Dispute Resolution - Services - Infralex

Services Dispute Resolution

Representation of our clients’ interests in all instances of the judicial system, including in the Constitutional Court of the Russian Federation, arbitration proceedings, including in the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce and international arbitration institutions.


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The digital rules

Newspaper "Kommersant " talked with the top representatives of the Russian legal services market (Artem Kukin, "Infralex" partner is among them) on issues of regulatory regulation of the industry and resonant disputes.


Is bank guaranty really independent?

Yulia Karpova, Partner and Head of Dispute Resolution Practice, shared her opinion with the participants of the conference "Judicial Practice 2017-2018" hold by "Pravo.ru"

Not a gift

Infralex partner Artem Kukin has commented to the website “Pravo.ru” on the case related to restructuring of debt (№ 305-ЭС16-12298). The courts of lower instances considered a debt relief as a gift agreement which is prohibited between commercial organizations. The Russian Supreme Court reversed this decision and explained the difference between gift and restructuring. The Supreme Court referred to the practice of the Higher Arbitrazh (Commercial) Court. 


2016 – Legal results

On the eve of the New Year Infralex traditionally has summed up the outgoing year. Infralex partners Artem Kukin, Alexey Popov and Artur Rokhlin have named the most important events in the legal area. The passing year is not marked by new fundamental laws, substantial precedents, “trials of the century”. The more notable amendments to the Russian Law will come into force on the 1st of January’2017: the new Law “On the State Registration of Real Estate”, the Law on titles to a car-parking space, the new provisions for challenging of companies’ transactions. These laws significantly affect the fundamentals of the economy and the regulation.


Economic decisions of the Russian Constitutional Court

Infralex took part in the newspaper “KommersantЪ”special project on choosing the most significant decision s of the Russian Constitutional Court in economic area. The decisions have been held for 25 years of the Court’s activity. The expert chose the 14 decisions related to taxes, right to housing, liquidation of companies, payment of damages to shareholders, courts of private arbitration. The today’s publication of the special project has been timed to the hearing of the case under the Ministry of Justice’s request. The Constitutional Court shall decide whether Russia must pay 1,9 bln euro compensation to formers YUKOS’s shareholders. The judgement about this compensation has been delivered by the European Court for Human Rights but the Russian Ministry of Justice believes that there are a number grounds for refusal to perform this judgement in Russia.


Value given clause stayed put

Infralex head of real estate practice Sergey Shumilov spoke yesterday at the conference“The Top-10 of Civil (Commercial) Cases” hosted by the newspaper “The Moscow Times”. A prominent dispute “Vimpelcom v. Tizpribor” concerning the office rental payments in respect of the growth of the dollar has got into the top ten of the outgoing year cases. Sergey Shumilov represented Tizpribor’s (an owner) interests in this litigation. In August the process completed with an amicable agreement of the parties. Yesterday Sergey Shumilov noted that in 2015-2016 this notable dispute wasn’t the only one related to the sharp growth of the dollar. The Russian courts dismissed every claim to apply the Article 451 of the Russian Civil Code and modify the terms of contracts. So the courts have confirmed their acceptance of the practice formed during the crises of 1998 and 2008.


Directors’ liability for damages

The magazine “KommersantЪ Vlast” has published today the article “With full liability for damages” by Infralex partner Artem Kukin and analyst Olga Pleshanova. The authors examine the Russian judicial practice related to holding liable of companies’ top managers. Now the liability for damages strengthens, the courts answer claims for damages more often. The experts are afraid that business can remain without leaders: few will risk all their assets. Additionally, directors' and officers' liability insurance is not developed in Russia. 


The court has forgotten about independence of guarantee

Infralex partner Artem Kukin has commented to the website “Pravo.ru” on the bank guarantee case ((№ 305-ЭС16-9887). The Arbitrazh (Commercial) courts of the first and cassation instances recovered 6 bln rub. unjust enrichment from Alfa- bank which had payed this amount to a beneficiary of the guarantee and written off money from the account of the principal. According to the courts the bank had not to pay under guarantee because there had been a dispute between the principal and beneficiary over the underlying obligation (a construction contract). The Russian Supreme Court corrected an error and stressed the guarantee independence from the underlying obligation. Artem Kukin believes that the guarantee independence provisions are “obvious”.


