The Russian practice of Berwin Leighton Paisner
(BLP), an award-winning international law firm
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Dispute resolution

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Goltsblat BLP combines proficiency at handling complicated legal cases, an ability to provide creative solutions, and an understanding of clients’ business needs and goals

Legal 500 EMEA 2015

Shareholder disputes

Successfully represented Caterpillar NI (formerly FG Wilson) to have its claims included on the register of ADD Group creditors. The claims under an English law guarantee (for the first time in Russian court history) amounted to over USD 6 m. more deals

Successfully acted for Caterpillar Financial  in disputes over leasing agreements being recognized as invalid as bearing features of major transactions and interested-party transactions initiated by participants in/founders of the leasing recipients.

Construction

Acted successfully for AKFEN in a case relating to a suit brought against the Moscow Government for recovery of circa USD 6 m in losses resulting from impossibility of implementing an investment project. more deals

Successfully represented IFK LKB Invest in a case for recovery of more than RUB 168 million debt under an interest free loan agreement and of interest on use of the loan against Sibacademstroy in the Supreme Commercial Court of the Russian Federation, despite an evident violation of the law and the legal positions of the Russian SCC committed by lower courts.

Acting as counsel for a Russian property developer in a dispute with the main contractor on an iconic Moscow office building. The dispute involves complaints about the interpretation of refund guarantees and performance bonds. The damages are estimated at a sum in excess of US$100 million (ICC).

Advising Oriflame in a dispute with a contractor over defects in a constructed facility. The result was an amicable settlement on terms favourable for our client.

Winning the case for Stockmann Russia in St.Petersburg Arbitration Court against a third party in relation to constructual claims to change the building after state registration, with possible significant costs.

Real estate disputes

Acting for McDonald’s LLC in a case for recovering RUB 30 m from a shopping mall owner who refused to sign the principal lease for siting a restaurant, even though pursuant to a preliminary lease with the shopping mall owner, McDonald’s LLC overhauled the premises, making considerable investment. Goltsblat BLP lawyers developed a legal strategy in order to overrule this negative judgement and recover damages from the mall owner. more deals

Goltsblat BLP lawyers represented Sportmaster in the appeal court in order to obtain a reversal of the decision of the first instance court, which recovered a multimillion sum from our client. The sum in dispute concerns a lease taken out by our client. The lessor’s title in the premises was challenged by the claimant after the lease was concluded. Under the decision of the first instance court, this company and our client should have jointly reimbursed the claimant for its lost income. Thanks to our efforts the appeal court reduced the sum of the recovery by five times. This decision was upheld by the cassation court and the Supreme Court.     

Successfully defended IKEA in court against unjustified claims by Khimki Collective Agricultural Enterprise challenging IKEA’s title to a land plot.

Successfully acted for OBI against a bad faith landlord in three disputes in several Russian regions.

Represented Philips in a dispute with a landlord over rejection of a lease agreement for an office building.

Successfully represented Panasonic Russia in its dispute against its former landlord that had illegally detained the client’s property after termination of the lease agreement.

Commercial disputes

Represented ZAO Trade House Perekrestok in a dispute arising from a factoring agreement for recovery of over RUB 200 m.

Architecture

Acted for the famous Dutch architect Erik Van Egeraat in several arbitration cases in Moscow and Stockholm relating to disputes over debt collection and compensation of more than USD 4 million for infringement of copyright to the architectural projects Capital City and Barvikha Hills. more deals

Represented a major motor manufacturer in a litigation over a suit filed by the Assmann Beraten + Planen architects’ bureau with respect to an agreement on performance of design work. The outcome was that the claimant withdrew the suit and concluded an amicable agreement for a sum less than half of that originally claimed.

Automobile business

We have sucsessfuly represented Scania in connection with 2 litigations against its former dealer for recovery of a substantial debt deriving from supply contracts. more deals

Successfully representation of a leading Korean car manufacturer in a dispute with its customer for car vindication.

Representing the interests of VOLKSWAGEN Group Rus in a series of disputes associated with termination of dealership agreements, recovery of debt and seizure of over 350 luxury cars.

Leasing

We defended Caterpillar Financial against a claim for unjust enrichment filed by its lessee.  The lessee sought USD 10m (being the purchase price of the leased item). The lessee claimed that upon termination of the leases, the lessor must provide full reimbursement for the purchase price of the leased items. Our qualified representation of the company and creative approach to producing evidence made it possible to change the relevant judicial practice and obtain a court judgment in favour of our client. more deals

Represented Brunswick Rail Leasing in its dispute with Mechel over termination of the wagon lease agreement and recovery of USD 21 million debt. The numerous court and arbitration cases around this dispute were settled on the terms favourable for our client.

For Caterpillar Financial, we successfully handled over 40  disputes, worth millions of US dollars in aggregate, relating to recovery of leased out vehicles. The cases were complicated by a need to manage lawsuits and enforcement proceedings in dozens of Russian courts located in different regions, from Kaliningrad to Sakhalin.

Banking

Defended CitiBank in its dispute with Schindler over the invalidation of payments under a bank guarantee issued by our client. more deals

Represented Moscow Bank for Reconstruction and Development vs Finance Leasing Company. The USD 6 M claim under the loan agreement was satisfied in full.

Goltsblat BLP acted for Eurasian Development Bank on acquisition of circa 9% of shares in ZAO Verkhnekamskaya Kaliynaya Company, subsidiary of Acron Group for circa USD 100 Mln. Other investors include Vnesheconombank and Raiffeisen bank.

Advised ING Bank in a USD 36 million international commercial arbitration claim against the RTM Group. The complexity of the case involved combining, into a single set of proceedings, claims against the borrower and against a dozen of its guarantors in the absence of their consent to be involved as parties to one case.

