Dispute Resolution - Experience

Experience

Information
International team
News
Publications

Information
International team
Experience
News
Publications

Projects

17.02.2020

Russia

Transport

Dispute Resolution

Representation of a large transport company in an Arbitration court

Representation of a large transport company in an Arbitration court in a dispute with an insurance firm on the recovery of insurance compensation under an insurance contract as a result of the complete loss of a vehicle as a result of an accident.

Azerbaijan

Achieved repayment of debt in amount USD 80,000 owed to local Branch of international power supply company;
Assisting major global pharmaceutical company, in litigation concerning debt recovery. Judgment in favour of our client- USD 712 000;
Corporate dispute on share-sale between leading mobile applications and services company in Turkey. Achieved a judgment in favour of the Turkish company;
Consulting of major European Secure provider on harming his business reputation via unlawful usage of Trademarks and domain names. Drafting of pretention letters and PoA. Providing legal advice on domain name regulation;
Represented the client before the Supreme Court of Azerbaijan in recognition and enforcement of Foreign Arbitral Award in favor of Toshiba Company against local company in Azerbaijan. The award was recognized and directed to the Bailiff’s department for enforcement (USD 4.4 million);
Recognition and enforcement of an arbitral award issued by Korean Commercial Arbitration Board in favour of Korean company mainly engaged in trade, car manufacturing and steel processing services against Azerbaijani company;
Represented the client in the Supreme Court during the hearing on recognition of the judgement of Minsk Court (Belarus Republic) in Azerbaijan. Recognition of the judgment was achieved. The judgement was sent to the Bailiff’s department for enforcement. GRATA lawyers represented the client during the enforcement stage and full repayment of debt amount – USD 310, 779 has been achieved;
Successfully represented the Client, producer of animal food (plaintiff) in litigation concerning debt recovery in amount of EUR 422, 000 (GRATA International won this case).

Belarus

Litigation

Representation of a pharmaceutical company an in economic court in a dispute regarding invalidity of a loan agreement
Advising suppliers of medical equipment on debt collection under supply and services contracts
Representation of a Slovenian pharmaceutical company in a debt collection litigation
Legal support of a construction company - a manufacturer of heat-power equipment and military equipment in a litigation on the performance of contractual obligations
Development of a conception and plan of actions for resolving a dispute with the real estate developer in favor of participants in shared construction. As a result, state registration of the property right of the developer was invalidated, the land plot was granted to the homeowners' associations and shareholders got the right to use parking.
Representation of a Belarusian subsidiary of a Chinese telecommunications company in a dispute with a contractor over the construction of one of the largest data processing centers in Europe
Advising a major developer and manufacturer of professional mobile radio equipment and solutions on the challenge of public procurement for integrated metro equipment for violations of public procurement laws and antitrust laws
Representation of the interests of a Belarusian glass manufacturer in the courts of Russian Federation in the debt recovery case under the supply agreement.
Recovery of damage from a Belarusian carrier caused to a German customer by a loss of cargo.
Representation of the interests of a Belarusian manufacturer of technological equipment in Belarusian and Russian courts in disputes arising from corporate relations and loan agreements
Representation of the interests of Belarusian woodworking and timber companies in disputes arising from equipment supply contracts
Representation of the interests of an international group of companies in a dispute related to the challenge of the results of public procurement procedure

Writ proceedings

Provision of legal consulting services for a large wholesale company on the issue of collecting penalties and losses caused by non-fulfillment of the contract on the international carriage of goods by the carrier in an indisputable manner
Collection of accounts receivable in the interests of the Belarusian manufacturer of heat energy metering and regulation devices
Representation of teh interests of a leading Belarusian heating equipment manufacturer in the collection of accounts receivable

Proceedings arising out of public relations

Representation of the interests of a leading manufacturer of heat energy metering and regulation devices in the competent authorities on the issues of protection of trademark and know-how in unfair competition
Representation of the interests of a Belarusian manufacturer of security and safety systems in the Belarusian competition authority on the issues of trademark infringement and unfair competition

Bankruptcy cases

Representation of a Swedish construction company in debt collection from companies in liquidation, economic insolvency and bankruptcy proceedings

