Dispute resolution

TA lex specializes in representing clients' interests in resolving various conflict situations.

 

Since the company provides legal support for business, most of the disputes that our lawyers and lawyers take part in are resolved in commercial and arbitration courts. At the same time, our lawyers have extensive experience of representation in courts of general jurisdiction.

 

Our specialists also successfully represent clients' interests in administrative procedures before state and local authorities, including tax disputes. Also, if necessary, the lawyers of the board are ready to meet the needs of a client, using the mechanisms of criminal prosecution.

 

Most often, we are involved in solving the following cases:

 

corporate disputes

 

debt collection

 

disputes arising from business contracts

 

invalidation of transactions

 

appeal against actions (omissions) of state bodies

 

challenging decisions of tax authorities

 

bankruptcy and separate disputes (invalidation of transactions and bringing to subsidiary liability).

 

PROJECTS WITHIN RUSSIA

 

  • Representation of the interests of an American corporation in a claim for invalidation of transactions made by the general director of the company. During the consideration of the case, the unfair behavior of the former CEO and the company created by him, which caused significant damage to the company, as well as his personal interest in making transactions, which implied obtaining personal benefits by the company's director, who was the actual beneficiary of the transaction, were proved. The court declared the disputed mediation agreements invalid and applied the consequences of the invalidity of the transactions, collecting 124,900,000 RUR from the defendant in favor of the client.

  • Representation of the interests of an American company on a claim for invalidation of transactions of sale contracts of three premium cars for a total amount of about 10,000,000 RUR. The requirements were satisfied by the court in full. The court agreed with the arguments about the lack of economic expediency of making transactions on obviously unfavorable terms for the company and decided to recognize the disputed contracts as invalid, applying the consequences of the invalidity of the transactions, and return the vehicles to the client.

  • Representation of the interests of JSC "Zvezdny Hotel "(the main shareholder is the Government of the Leningrad Region) during the consideration of disputes on the recovery of an unprocessed advance, the cost of materials, etc. with 15 contractors, allowed the client to recover an amount of about 210 million RUR, conclude amicable agreements in the amount of about 39,000,000 RUR, fight off the claims in the amount of about 25 million RUR.

  • Successful protection of a large client transaction for 700,000,000 RUR from unjustified disputes.

  • Representation of the company's interests on the claims of the dismissed general director for the recovery of unpaid wages in the amount of 3,000,000 rubles. and on the recovery of compensation for the termination of an employment contract in the amount of more than 12,000,000 RUR. The courts of all instances sided with the client.

  • Representation of the interests of a group of companies (controlled by A. N. Ryazanov) in the framework of the bankruptcy case of Universal Drilling OJSC. Schemes of liquidation and bankruptcy of the company and its implementation for the withdrawal of the company's assets were developed. Conducting a controlled bankruptcy of the debtor (the project cost is more than 280 000 000 rubles). The interests of the applicant were protected during the contesting of the auction.

  • Representation of the interests of Shelmer Holding Ltd on the requirements for V.M.H.Y.Holdings Limited on the recovery of funds in the amount of USD 34,250,000 under the loan agreement, interest for late repayment of the loan in the amount of USD 5,375,367 interest for late repayment of the loan (contractual penalty) in the amount of US $ 3,836,000, interest for the use of other people's funds in the amount of 59,473,815 RUR. The stated requirements in the interests of the client were fully satisfied.

  • Recovery in favor of CJSC "Lanit" from LLC "SETTLEMENT AND CASH CENTER OF THE ARBITRATION COURT IN MOSCOW" of an unlawfully withheld arbitration fee in the amount of about 1,500,000 RUR.

  • A plan for the acquisition of land plots in the Moscow region (New Moscow – Peredelkino) has been developed and implemented. Successfully conducted trials in the interests of the International Public Organization of Writers "International Literary Fund" on the acquisition of land plots in the Moscow region/Moscow with an area of 45 hectares.

  • Representation of the interests of LLC "Scheffler Russland" in the framework of the bankruptcy case of the debtor of LLC "ASTER": the debt in the amount of 7,806,342 rubles is included in the register of creditors' claims.

  • Representation of the shareholder's interests in the framework of the bankruptcy case of JSC "RNK-Oil". The unjustified claims of Stroyservice LLC in the amount of about 290,000,000 rubles were waived in favor of the client.

  • Representation of the interests of LLC "DC-Vin" in a lawsuit against LLC "VINEXIM" for the recovery of debts and penalties under the contract for the supply of alcoholic beverages in the amount of more than 6,000,000 US dollars.

