PRACTICES

Litigation

Commercial disputes

Corporate disputes

Public law disputes

Arbitration proceedings

Commercial disputes
Corporate disputes
Public law disputes
Arbitration proceedings

The Litigation practice plays a crucial role in the operation of Lex Borealis as we represent our clients across all stages of the legal process, types of courts, and support enforcement proceedings. Our team focuses on challenging commercial and corporate disputes, including those related to contractor, supply or leasing agreement performance.

Additionally, we are extensively experienced to represent customers in court or pre-trial stages of public law disputes (customs, tax authorities etc.) or various inspections.

Upon request, our network of correspondent firms in the UK is able to help arrange representation in disputes under the laws of England and Wales, including major international commercial arbitration courts.

A dispute to recover the cost of permanent improvements made to the leased premises as the customer was leaving the Russian market.
Successfully represented the interests of the British company Unified Investments Ltd in all courts in the case of a bankruptcy trustee challenging a loan agreement concluded between the borrower and the company in the amount of 3 million pounds sterling (as part of the borrower's bankruptcy).
Recognition and enforcement of the London Court of International Arbitration (LCIA) decision to recover approximately GBP 7 million as debt under a loan agreement in favor of Unified Investments Ltd (UK) from insurance company Rostra and the sureties. While the international arbitration court decision was recognized and enforced in Russia, the defendants' arguments about the decision being contrary to public policy and the London International Arbitration Court violating the party notification procedure, were rejected.
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Building a technical case and participating in the preparation of Russian law based written statements to represent international contractor Iberdrola Ingeniería y Construcción in the International Chamber of Commerce (Paris) adjudicating a dispute with OGK-5 under a EPC contract to construct a new power unit at Sredneuralsk State District Power Plant, resulting in a settlement.
"Shchekino State District Power Plant" – a corporate dispute to recover the actual share value from the company due to the withdrawal of one participant.
Debt collection under a client partnership agreement in view of sanctions restrictions (client’s identity confidential).
Successful representation of Global Credit Reserve’s minority creditor in a claim challenging a majority creditor’s decision to sell a single RUB 250 million asset for RUB 2, with customer’s interests protected in all instances, including the Supreme Court of the Russian Federation
Representing TD Zolotye Kupola 2000 in a dispute with a contractor to collect a RUB 300+ million debt under a contractor agreement. The claim was fully rejected due to failed quality requirements for a gated estate construction.
Successful representation of a major Spanish bank, Banco Santander, S.A., in a dispute with one of the leading Russian wholesale electricity and thermal energy producers Enel Russia, to recognize and enforce an international arbitration fund recovery decision.
Successful representation of VFS Vostok in a counter obligations balance case against a leaseholder post a lease agreement termination, resulting in RUB 22 million loss prevention for the customer.
Appeal to the Decisions of Sheremetyevo Customs and the Federal Customs Service of the Russian Federation and recovery of customs VAT from the state, unreasonably withheld by Sheremetyevo customs, assessed on RUB 200+ million medical equipment imported to Russia, for Nobel Biocare Russia, a subsidiary of the Swedish global leader in dental implant and equipment manufacturing. Customs authorities’ decisions to refuse excess customs VAT refund successfully appealed in court with positive awards by all courts, including the Supreme Arbitration Court of the Russian Federation. The litigation resulted in full recovery of the claimed VAT amounts.
Representing a multi-industry chemical enterprise Korund-Cyan in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, in a RUB 272 million claim arising from a currency swap of Raiffeisenbank, resulting in a settlement.
Collection of RUB 60+ million in favor of Torgovy Kvartal - Novosibirsk from the contractor as a proportionate reduction in the cost of works and the cost of accepted but incomplete works.
Successful challenge of the cadastral value of land plots in Moscow for watch manufacturer Slava (the Second Watch Factory).
Successful representation of White Sale Realty to challenge a state registration of real estate mortgages refused by the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow.
Successful representation of VFS International AB as defendant, in the claim of Lorens to recognize ownership of leased assets and recover RUB 8 million in damages. The legal case we developed in this litigation led to a settlement where the plaintiff waived monetary claims against the customer and purchased leased assets at the price pursuant to the leasing agreement.
Returning equipment to an international leasing company from a “bona fide buyer” through multiple lawsuits, initiated criminal case, and prompt interaction with two bailiff service branches.
Successful representation of a gated estate developer in a 30+ plaintiff class action to recover approximately RUB 40 million as a proportionate reduction in residential property and land plots purchase price, and emotional damages.
Representing a large Russian agricultural producer during land and environmental legislation compliance inspections initiated by law enforcement agencies (prosecutor's office), state and municipal control bodies, as well as in administrative proceedings (30+ cases), subsequently challenging its outcomes in court. All court rulings implying RUB 7+ million in fines reversed and affirmed by appeal and cassation bodies.
Representing housing and utilities market operators while simultaneously appealing hundreds of administrative liability actions. Over 70 per cent of administrative bodies decisions, implying approximately RUB 6 million in fines, reversed.
Debt collection from counterparties of Nobel Biocare Russia, a subsidiary of the Swedish global leader in dental implant and equipment manufacturing (50+ cases managed simultaneously), with 95 per cent of positive awards.
Successful representation of Gracio Investments Ltd, a creditor in a bankruptcy case, to include a RUB 295 million property backed claim to the debt ledger. Court litigation revealed creditors allied with the debtor attempting to challenge the transaction serving as our customer’s claim base. We managed to defend the customer’s claims, despite the said attempts to challenge a pledge transaction.
Successful protection of interests of international contractor Iberdrola Ingeniería y Construcción S.A. in a dispute with an administrator of one of the Russian contractors to invalidate a contractor agreement termination stipulating mutual “waiver” of debt between the parties.The dispute resulted in RUB 20 million in customer loss prevention.
Successful defense of the debtor's former manager in an administrator claim for RUB 130+ million in subsidiary liability for violating the obligation to transfer accounting documentation to the manager and submit debtor's bankruptcy notice to the court.
Representing Investstroy in a bankruptcy case to challenge fictitious claims lodged by creditors allied with the bankrupt based on valid and legal court rulings. We defended the customer’s interests in the Supreme Court of the Russian Federation, precluding the said creditors from influencing the bankruptcy process.
Successful representation of Gracio Investments Ltd in a dispute to recover an approximately RUB 449 million debt for non-payment of a share in a sold company.
Successful representation of Abak-2000 group in an arbitration court (the Arbitration Center under the Russian Union of Industrialists and Entrepreneurs) as a defendant, where a thoroughly built case and attention to detail resulted in the fine for violating contract term reduced from RUB 9 million to RUB 70,000.