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LITIGATION

COURT AND ARBITRATION (COMMERCIAL) COURT PRACTICE IS AN UNDERLYING FOCUS OF THE PROFESSIONAL ACTIVITIES OF THE LAW FIRM.

LITIGATION

COURT AND ARBITRATION (COMMERCIAL) COURT PRACTICE IS AN UNDERLYING FOCUS OF THE PROFESSIONAL ACTIVITIES OF THE LAW FIRM.
The lawyers in this field are professionals with a wide-ranging experience of exemplary court practice.
Our team of lawyers are highly competent in the resolution of disputes in both general courts and arbitration (commercial) courts at all levels, and are experienced in preparing pleadings and giving presentations for the Constitutional court of the Russian Federation, and in preparing legal positions for international justice arenas.

RANKINGS:

PRAVO.RU-300 2019
  • Group I: Arbitration proceedings (high market, 2019);
  • Group I: Dispute resolution in courts of general jurisdiction (2019);
  • Group II: Arbitration proceedings (2018, 2017).
KOMMERSANT 2020
  • #3 on market - Russian arbitration: corporate dispute resolution: high-end;
  • #4 on market - Financial and banking sector: resolution of key disputes in banking, investment and insurance services;
  • #7 on market - Russian arbitration: commercial dispute resolution: high-end band 1.
THE LEGAL 500 EMEA 2020
  • RESTRUCTURING AND INSOLVENCY
Kovalev, Tugushi & Partners handles contentious bankruptcy-related matters and asset recovery issues; its team has extensive litigation experience. For cross-border work, the group is also adept at providing advice on Russian law issues relating to proceedings abroad.
IFLR1000 2021
  • RESTRUCTURING AND INSOLVENCY
#1 Tier of the Federal ranking «Leadership in disputes» among firms with over 30 cases
I
#2 by average claim amount firms with over 30 cases
II
#4 by claim amount for all disputes (on market)
IV

