Expertise/Litigation
Practice
The litigation practice specializes in representing businesses in commercial (arbitrazh) courts and courts of general jurisdiction, before arbitral tribunals and in international commercial arbitration.
We handle the resolution of commercial disputes, including the development of the legal position, pre-trial settlement, court proceedings and enforcement proceedings.
The main areas of work include the recovery of debts and damages, construction disputes and challenging transactions. Companies are represented in conflicts relating to the performance of contracts, financial settlements with counterparties, the quality of work performed and the validity of transactions; judgment creditors are also represented at the stage of enforcing court judgments.
Litigation strategy is built on a careful analysis of the facts of the case and the evidence. Experience in conducting disputes is combined with attention to the client's commercial interests, the prospects of the proceedings, possible costs and the conditions for enforcing the judgment.
Appeals against court rulings
Challenge
The lower courts granted the claims of the insolvency administrator and the creditors to hold the director of a bankrupt company personally liable for its debts.
What was done
The case was taken to the Supreme Court. The good faith of each management decision was proved, and the Supreme Court set aside the rulings of the lower courts.
Challenging Transactions
Challenge
Shortly before its insolvency, the debtor diverted its assets through a chain of formally independent transactions, each of which looked like an ordinary business operation.
What was done
The full chain was reconstructed, and the interconnection of the transactions and the invalidity of each link were proved. The assets were returned to the bankruptcy estate in full.
Recovery of Damages
Challenge
The former director caused losses to the company, expecting that it would not be possible to gather evidence: numerous transactions, a branching structure and blurred chains of cause and effect.
What was done
A systematic analysis was carried out: the chronology of decisions was reconstructed, the link between the transactions and the damage was identified, and bad faith was proved. The damages were recovered in full; the court granted the claims without any reduction.
Defence against challenges
Challenge
There were attempts, by challenging transactions, to bring the client's property – acquired, paid for and in commercial use – into the bankruptcy estate of an insolvent counterparty.
What was done
The legal position was built on the independent nature of the client's ownership. The court dismissed all the claims challenging the transactions, and the assets were retained in full without concessions or settlement agreements.
Challenging resolutions
Challenge
The majority participant systematically blocked the distribution of profits by voting at the general meeting. The company was generating income, but the minority participant did not receive its share of the profits.
What was done
The general meeting resolutions were challenged. A mechanism compelling the distribution of profits was implemented through the courts.
Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.
