CU).
Representing the interests of the importer, KIAP lawyers have managed to prove that the disputed tires were intended for vehicles and machinery used in construction, mini...
The Principal of KIAP, Attorneys at Law, who appeared as a contractor, engaged a subcontractor to perform part of the work on the building site. The subcontractor performed the work improperly, so the contract with it was terminated and the subcontractor had to recover of losses to the Principal of KIAP.
The subcontracting agreement stipulated that all disputes between the parties are sub...
The Principal of KIAP, Attorneys at Law, a European company specializing in the development, production and retail of sports goods for more than seventy kinds of sports and being represented in most regions of Russia, decided to terminate the lease agreement for premises in a large regional shopping and entertainment center. The owner of the premises, having no intention of losing a major lesse...
The Principal of KIAP had purchased and imported into the Russian Federation a passenger aircraft. During the customs declaring procedure the classification code of goods was specified based on the weight of the aircraft with the corresponding customs duty rate of 0%.
The Сustoms authorities considered the declared information unreliable and determined a different value for the mass of t...
OJSC "Lidskoe Pivo" (ААТ "Лідскае Піва"), the Belarusian manufacturer of popular Lidski kvass (a traditional rye-bread drink), had become aware of a locally manufactured kvass distributed in the Russian market under the same brand name "Lidksi". Furthermore, the infringer used similar bottle label designs. To defend the Client’s rights, KIAP lawyers applied to the Russian antimonopoly authorit...
The International Court of Arbitration at the International Chamber of Commerce (ICC) ruled in favor of the Principal of KIAP, Attorneys at Law.
The dispute under the ICC rules with the place of arbitration in Stockholm was conducted in English and concerned the violation by the Principal’s subcontractor of the deadlines of the construction works and it’s nonconformity. The subject of th...
In March 2019 International Commercial Arbitration practice lawyers of KIAP won a litigation at Vienna International Arbitration Center, representing the interests of a Russian client against an Italian equipment manufacturer. The dispute was related to the return of the advance payment under the supply contract and compensation for losses caused by the early termination of the contract.
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On March 5, 2020 the Moscow Arbitration Court ruled in favor of Insured (Principal of KIAP, Attorneys at Law) in a dispute with a major Russian insurer regarding the recovery under the insurance policy of the business risk.
The scheduled racing show based on the well-known movie franchise, organized in Russia by KIAP’s Principal, did not take place due to the bankruptcy of a foreign count...
The Principal of KIAP, Attorneys at Law, decided to terminate the lease agreement for the premises in the famous shopping center in Moscow. Due to the ambiguity of the provisions of the lease agreements, the lessor considered that the amount of the overpayment remaining at that time was his bonus for early termination of the new lease agreement, and the Principal was convinced that money were ...
KARL STORZ SE & Co. KG, a well-known German manufacturer of medical devices and instruments, had become aware of locally manufactured counterfeit single-use antibacterial filters supplied to a range of Russian healthcare institutions. The counterfeit items were marked with KARL STORZ designations.
The Arbitrazh (state commercial) Court of Chelyabinsk Region has established unlawful u...
The Federal Forestry Agency filed several claims against a large owner of farm lands in the Moscow Region to recover these lands from private ownership to federal property. The subject matter of an action was the allegedly misappropriation by the owner of the land of the Forestry Fund’s land plots, as well as a violation of rules for the use of land plots.
The case hearing lasted for...
OJSC “Lidskoe Pivo” (ААТ «Лідскае Піва»), the Belarusian manufacturer of Lidski kvass (a traditional rye-bread drink), had become aware of a locally manufactured kvass distributed in the Russian market under the same brand name “Lidksi”. Furthermore, the infringing product label designs were similar to the Client’s product labels that are protected in Russia as registered trademarks. It is not...
The associates of the Employment practice of KIAP represented on a pro bono basis the interests of the largest public organization in Russia and it’s subsidiary in disputes with the General Director and former employees who previously held senior positions.
The subject of several disputes comprised of the unreasonable demands of former employees for rewording the dismissal, reinstatement,...
KIAP lawyers provided legal assistance to Zvezda Shipbuilding complex within the preparation of documents and negotiations on the terms of the deal on the establishment of a joint venture with Samsung Heavy Industries. Zvezda Shipbuilding complex and Samsung Heavy Industries officially announced the establishment of a joint venture to manage construction projects at the SBC Zvezda with sh...
When crossing the customs border, the Principal of KIAP, Attorneys at Law, was detained by officers of the Sheremetyevo customs for, in their view, violation of the rules on importing goods for personal use into the customs territory.
Imported goods were seized, an administrative offense case was initiated and, as a result of consideration of which an administrative fine in the amount of...