SELECTED EXPERIENCE

  • Representation of Client's interests in the Moscow Arbitration Court under a lawsuit for the reimbursement of loss against the management of Promsvyazbank PJSC in the amount of RUB 282 bln.
  • Represents the client's interests in the dispute: charge of 104 billion rubles withdrawal from Bank.
  • CLIENT: the large Russian MANUFACTURING HOLDING COMPANY. Runs a landmark case the main distinctive feature of which is that the Prosecutor's General Office of the Russian Federation has never requested the Supreme Court of the Russian Federation for changing the territorial jurisdiction of the dispute before, with respect to civil disputes; however the Supreme Court of the Russian Federation refused the Prosecutor's General Office to change the territorial jurisdiction. The Court of Appeal also cancelled the seizure of the accounts and property of the development group of companies approved by the court of first instance. The lawyers have prevented the risk of erosion of business activities of the whole development group and the economy of the whole industry in the Far East.
    The total amount of claims is over $0,5 bln – RUB 33 bln.
  • Representation of interests of a Group company (Client), who issued bonds for an amount of over RUB 17 bln, in the dispute related to debt recovery by a representative of bond owners within the bond issue.
  • Representation of interests of a group of companies in disputes with a large Russian bank for the recovery of debt under loan agreements. The amount of debt under the agreements including penalty: RUB 11.5 bln.
  • Protection of interests of a former member of the management board of a commercial bank in a case with regards to bringing to subsidiary liability. The amount of outstanding claims of Debtor's creditors: RUB 9 bln.
  • Defense against the challenging of a marriage contract between the Client and its wife by a large bank. The cost of the property (shares and participation interests in companies, real estate, works of art, etc.) distributed under the marriage contract: RUB 5 bln.
  • REPRESENTING A RUSSIAN COMPANY REGARDING LAND OWNERSHIP IN THE CENTER OF MOSCOW BEING ENTITLED IN THE RESULT OF PRIVATIZATION AND FURTHER TRANSACTIONS. THE PROJECT INVOLVED COURT PROCEEDINGS IN COURTS OF COMMON JURISDICTION AND COMMERCIAL COURTS WITH THE TOTAL AMOUNT CLAIMED RUR 1 BILLION (USD 14 MILLION).
  • REPRESENTING THE MAJOR DISTRIBUTORS ROSENERGOSBYT AND ROSENERGORESURS AS WELL AS MAJOR ENTERPRISES OF THE ALUMINIUM INDUSTRY IN THE DISPUTE REGARDING SPOTS OF ELECTRIC POWER SUPPLY (THE LAST MILE PROBLEM) WITH THE TOTAL AMOUNT CLAIMED MORE THAN USD 5 BILLION.
  • REPRESENTING A COMPANY WITH STATE PARTICIPATION IN A DISPUTE ARISING OUT OF THE BRIDGE CONSTRUCTION CONTRACT WITH THE TOTAL AMOUNT CLAIMED RUR 2.4 BILLION.
  • FULL-SCALE REPRESENTING IN A DISPUTE REGARDING WITHDRAWALS FROM THE GENERAL PARTNERSHIP AGREEMENT BETWEEN A PRIVATE ENTERPRISE AND A STATE COMPANY IN ST. PETERSBURG, ASSETS VALUE: RUR 1.7 BILLION.
  • REPRESENTING A LARGE DEVELOPER IN A DISPUTE AGAINST AN ELECTRICITY RETAIL COMPANY REGARDING NON – TREATY CONSUMPTION, TWO DISPUTES WITH TOTAL AMOUNT CLAIMED RUR 1.5 BILLION.
  • REPRESENTING AEROFLOT PJSC IN A HIGH – PROFILE DISPUTE WITH TRANSAERO JSC REGARDING TRANSFER OF FLIGHT OPERATIONS RIGHTS FOR 52 DIRECTIONS.
  • REPRESENTING AEROFLOT PJSC BEFORE THE SUPREME COURT IN A DISPUTE AGAINST THE MOSCOW UNITED POWER GRID COMPANY REGARDING NON – TREATY CONSUMPTION WITH THE TOTAL AMOUNT CLAIMED: RUR 0.12 BILLION.
  • REPRESENTING AEROFLOT PJSC IN A HIGH-PROFILE DISPUTE REGARDING DISCRIMINATION OF A CABIN CREW'S MEMBERS.
  • THE FULL – SCALE ASSISTANCE FOR BUSINESS AND REPRESENTING AEROFLOT PJSC, THE MAJOR RUSSIAN AIRLINE COMPANY, IN HIGH-PROFILE LITIGATIONS IN POWER SECTOR, PROCUREMENT, AND EMPLOYMENT.
  • REPRESENTING THE LARGEST ALUMINUM PRODUCER IN A DISPUTE ON CHALLENGING THE RESOLUTION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION REGARDING THE ELECTRIC POWER WHOLESALE MARKET REGULATION BEFORE THE SUPREME COMMERCIAL COURT.
  • REPRESENTING A MOSCOW REAL ESTATE DEVELOPER IN A MULTIJURISDICTIONAL DISPUTE (INCLUDING REMEDIES AGAINST IMPOSED RECEIVERSHIP) OUT OF LOAN AGREEMENTS WITH THE TOTAL AMOUNT CLAIMED MORE THAN USD 40 MILLION. THE JURISDICTIONS INVOLVED WERE THE BVI, RUSSIA, SWEDEN, VIETNAM.
  • REPRESENTING THE VICE PRESIDENT OF THE INTERNATIONAL BOXING ASSOCIATION AND THE HEAD OF THE EUROPEAN BOXING CONFEDERATION IN DISPUTES ON REMOVAL FROM OFFICE BEFORE CAS (LAUSANNE), CIVIL AND CRIMINAL COURTS OF THE SWISS