Arbitration

Representation of the interests of the largest oil trader in Belarus at the International Arbitration Court at the BelCCI in a multimillion-dollar dispute arising from the oil transportation agreement
Representation of interests of a large Belarusian petrochemical enterprise in the Russian international arbitration courts, IAC at the BelCCI in the disputes arising from the design work contract and bank guarantee
Representation of the interests of one of the leading Belarusian textile company in the IAC at the BelCCI in a dispute arising from the equipment supply
Representing a foreign construction company in a dispute with a Belarusian customer under a turnkey construction contract (EPC contract with the use of FIDIC book) at the Arbitration Institute of the Stockholm Chamber of Commerce. The project cost amounted to 50 million US dollars
Provision of legal assistance to the representative of the claimant (a large Russian manufacturer of bacterial preparations) at the Arbitration Institute of the Stockholm Chamber of Commerce on claims for the recover of the sum prepaid and interest under the contract for the supply of laboratory reagent by a German counterparty.

Recognition and enforcement of decisions of foreign courts

Advising on recognition and enforcement of decisions of Belarusian courts in Switzerland
Advising on recognition and enforcement of decisions of

Kazakhstan

Representing large international construction company in Kazakhstan in a dispute over invalidity of transactions worth over USD 200 million.
Taking part in litigation on enforcement of international arbitration award for the recovery of over USD 46 million in damages from large Kazakh producer of oil & gas.
Representing major Turkish construction contractor in a complex dispute with a customer arising out of several contracts worth approx. USD 40 million.
Representing a Russian air carrier in its dispute with one of Kazakhstan’s airports over an aircraft accident - collision of the plane with birds. To date, there was no judicial practice on this issue. We created the first precedent in the Kazakh judicial practice by proving in court that the airport is liable for the damage.
Representing one of the largest Kazakh manufacturing plants in nine litigations with suppliers over fraud and invalidity of contracts. We have successfully invalidated fraudulent contracts. The cases included work on both civil and criminal parts of the issue.
Representing Kazakhstan’s largest producer of sunflower oil and related food products in its dispute over the ownership of railway tracks which connect its plant with the main railway. We have been able to return the client the title over the tracks.
Representing a Swiss bank, in proceedings for the recovery of debts from a Kazakh bank, which has gone bankrupt due to alleged fraudulent schemes of its shareholder which led to siphoning of assets of the Bank.
Advising one of Russia’s largest banks, in its potential foreclosure upon pledges in Kazakhstan underlying loans worth of USD 148 million. Assessment of risk mitigation strategies in the course of taking possession upon pledges.
Representing a Russian business in its disputes with the national air service control body which arose in the course of implementation of public procurement contracts. We have been able to successfully defend the client from the state company’s claims worth approx. USD 1.5 million.
Advising one of the Russia’s largest producers of metallurgical products in relation to complex liquidation of some of its business entities in Kazakhstan.
Representing the winner of a tender for the supply of electric equipment worth approx. USD 9 million in a dispute initiated by a participant of the tender to challenge the results of the tender and invalidate the supply agreement.
Representing a large German engineering and industrial company in a dispute with a subcontractor arising out of an USD 8 million services agreement.
Representing one of the world’s largest suppliers of industrial equipment in several disputes over the recovery of equipment operated by lessees in Kazakhstan under financial lease arrangements.
Representing a leading Bulgarian pharmaceutical company in a civil dispute seeking invalidation of a regulatory authority’s restriction to register a medicine.
Representing the largest Indian bank in a dispute over recovery of debt in excess of USD 7 million under a loan agreement.
Representing a large Dutch bank in pre-trial negotiations and foreclosure proceedings with a Kazakhstani pledgor in relation to the recovery of debt under a loan agreement worth approx. USD 24 million.
Representing one of the largest international banks in Kazakhstan in a dispute with a foreign borrower and Kazakhstani pledgor over recovery of approx. USD 5 million under a loan agreement and related transactions.
Representing one of Kazakhstan’s largest oil and gas construction companies in a series of multimillion-dollar construction disputes and related disputes with various contractors and customers.
Successful annulment of the penalty imposed on the Trading company by the Plant Protection Inspectorate because the imported wooden pallets did not have a mark confirming that the pallets were decontaminated and a phytosanitary certificate was not received. In court we were able to prove that the requirement for a marking or phytosanitary certificate is presented to pallets which imported as a good itself. The court annulled the penalty because the Trade company imported the household chemical goods in the wooden pallets but not the wooden pallets itself.