Supreme Court seeks for linits of contractual freedom

The Russian Supreme Court Plenary Session discussed yesterday the guidelines draft explaining general provisions of the law of obligations. A number of provisions adopted under reform of the Russian Civil Code came into force on the 1st of June’2015 and are considered as disputable. Infralex partner Artem Kukin took part in the expert discussion of the draft hosted by the website “Pravo.ru”. The experts noted that the Russian Supreme Court interprets the Civil Code new provisions subject to the bona fide principle, indicates the limits of discretion and freedom of contract, protects a weaker party to a contract including “b2b” relations.


Skyscraper «Mercury» reached out the courts

Infralex head of practice Sergey Shumilov has commented to the newspaper “KommersantЪ” on the litigations concerning the skyscraper “Mercury City Tower” construction in Moscow City. The courts in Moscow consider mutual claims of the Turkish developer “Rasen Stroy”, a general contractor of the project, and the main low level contractors – “Gartner”, “Thyssen Krupp Elevator” from Germany and “Yuanda” from China. “Rasen Stroy” claims from its contracting parties totally about 2 bln rub. in reply to the counter demands for debt for work performed by the low level contractors. The problems turned up in the period of the political conflict between Russia and Turkey which has been settled now. Sergey Shumilov believes that there’re some “management problems” inside “Rasen Stroy” itself. In June “KommersantЪ” reported about a criminal case against “Rasen Stroy” on the fact of 337 mln rub. tax evasion.


Does the limitation depend on good faith?

Infralex head of practice Sergey Shumilov has commented to the website “Pravo.ru” on a peculiar case of limitation. The courts of lower instances refused to apply the limitation on the motion of the party which seemed to abuse the right. The cassation court cancelled this decision and noted that the limitation doesn’t depend on bona fide. Sergey Shumilov believes it’s dangerous to put the limitation in dependence on such the subjective factors as good faith, abuse of right.


The big tender has brought to interim measures

Infralex partner Artur Rokhlin has commented to the newspaper “KommersantЪ” in Nizhniy Novgorod the interim measures adopted by the court on the request of the Federal Antimonopoly Service’s regional office. The court freezed the performance of four contracts with total amount of more than 1 bln rub providing replacement of elevators in local dwelling houses. The Antimonopoly Service considers the tender as non-competitive, litigates the results of the tenders and contracts which the Fund of the dwelling houses capital repair in Nizhniy Novgorod has been concluded with the tenders’ winners. 

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Competition Law Advising on economic concentration and the application of antitrust legislation, legislation on advertising, on foreign investment in Russian strategic enterprises, on government procurement. Representation of the clients’ interests. Infrastructure. Transport. PPP Legal support for PPP participants by both private investors and public entities that is the Russian Federation, Russian regions, municipals, entitled state corporations and state companies. Concepts for infrastructure projects structuring. Corporate Law and M&A Advising on corporate relations in overall economy, legal support for transactions including ones under foreign law, legal due diligence, corporate disputes resolution. Tax Law Advising on Russian and international taxation, tax risks assessment,  representation in administrative and judicial disputes with tax authorities. Real Estate. Land. Construction Advising on investments in capital construction, legal support for activity of developers, investors, contractors. Assistance in the registration of titles, real estate disputes resolution. Insolvency (Bankruptcy) Advising on the insolvency (bankruptcy) legislation and procedures related to individuals and legal entities including banks and other financial institutions. Legal support for bankruptcy proceedings.
Dispute Resolution Representation of our clients’ interests in all instances of the judicial system, including in the Constitutional Court of the Russian Federation, arbitration proceedings, including in the International Commercial Arbitration Court under the Russian Federation Chamber of Commerce and international arbitration institutions. Criminal Law and Procedure Advising of our clients and their representation and defense in criminal proceedings for tax crimes and other cases of corruption and economic disputes. Intellectual Property Advising on intellectual property related issues, drafting of agreements, legal due diligence of intellectual property, patent and trademark dispute resolution including non-use cancellation actions, assistance in registration.