GBLP Dispute Resolution_eng

Dispute Resolution Practice

Goltsblat BLP is the Russian practice of Berwin Leighton Paisner (BLP),

an award-winning international law firm

02 / Dispute Resolution Practice

Our Team

• is one the of the biggest litigation teams in Russia with 35 trial lawyers based in Moscow: 3 Partners and 14 lawyers engaged exclusively in litigation and 3 Partners and 15 lawyers who provide mostly specialised litigation support (customs, tax, labour, IP and consumer disputes)

• consists internationally of over 180 trial lawyers in the firm’s offices in London, Moscow, Abu Dhabi, Berlin, Beijing, Brussels, Dubai, Frankfurt, Hong Kong, Paris and Singapore

• has well-established working relations with over 100 preferred law firms, located in all regions of Russia and the CIS, as well as in over 65 other jurisdictions around the world and which for many years have been our reliable partners in those jurisdictions where our clients need our services

• has been consistently, for several years running, top-ranked by The Legal 500 EMEA and Chambers Global

Services & Experience

• representing clients in courts of all levels, including the Supreme Arbitration Court, the Supreme Court and the Constitutional Court of the Russian Federation

• strongest position in domestic litigation - representing clients in courts in almost all Russian regions and in the CIS

• international commercial arbitration (ICC, LCIA, SCC, AAA, the Singapore International Arbitration Centre, ICAC, etc.)

• disputes with regulators and criminal defence for business (the Federal Anti-monopoly Service, the Prosecutor’s Office, the Chamber for Patent Disputes, etc.)

• efficient assistance to clients with proceedings for enforcing judgments at all stages (e.g., tracing and seizing debtors’ assets in Russia and other countries, recognition and enforcement of foreign judgments and international arbitral awards)

• Shareholder Disputes• Banking Disputes• Construction & Engineering

Disputes• Commercial Disputes• Competition Disputes• Insurance/ Reinsurance Disputes• Intellectual Property Disputes• Real Estate Disputes• Tax Disputes• Customs Disputes• Defamation Disputes• Labour Disputes• Debt Collection• Disputes with Consumers

Over the past year the team

has handled 372 cases worth

approximately USD 1.2 billion, 91% of these

cases being won.

Goltsblat BLP Dispute Resolution Practice is consistently top-ranked by The Legal 500, Сhambers and Partners, etc. for several years now.

In terms of the service overall I doubt any firm is better. Legal 500

Rustam Kurmaev and Elena Trusova are recommended for Litigation, Arbitration and Mediation and International Arbitration according to Best Lawyers 2014.

As professionals giving advice they are fantastic!

Chambers Europe

Dispute Resolution Practice / 03

Recent projects handled by Goltsblat BLP/ Berwin Leighton Paisner lawyers

ORIFLAME

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.

A RUSSIAN PROPERTY DEVELOPER

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

SCANIA

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

VOLKSWAGEN GROUP RUS

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.

PHILIPS

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

IKEA

Successfully acted for IKEA in a dispute over a land plot.

THE FAMOUS DUTCH ARCHITECT ERIK VAN

EGERAAT

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.

A MAJOR MOTOR MANUFACTURER

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 settled for a sum less than half of that originally claimed.

Construction:

Automobile business:

Architecture: Real estate disputes:

CATERPILLAR FINANCIAL

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

Shareholder disputes:

TRANSNEFTEPRODUCT

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

NOVOROSSIYSK GRAIN TERMINAL

Represented the client in a litigation case challenging a Russian anti-trust body accusation of violation of competition laws.

Competition:

As professionals giving advice they are fantastic!

Chambers Europe


BRUNSWICK RAIL LEASING

Represented Brunswick Rail Leasing in its dispute with Mechel over termination of a railcar lease agreement and recovery of $21 M debt. Numerous court and arbitration cases around this dispute were settled on 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.

MOSCOW BANK FOR RECONSTRUCTION AND

DEVELOPMENT

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

GILLETTE

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


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

TECHNONICOL

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

TRANSNEFTEPRODUCT

Successfully defended Transnefteproduct in connection with a lawsuit filed by Lukoil alleging unjustified enrichment of 350 million roubles in connection with petroleum product transportation.