Kyrgyzstan

Advising Kazakhstani gas company on reorganization of subsidiaries in the Kyrgyz Republic. Representing interests of the leading bank in the Kyrgyz Republic in court on several labor disputes with ex-employees re. payment of compensation for additional annual leave, regional salary coefficient, applicable bonuses and benefits for people leaving and working in high-mountain area.
Advising Burford Capital, the world’s largest provider of arbitration and litigation finance, on taking security over assets in Kyrgyzstan to back a financing advanced to an international investor for filing an international arbitration case against the government of Kyrgyzstan.
Representing Bank CenterCredit, a major bank in Kazakhstan, in a dispute over a real estate in Kyrgyzstan worth over 50 million US dollars.
Advising and represented Huawei Technologies Co., Ltd. as a creditor in bankruptcy procedure of the mobile operator Fonex (AkTel LLC), participated in court proceedings, credtiros’ meetings, and advised the client on restructuring AkTel LLC, observed tenders and supported the client during the procedure of a special administration.
Advising and represented Huawei Technologies Co., Ltd. as a creditor in bankruptcy procedure of the mobile operator Fonex (AkTel LLC), participated in court proceedings, credtiros’ meetings, and advised the client on restructuring AkTel LLC, observed tenders and supported the client during the procedure of a special administration.
Advising law firm Yoon & Yang (Seoul) LLC on recognition and enforcement of the foreign court decision in the Kyrgyz Republic.

Moldova

Defending the prime-minister of Moldova in connection with a politically motivated case with fraud charges of EUR 250 million from a leading local Bank.
Representing one of the largest pharmaceutical distribution companies from Egypt in a complex fiscal litigation with the annulment of certain administrative acts for the establishment of financial obligations related to customs duties (customs taxes and VAT) in connection with some types of medicines.
Representing Moldovan Authorities - State Road Administration before the Court of Milano and the Court of Venice, Italy in defending claims deriving from infrastructure development agreements in two arbitrations concerning contractual performance, with claims value over EUR 15 million.
Advising one of the major German construction companies in relation to several civil disputes in public procurement matters, as well as in domestic litigations regarding public procurement proceedings in connection with works and services of public interest. Deal’s value exceeded EUR 12 million.
Representing the largest supplier of electricity in Moldova in all court instances on debt collection case.
Representing a private company before central government authorities in a matter involving acceptance of government aid in the amount of EUR 1.2 million.
Representing a private company in a court on a case of collecting lost income of EUR 600,000.
Representing a private company in a mortgage law case against a commercial bank.

Mongolia

Represented the borrower during mediation and debt collection proceeding;
Represented Service provider for payment dispute with the Client and successfully executed Reconciliation agreement;
Represented the corporate clients on various commercial contract related disputes under civil court proceedings;

Russia

Moscow

Successful representation of a Russian representative office of the world leading company providing services in utility systems, in a dispute with one of the largest oil refinery plants in the Russian Federation overrecovery of debt under a construction contract;
Successful representation of a Russian representative office of a foreign company in a legal dispute with the world's largest enterprise for the production of high-grade phosphate raw materials on debts recovery under a service contract under a claim for over 30 mln roubles;
Successful representation of a Russian representative office of a large foreign company in a court dispute with a counterparty on debts recovery under a contract. Over 63 mln roubles were collected in favour of the claimant through pre-trial settlement and legal proceedings;
Successful representation of a Russian representative office of one of the world’s largest international group of companies, engaged in production, maintenance services and leasing of compressor, mining andindustrial equipment, as well as construction machinery in a dispute over recovery of surrender value of leasing item under the claim for about 30 mln roubles;
Successfully representation of a Russian representative office of a large foreign company in a dispute with a Russian company with a supplier of metal products (armature, billets) and metallurgical raw materials (scrap metal) in a dispute over recovery of debts under a supply contract under a claim for over 33 mln roubles;
Successful defence of a Russian representative office of a US company - world leader in the development of tapping and plugging technologies, in the case on inclusion into the list of creditors of the company rendering repair works and technical support of gas pipelines, recovery of a debt inthe amount of about 1 bln roubles;
Successful representation of a Russian subsidiary of one of the large international entertainment channels in a series of disputes (over 10 disputes) with cable operators on enforcement and debt recovery under license agreements for about 90 mln roubles;