  • REPRESENTING ONE OF THE LARGEST MOSCOW DEPARTMENT STORES REGARDING CHALLENGING CADASTRAL VALUE OF ITS PROPERTY. THE VALUE WAS REDUCED TO RUR 15 BILLION.
  • REPRESENTING A DEVELOPER REGARDING LAND TAX RATE PAYMENTS BEFORE THE HIGH COURT OF THE RUSSIAN FEDERATION
  • REPRESENTING A MEMBER OF AN LLC, AN OWNER OF REAL PROPERTY IN MOSCOW, IN A DISPUTE ON REPAYMENT OF THE SHARE'S REAL VALUE.
  • REPRESENTING ASSET MANAGEMENT COMPANIES IN DISPUTES WITH NON – STATE PENSION FUNDS ARISING OUT OF TRUST AGREEMENTS FOR PENSION SAVINGS, PENSION RESERVES AND PERSONAL FUNDS OF PENSION FUNDS. THE DISPUTES AROSE AS A RESULT OF THE DECLINE IN THE MARKET VALUE OF THE ASSETS IN THE CRISIS PERIOD AND CONCERNS THE ALLOCATION OF THE BURDEN OF PROOF BETWEEN PENSION FUNDS AND ASSET MANAGEMENT COMPANIES, AND THE APPLICATION OF LEGISLATIVE PRINCIPLES OF PROFITABILITY AND PRESERVATION.
  • REPRESENTING CREDITORS AND RUSSIAN EMITTERS OF DEBENTURE BONDS IN DISPUTES REGARDING THEIR DEFAULTS.
  • REPRESENTING THE RUSSIAN SUBDIVISION OF THE LARGEST PUBLISHING HOUSE CONDE NAST (VOGUE, GQ, TATLER MAGAZINES) IN A DISPUTE REGARDING ADVERTISEMENT PLACEMENT.
  • REPRESENTING THE EUROPEAN DEPARTMENT OF A JAPANESE PRODUCER OF INDUSTRIAL EQUIPMENT IN A DISPUTE WITH A RUSSIAN PRODUCER OF FROZEN FOOD ON INDEBTEDNESS RECOVERY OUT OF A COMPLEX CONTRACT. THE TEAM WAS RESPONSIBLE FOR CLAIMS SETTLEMENT, COMMENCEMENT, AND PARTICIPATION IN LITIGATION. THE TEAM PERFORMED A REMEDY AGAINST A COUNTERCLAIM IN WHICH AMOUNT WAS REDUCED BY HALF.
  • REPRESENTING A SHAREHOLDER OF A RUSSIAN AVIATION COMPANY IN A DISPUTE REGARDING CESSATION OF MEMBERSHIP AND REPAYMENT OF THE SHARE'S REAL VALUE IN THE AMOUNT OF RUR 0.2 BILLION.
  • REPRESENTING A HONG KONG TOURIST AGENT IN A DISPUTE WITH A MAJOR RUSSIAN AIRLINES COMPANY ARISING OUT OF A CHARTER CONTRACT FOR AN AIRPLANE BEFORE THE INTERNATIONAL COMMERCIAL ARBITRATION COURT INCLUDING CLAIMS SETTLEMENT, ARBITRATION ITSELF AND DISPUTE SETTLEMENT ON FAVORABLE TERMS FOR THE CLIENT.
  • REPRESENTING THE LARGEST RUSSIAN AVIATION HOLDING IN A FEW DISPUTES AGAINST THE RUSSIAN DEFENSE MINISTRY WITH THE AMOUNT CLAIMED MORE THAN RUR 0.6 BILLION.
  • REPRESENTING A DPRK (THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA) SEA PORT IN A DISPUTE ON RECOGNITION AND ENFORCEMENT OF A DPRK COURT JUDGMENT ON DAMAGES RECOVERY FROM A RUSSIAN INSURANCE COMPANY. THE SUFFICIENT EVIDENCE WAS SUBMITTED TO THE COURT CONFIRMING A DUE NOTICE OF A PARTY REGARDING FOREIGN PROCEEDINGS THAT LED TO SUCCESSFUL RECOGNITION AND ENFORCEMENT OF THE JUDGMENT.
  • FULL SCALE REPRESENTING THE WORLD, KNOWN SWEDISH PRODUCER OF PACKAGING EQUIPMENT, IN DISPUTES ON DEBT RECOVERY AGAINST MANY DEBTORS IN DIFFERENT COURTS (MOSCOW, MOSCOW, ROSTOV, SMOLENSK, KALUGA, BRYANSK, ORENBURG REGIONS, KRASNODAR, KRASNOYARSK TERRITORIES, DAGESTANI AND BURYAT TERRITORIES).
  • REPRESENTING A FEDERAL CITY IN AN AD-HOC ARBITRATION IN A DISPUTE OUT OF A CONCESSION AGREEMENT, NON-ENFORCEABILITY OF AN ARBITRATION CLAUSE WAS PROVED CONTRARY TO CASE LAW.
  • FULL-SCALE REPRESENTING OF A WORLD-FAMED INSURANCE GROUP IN A DISPUTE OF INSURANCE CLAIM RECOVERY OUT OF COMMERCIAL CREDITS INSURANCE CONTRACTS WITH THE TOTAL AMOUNT CLAIMED MORE THAN RUR 0.2 BILLION.
  • REPRESENTING ONE OF THE WORLD'S LEADING MAGAZINE PUBLISHING HOUSES IN A HIGH – PROFILE DISPUTE ON DEBT RECOVERY IN ADVERTISING BUSINESS.
  • REPRESENTING THE WORLD'S LARGEST PRODUCER OF ARTIFICIAL RUBBER IN A TAX DISPUTE REGARDING CHALLENGING A TAX AUTHORITY'S DECISION ON THE CHARGING OF AN UNJUSTIFIED TAX PROFIT.
  • REPRESENTING ONE OF THE LARGEST BEER PRODUCERS IN A DISPUTE ON RECOGNITION AND ENFORCEMENT OF AN ICAC'S AWARD.
  • REPRESENTING THE WORLD GIANT OF MACHINERY IN RECOGNITION AND ENFORCEMENT OF A ROMANIAN COURT'S JUDGMENT IN RUSSIA.
  • REPRESENTING ONE OF THE MAJOR INTERNATIONAL DEVELOPERS IN A DISPUTE REGARDING APPLICATION OF INTERIM MEASURES TO SUPPORT LCIA ARBITRATION.
  • REPRESENTING A LARGE LANDOWNER IN THE MOSCOW DISTRICT REGARDING THE DECLARATION OF TITLE TO GAINING LAND PLOTS IN THE RESULT OF PRIVATIZATION.
  • REPRESENTING THE RUSSIAN FEDERATION, AND THE BOXING FEDERATION OF RUSSIA IN A DISPUTE ON CONDUCTING THE WORLD CHAMPIONSHIP BEFORE THE COURT OF ARBITRATION FOR SPORT (CAS) (LAUSANNE).
KEY CONTACTS
E-mail: BESTLAWYERS@KTAPLAW.RU
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