  • Inclusion receivables of LLC "Genpakt" in the amount of more than 62,000,000 RUR in the register of creditors' claims in the framework of the bankruptcy case of LLC "ADP-stroy".

  • Representation of the contractor's interests - JSC "Reimpex" on the claim of the customer for the recovery of more than 34,000,000 rubles as worked by the contractor.

  • As part of the protection of the interests of Lanit CJSC (Lanit Group) in the bankruptcy case of Electrosila CJSC and related cases, the amount of LANIT CJSC's claims in the creditors' register was increased from 5% (15 million rubles) to 33% (165 million rubles), which allowed for successful negotiations with other bankruptcy creditors, and increased the Client's share of influence in the general situation in the bankruptcy case, provided a majority of votes in the creditors' meeting. The total amount recovered under the project is more than 328,000,000 RUR.

  • The inclusion of a minority creditor in the register of claims and an active position on challenging the debtor's transactions allowed the client to get satisfaction for his claims in the amount of more than 115 %.

  • As part of the representation of the interests of LLC "Transspetsstroy" (bankrupt), about 10 transactions were successfully challenged, including leasing, supply and other contracts.

  • Representation of the interests of CJSC "LANIT" in the bankruptcy case of CJSC "Management Company" Electrosila "(the register of creditors ' claims includes debt in the amount of more than 250,000,000 RUR).

  • The representation of the interests of PJSC M2M Privet Bank in the framework of a dispute on the recovery of a deferred payment under a hotel sale agreement concluded under the law of England in the amount of more than 500,000 Euros allowed to achieve the leave of the suit without consideration.

  • Legal support against the challenge by the Deposit Insurance Agency of the repo agreement to an individual in the bankruptcy case of JSC Smolensky Bank. The value of the securities is more than 472,000,000 rubles.

  • Representation of the interests of PPFIN REGION LLC on the claim of DALMAR VENTURES LTD (DALMAR VENTURES LTD) for the recovery of debts in the amount of 4,000,000 US dollars for the payment of the purchase price for 4,000 non-convertible interest-bearing SCI Finance B. V. bonds, the claim was denied in full.

  • Numerous cases in courts of general jurisdiction, including in the field of consumer protection, shared-equity construction, labor and housing disputes.

 

 

INTERNATIONAL PROJECTS

 

  • Debt restructuring of a large bank holding company, with a parent company incorporated in Cyprus (V. M. H. Y. Holdings Ltd), with a debt amount of about 1 billion US dollars.In the process of working on the project, a number of creditors filed about 20 lawsuits in Cyprus, London, BVI, Switzerland, Latvia. No decision was made on any claim against the client.

  • Participation in the settlement of a dispute between the co-owner of Azbuka Vkusa and the structures of Roman Abramovich (Millhouse) and Alexander Abramov (Invest AG) in an international put option dispute. As a result of the chosen strategy and successful representation in the courts of Cyprus (case No. 362/16) and the LCIA (London International Court of Arbitration), the parties came to a settlement of the dispute. https://pravo.ru/company_news/view/137927/; https://www.kommersant.ru/doc/3175714

  • Protection of the client's interests in a dispute from a put option agreement against unfair actions of the plaintiff. Representing the interests of clients in court, we proved that the Plaintiff concealed significant facts from the court, and also misled the court about the agreements of the parties. This made it possible to unblock the client's accounts and remove the measures that blocked the client's activities. Also, a claim for damages caused by the actions of the plaintiff in the amount of $ 3,500,000 was filed with the court in Cyprus and the LCIA and Application for Security for Costs in case No: 153182 в LCIA for £614.472.

  • Participation in the resolution of a five-year international dispute in a foreign arbitration arbitration (LCIA, ICC) between a client from BVI and its counterparty (a large multinational international company) allowed to recover 1,975 billion rubles in favor of the client. As part of the dispute, cases were considered in the Republic of Kazakhstan, Russia, the United Kingdom, and the Netherlands.

  • A claim for the recovery of a loan of more than 540 million rubles by a Russian citizen with dual citizenship from another Russian individual guarantor. (Claim № HQ16X04393. Queen’s Bench Division)

  • ICAC at the CCI. Case No. 113/2016. The claim of JSC "Zvezdny Hotel" (client) for recovery from the Trading, financial and consulting Limited Liability Company "Polyus" for the recovery of 10 500 000 Euros and a counterclaim for the recovery of 6 500 000 Euros.

  • ICAC at the CCI. A claim of a company providing forwarding services (a client) against a company belonging to the GAZ structure (Nizhny Novgorod) in the amount of more than 1,000,000 USD.