Insurance

Acted for Gillette in a claim for compensation filed against Ost-West Allianz in connection with loss of cargo in transportation. more deals

Acting for Caterpillar Financial in a dispute with UralSib for payment of insurance indemnity for burned construction equipment provided on lease.

Energy

Successfully defended Transnefteproduct in connection with lawsuit filed by Lukoil alleging unjustified enrichment for 350 million roubles in the process of petroleum product transportation. more deals

Defended for Mars in a dispute where was required to remove the gas pipeline.

Healthcare and Pharmaceuticals

We successfully defended the position of Bio-Rad Laboratories, a big medical device and medicament producer and supplier, thereby depriving a distributor of the possibility of continuing to use its exclusive status for distributing the goods in the Russian Federation. In addition, as a result of the successful judicial work, the debtor was convinced to conclude an amicable agreement to repay a debt of over RUB 52 m to our client.

Competition

Advised Russian Platinum Group on a number of strategic and tactical aspects of a project to develop one of the world’s largest mineral deposits, including support and representation on a number of disputes with the local authorities and in Federal Antitrust Service.

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Successfully protected interests of Transnefteproduct in a court dispute with the antimonopoly authority over access to a pipeline.

We represented a famous Korean car manufacturer in a dispute with the Federal Anti-monopoly Service over the violation of competition law by provisions of an agreement on car manufacturing by licence.

Environmental protection

Defended the rights of a Kronospan in a dispute with authorities over administrative fine levied for the violation of environmental legislation. more deals

Represented Novorossiysk grain terminal in a litigation case challenging a Russian anti-trust body accusation of violation of competition laws.

Sport Arbitration

The lawyers of Goltsblat BLP/ BLP are participating as pro bono lawyers at the 2014 Sochi Olympic Winter Games. Goltsblat BLP/ BLP international team including Elena Trusova, Partner, Evgeny Oreshin, Senior Associate, and Natalia Belomestnova, Senior Associate, Dispute Resolution Practice (Moscow), and Roman Khodykin, Dispute Resolution Practice (London), are participating as pro bono lawyers at the 2014 Sochi Olympic Winter Games. In Sochi, where the 2014 Sochi Olympic Winter Games are being held, Roman Khodykin and Elena Trusova provided legal support to athletes, including by representing them before the Court of Arbitration for Sport.

Bankruptcy

We advised a group of major account holders in My Bank on ways to protect their interests during the Bank’s bankruptcy proceedings, when its debt to the account holders was repaid in full. more deals

Acting for Mars, Estee Lauder, Brunswick Rail Leasing, VOLKSWAGEN, Caterpillar Financial, Aeroplex as a creditor in bankruptcy of a large companies.

Mass communications

Defended the interests of 2x2 TV channel against accusations by the Prosecutor’s Office of advocating extremist activities in connection with broadcasting cartoon South Park.

Copyright

Successfully acted for Vimpelcom in court action with Gala Records concerning the alleged infringement of copyright and neighbouring rights as a result of a song by a famous Russian singer (Sergei Shnurov) being used in a TV commercial for our client’s services.

Patent rights

Represented FritoLay in a dispute involving patent infringement that might have resulted in a criminal case being initiated against the client.

Domain disputes

Successfully protected the rights of  Barilla G.e R. Fratelli S.A., Smartmoney G.P. and of several leading international companies in the fashion and cosmetics business, as well as one of the leading international company in the motor industry, in court disputes over unlawful use of the clients’ trade marks in domain names by Russian cyber-squatters.

Trade marks

Acting on behalf of Sick AG in Russia we successfully resolved several potential disputes over unlawful use of the client’s trademarks in domain name by third parties on the prejudicial stage.

Defamation

We defended the interests of TechnoNICOL in a lawsuit for protection of business reputation filed by our client’s competitor. more deals

Comprehensive support to Covidien and the management of their Russian unit in liaising with law enforcement authorities, including protection in law enforcement investigations.

Unfair advertising

Successfully acted for Philips, in a case brought by the Federal Anti-monopoly Service regarding the alleged circulation of unfair advertisements.

Consumer protection

Advised Volkswagen, Peugeot, Nissan, Philips, and Mars on matters relating to consumer claims.

Customs Disputes

Representation of XX Century Fox in disputes with the Customs regarding inclusion of royalties payable for projection of movies in Russia to the customs value of the imported films.   The Customs have lost and fully repaid the excessively collected duties to the client. more deals

Represented the interests of Dupont in dispute with the Customs regarding classification of soy isolate. The Customs lost as a result misinterpretation of the HS explanatory notes and wrongful use of the method of assessment of protein quantity in soy isolate and concentrate.

IP Disputes

Acting for the International Federation of Phonographic Industry (IFPI) on claims to defend four major record companies in cases connected with long-term violation of copyrights and neighbouring rights to sound recordings on a big Russian social network. more deals

Advised and acted for Central Partnership as part of the pre-trial resolution of a dispute over rights to the Match Point motion picture.

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Rustam Kurmaev
Partner, White Collar Crime Defence, Compliance, Dispute Resolution
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Elena Trusova
Partner, Dispute resolution/ Intellectual property
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Oleg Arkhipov
Partner, Dispute resolution
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Ivan Veselov
Partner, Dispute resolution
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Dispute resolution
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© 2009-2017 Law Firm Goltsblat BLP LLP, part of the Berwin Leighton Paisner (BLP) Group, is a limited liability partnership registered in England and Wales (registered number OC340589). Registered office: Adelaide House, London Bridge, London EC4R 9HA, United Kingdom. Winner - International Law Firm of the Year legal500 top ranked
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