20th CENTURY FOX

Representation in disputes with Customs regarding inclusion of royalties payable for projection of movies in Russia in the customs value of the imported films. Customs lost the case and fully repaid the overpaid duty to the client.

DUPONT

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

SICK AG

Acting on behalf of Sick AG in Russia, we successfully reached a pre-trial settlement of several potential disputes over unlawful third party use of the client’s trademarks in a domain name.

Leasing:

Banking: Insurance:

Defamation:

Energy:

Trademarks:Customs Disputes:

ING BANK

Advised ING Bank in a USD 36 M international commercial arbitration claim against the RTM Group. The complexity of the case involved compulsory joinder of various parties’ claims against a borrower and against a dozen of its guarantors.

Always good at analysing and providing feedback on very complicated questions that do not have a simple single answer.

Chambers Europe 2014

MARS, ESTEE LAUDER, BRUNSWICK RAIL

LEASING, AEROPLEX

Acting for Mars, Estee Lauder, Brunswick Rail Leasing, VOLKSWAGEN, Caterpillar Financial, Aeroplex as creditors in the bankruptcy of a big company.

KRONOSPAN

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

BARILLA G.E R., FRATELLI S.A. И

SMARTMONEY G.P.

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 a leading international company in the motor industry, in court disputes over unlawful use of the clients’ trademarks in domain names by Russian cyber-squatters.

FRITO-LAY

Represented Frito-Lay in a dispute involving patent infringement that could have resulted in a criminal case being initiated against the client.

Bankruptcy:

Environmental protection:

Domain disputes:

Patent rights:

VIMPELCOM

Successfully acted for Vimpelcom in a court action against Gala Records concerning alleged infringement of copyright and allied 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.

Copyright:

PANASONIC RUSSIA

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

Criminal Defence:

PHILIPS

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

Unfair advertising:

2X2 TV CHANNEL

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

Mass communications:

VOLKSWAGEN, PEUGEOT, NISSAN,

PHILIPS, MARS

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

Consumer protection:

COVIDIEN

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

AKFEN REIT

Effective handling of execution proceedings to recover over USD 1 m from well-known regional businessmen with substantial administrative leverage.

Execution proceeding:

FG WILSON

Goltsblat BLP have won the dispute in favour of FG Wilson to include its claims on the ADD Group creditors’ register under an English law guarantee.

Dispute Resolution PracticeContacts


Rustam KurmaevPartner, Dispute Resolution [email protected] Tel.: 8 495 287 44 44

Elena TrusovaPartner,IP and Dispute Resolution [email protected].: 8 495 287 44 44

Roman KhodykinPartner,Litigation and Dispute [email protected].: +44 (0)20 3400 2202

Oleg ArkhipovPartner, Dispute Resolution [email protected] Tel.: 8 495 287 44 44

Jonathan Sacher Head of Dispute [email protected].: +44 (0)20 7760 1000

Natalia BelomestnovaHead of Group, Dispute Resolution [email protected].: 8 495 287 44 44

Varvara KnutovaHead of Group, Dispute Resolution [email protected].: 8 495 287 44 44

Ivan VeselovHead of Group, Dispute Resolution [email protected] Tel.: 8 495 287 44 44

Moscow

London

20th Century Fox AIG Global Real Estate Investments (Russia)Aker SolutionsAkfen REITAlcoaAlfa-Bank Alt TelecomAMT&C GroupAstraZenecaAxel Springer RussiaBarclays BankBarillaBaring Vostok Capital PartnersBASFBrunswick Rail LeasingBulgartabacCaterpillar FinancialCentral PartnershipChina Development BankChryslerCoalcoCoca-ColaCovidienDanoneDeutsche Bank AGDormaEBRDEfesEstee LauderEquifaxFleming Family & PartnersFoundation for development of the New Technologies Development and Commercialization Centre (Skolkovo)Freight One GE Energy GhelamcoGuardianHarrysImmoeastInter RAOInternational Federation of the Phonographic Industry (IFPI) International Financial ClubJapan Bank for International Cooperation (JBIC)Johnson & JohnsonKia MotorsKimberly-ClarkKomatsuKronospanLa PrairieLafargeLeaderLG International Corp.LinstowMagna InternationalMail.ruMarsMedia-Markt-Saturn MerckMitsubishi Motors CorporationMultonNALCONavigation Information Systems NikeNissan / RussiaNord Stream AGNorth Caucasus Development CorporationNovatorOrangina SchweppesOriflamePanasonicPhilipsProcter & Gamble Prysmian S.p.A.Publicis GroupPUIG RUS Quinn GroupRaven RussiaRenaissance CapitalRolfROSATOM - The State Atomic Energy CorporationRoxtec RURusBrandRusHydroRUSNANORussian PlatinumSaint-GobainSandozSanofi-AventisSantekSAPESberbankScaniaSchlumbergerShellSheremetyevo International Airport SiburSick AGSistema-HalsSolae / DuPontSt. Petersburg International Mercantile ExchangeStockmannSUEK SynevoTESCO CorporationTEVATommy HilfigerTomTomUnilever RusUnited metallurgical company (OMK)VEB (State Corporation “Bank for Development and Foreign Economic Affairs (Vnesheconombank)”) VimpelCom (Beeline)Volkswagen GroupVTB CapitalWilliam Grant & SonsX5 Retail Group Yamazaki Mazak (Russia) Zanten