Novosibirsk

Successful representation of shareholders of the largest energy company in a dispute on the recovery of securities with a total value of about 30 mln US dollars;
Successful representation of the world's largest producer of high-quality anthracite (customer) in a dispute with a road construction company in Siberia (contractor) on uncompleted and poorly executed works during the road construction. The aggregate amount of the settled claims under the amicable was 8 mln US dollars;
Successful representation of the creditor in challenging the debtor's transactions, under which the claims of other creditors were included into the register of claims for a total of about 1.5 mln US dollars;
Successful representation of a housing cooperatives in the Supreme Court of Russia in a dispute with the antimonopoly authority and the largest telecommunications operator in Russia. Judicial acts of three arbitration instances were cancelled and a decision was made in favour of the principal. This Supreme Court precedent stopped the practice of prosecution of housing cooperatives throughout Russia;
Successful representation of the world's largest producer of high-quality anthracite in a dispute on the protection of its business reputation in a dispute that arose from the publication of untrue information by the former employee of a principal;
Successful defence of a large bottled water producer (customer) in a dispute with a software developer (contractor) for automation of planning and monitoring of order delivery to clients. It was proven that the software is suitable for use by the principal, the debt and penalty were recovered from the contractor;
Successful comprehensive support of creditors in challenging several transactions of the debtor, invalidation of contracts for a total amount of over 10 mln US dollars.

Rostov-on-Don

Representing the largest cement producer in Europe in a corporate conflict with the Russian party and returning of assets previously moved out of the joint company for a total value of over 25 mln US dollars;
Legal support in a large tax dispute in court between participants of the railway infrastructure and the tax authority. The dispute resulted in the 90% reduction of the amount of tax additional charges totalling to more than 1 bln roubles;
Representing a large agricultural enterprise in a corporate conflict. The client's control over the moved-out assets was restored;
Restructuring of the debt obligations of a large food processing company through the judicial procedures, including the bankruptcy procedure, which resulted in the preservation of the debtor's business;
A joint project with GRATA Moscow office to protect a subsidiary of a large foreign holding company against a claim for over 900 mln roubles. The court proceedings resulted in the dismissal of claims brought against our client in full (I instance).

Samara

Representing a large Russian company engaged in drilling and blasting operations for large infrastructure and construction projects in the Russian court proceedings related to the debts recovery from the counterparty. The debt amount was 2 mln US dollars;
Representing a large oilfield service company in a dispute with the largest oil company of Serbia to recover the debt for the work performed and a counterclaim for recovery of losses caused by the oil well accident. The court proceedings were conducted in accordance with the Regulations of the Arbitration Institute at the Stockholm Chamber of Commerce under the Serbian law. The amount of claims was over 400 thsnd Euros;
Representing an oil company (with American Hess Corporation as the major shareholder) in tax disputes in Russian courts challenging the tax audit results for amount of additional expenses of 500 thsnd US dollars;
Representing 12 European insurance companies in Russian courts in cases for reimbursement of the guarantees amount from a Russian company for 1 mln US dollars.

