Representation in Commercial (Arbitrazh) Courts and Courts of General Jurisdiction

The outcome of a case is largely determined by documents drawn up before it began. Contracts, acceptance certificates, correspondence, calculations and the parties' internal documents form the body of evidence, and its content limits the range of possible claims and objections. Work in court relies on an analysis of these documents: they are used to formulate the claims and to determine which facts will have to be proved.

Obtaining a judgment does not in itself mean that it will be enforced. During the proceedings, the debtor may change the composition of its assets and its ownership structure: interim measures, the state of the debtor's assets and the enforcement procedure are considered from the start of the case.

The applicable procedural rules depend on the category of case and the court: the Arbitrazh Procedure Code, the Civil Procedure Code, the Code of Administrative Court Procedure or the Code of Administrative Offences. A single conflict may involve organizations, their participants and individuals, in which case proceedings may be heard in different courts in parallel. The positions in these cases are aligned: findings in one case are used in another.

• Contractual disputesDisputes over the quality and scope of performance, set-off of claims, termination of a contract and return of what was received, and claims for inaccurate representations.
• Disputes between participants and the companyChallenges to resolutions of management bodies and to transactions, disputes over title to participatory interests and shares, claims against the company's executives, and expulsion of a participant. The body of evidence is built from the company's documents and the history of its management.
• Disputes with public authoritiesChallenges to decisions, actions and orders, and cases concerning administrative liability. Time limits for going to court depend on the category of case and may be short: the prospects are assessed immediately after the decision is received. The authority that made the challenged decision must prove its lawfulness; the applicant must prove that its rights have been infringed.
• Disputes in insolvency proceedingsInclusion of claims in the register and objections to other creditors' claims. The position is aligned with the overall strategy for participating in the case; work for creditors is carried out under the “Creditor Protection” service, and for debtors under the “Debtor Insolvency” service.
• Cases in courts of general jurisdictionDisputes involving individuals that the law assigns to the jurisdiction of the courts of general jurisdiction, including claims against sureties, disputes over spouses' property affecting business assets, and protection of business reputation outside the sphere of entrepreneurial and other economic activity.

• Opinion on prospectsA written assessment of the position with possible courses of action and the costs of each.
• Settlement materialsA letter of claim or a reply to one, and a position for pre-trial negotiations.
• Procedural documentsStatements of claim, responses, motions, questions for the expert, and appeals and cassation appeals.
• Attendance at hearingsRepresentation in the courts of first instance, appeal and cassation.
• Enforcement materialsAn application for a writ of execution and documents for presenting it for enforcement.

The outcome of the service is the work performed within the scope agreed with the client.

1. Materials

   The position is built on the documents and the circumstances of the case; the following points are relevant.

   • Dispute documentsThe contract, acceptance certificates, correspondence, calculations and other documents on which the claims or objections are based.
   • Case documentsThe demand received, the statement of claim, the court's procedural rulings and documents filed, if proceedings are already under way.
   • PartiesThe parties to the dispute, organizations and persons connected with them, and other cases involving them.
   • Client's objectiveWhat outcome is acceptable, and whether negotiations are possible and on what terms.
   • Upcoming datesReceipt of documents, scheduled hearings and known procedural deadlines.
   • Debtor's assetsKnown accounts, assets and counterparties, where recovery is sought.

2. Assessment

   On the basis of the materials, the strengths and weaknesses of the position, the risks and the possible courses of action are identified.

3. Plan

   For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.