• Goltsblat BLP is the Russian practice of Berwin Leighton Paisner (BLP), an award-winning international law firm headquartered in London and with offices operating in major commercial and financial centres throughout the world - Moscow, Abu Dhabi, Beijing, Berlin, Brussels, Dubai, Frankfurt, Hong Kong, Paris and Singapore.

• More than 100 Russian, English and US-qualified lawyers permanently based in Moscow, the total number of lawyers in all international offices of BLP being over 800.

• Over 800 clients, including: major multinational investors operating in Russia, including 23 Fortune 500 clients, Russian and international banks & financial institutions, and Russian corporates - leaders on the national markets.

• Transactional support for inbound and outbound investments by Russian and international clients.

• Highly reputable local team well-known on the market for its excellent local experience of total legal advice for major Russian businesses and international investors gained over 20 years - from complex/multi-jurisdictional projects to day-to-day operational legal support.

• Goltsblat BLP is consistently top-ranked / recommended by Legal 500 and Chambers in Real Estate & Construction, Corporate/M&A, Dispute Resolution, Competition/Antitrust, Tax & Customs, IP.

• Globally, the firm’s broad-based expertise reaches across more than 50 legal disciplines and 20 industry sectors.

• In Moscow, the firm’s key practice areas are:

• Corporate/ M&A

• Banking & Finance

• Real Estate & Construction

• Dispute Resolution

• Tax & Customs

• Commercial

• Compliance

• Competition & Antitrust

• Employment, Pensions & Benefits

• IP

• Goltsblat BLP is the winner of: International Law Firm of the Year 2014 - The Lawyer European Awards; Client service Law firm of the Year - Chambers Europe Awards for Excellence 2014; International Office of the Year 2010 - The Legal Business Awards (Legal 500); Best Client Service / Award for Excellence 2010 - Chambers Europe Awards; Best Law Firm in Russia 2010 - ILO Client Choice Awards; Innovation in International Expansion 2011 - Financial Times Innovative Lawyer Awards 2011 (a short-list nominee)

• BLP is the winner of, in total, 5 Law Firm of the Year awards and over 30 industry awards in the last few years, including UK Law Firm of the Year 2010 awards by both The Lawyer and Legal Week, Managing Partner of the Year, Real Estate Law Firm of the Year, Best Tax Team in a Law Firm, Planning Team of the Year, PFI/Projects Team of the Year, and Finance Team of the Year and others.

* All names are disclosed with the clients’ permission

Key facts about Goltsblat BLP:GBLP representative client list*

European Awards2014

International Law Firm of the Year

Winner

Goltsblat BLP combines local Russian market expertise with truly international best practices.

The Legal 500 EMEA 2014

The Russian practice of Berwin Leighton Paisner (BLP)

MOSCOW

Capital City Complex Moscow City Business Centre 8, Presnenskaya Nab., Bldg.1 Moscow 123100, Russia Tel.: +7 495 287 44 44 Fax: +7 495 287 44 45 Email: [email protected]

www.gblplaw.com

LONDON

Adelaide House London Bridge, London EC4R 9HA United Kingdom Tel.: +44 (0) 20 7760 1000 Fax: +44 (0) 20 7760 1111 Email: [email protected]

www.blplaw.com

GBLP Dispute Resolution_eng

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