Saint Petersburg

Successful representation of Lomonosov Ceramics, the largest ceramics manufacturer in the North-Western Federal District, in a dispute with the Interdistrict Inspectorate of the Federal Tax Service (Inspectorate) on additional charging of VAT for over 13.5 mln roubles and bringing to tax liability under the relevant article. The complexity of the dispute was that at the moment of the client's appeal, the court precedents were in the Inspectorate's favour because the courts based on the fact of dishonesty in the conduct of tax agents when choosing counterparties. During the curt proceedings, the lawyers GRATA International SPB Law firm managed to prove that the Inspectorate's findings on unreasonable tax benefits were mistaken, and also to change the courts approach to consideration of this category of disputes;
Protecting the rights of a (Waste Processing) Plant to a property complex of over 350 mln US dollars in a dispute with the City Property Management Committee of St. Petersburg, including restoration of the rights to illegally seized property (190 items total);
Representing three large hotel complexes in St. Petersburg in a dispute with the Federal Antimonopoly Service of Russia. The dispute consideration was complicated by the presence of formal signs of collusion and simultaneous change by the clients in prices for hotel services. The legal position developed by our team allowed neutralising the negative circumstances of the dispute and led to the satisfaction of the clients' claims in full;
Successful representation of an enterprise engaged in the manufacture of die tooling in the recovery of debts under the construction contract for over 315 mln roubles. The situation was complicated by the existence of an additional agreement signed between the parties, which significantly changed the subject of the construction contract;
Representing a large trading house in St. Petersburg in a dispute with the City Property Management Committee regarding the inclusion of the leased premises into the list of objects that are not subject to redemption by the lessee. When addressing this category of disputes, courts often base on the priority of the state interests. During the dispute hearing, the lawyers proved the contradiction in the Committee's actions to the Law of St. Petersburg 'On the Development of Small and Medium Businesses in St. Petersburg' (No. 194-32);
Representing an individual in a corporate dispute. At the time of appeal, the client being the majority shareholder of the company had lost control over the property complex worth a total of 2.5 mln US dollars. The measures taken allowed restoring the control over the enterprise in full, transactions related to the property alienation were successfully challenged within several proceedings and the property was returned to the legal owner;
Representing the contractor in a dispute with the tax authority. The tax authority audited the taxpayer's activities on the construction of Zenit stadium within in preparation for the World Cup. The company's turnover for the audited period was more than 15 bln roubles. The dispute consideration resulted in a decrease in the total amount of additional charges from 200 mln to 36 mln roubles;
Representing a large developer in the Supreme Court in a dispute with IDGC of Centre on recovery of a penalty under a standard agreement for technological connection to electric grids that is concluded on identical terms throughout the territory of Russia. Within the dispute, in January 2018, the Supreme Court changed the legal approach and deprived IDGC of Centre of the right to accrue and recover a penalty from developers under the agreements for technological connection to electric grids based on the conditions that provide for advance payments.

Uzbekistan

Representing a Ukranian metal trader in the dispute with the State Joint Stock Railway Company of Uzbekistan for the recovery of principal debt, penalty and legal costs of 600.000 US dollars.
Representing a Ukranian metal trader in the dispute with a wholesale trade company of Uzbekistan for the recovery of principal debt of 50.000 US dollars.
Defence of a subsidiary of the international producer of consumer goods in Uzbekistan under the claim from a local distributor for the recovery of the lost income of 750.000 US dollars.
Representing the subsidiary of a German producer of construction materials in Uzbekistan in the dispute for cancellation of the state decision binding the client to pay additional taxes and financial sanctions for delay in tax payments of 400.000 US dollars.
Representing a producer of vehicle spare parts in Uzbekistan in the dispute for cancellation of the state decision binding the client to pay additional customs duties and VAT on import of 45.000 US dollars.
Representing a legal entity of Uzbekistan in the dispute on recognition of the ownership right in respect of the share in the charter fund of limited liability company earlier assigned to third party that is not a company founder.
Representing the representative office of a British television and radio broadcasting company in Uzbekistan in the dispute on the restoration of labour relations and compensation for losses.
Defence of the representative office of a Polish pharmaceutical company in Uzbekistan under the claim related to the compensation for damage and moral damage caused by illegal termination of labour relations.

Turkey

Provides services in every aspect of real estate. Advised development and management of hotels, shopping malls, hospitals, logistics centers, retail shops, mix use projects, data centers through construction and development companies, facility and asset management companies, real estate funds, etc.

Credentials and references may be provided upon request.

Ukraine

Representing interests of the client during debt collection via foreclosure and in cases related to termination of loan security.
Representing clients (debtors or creditors) in a number of bankruptcy cases; challenging agreements concluded by the debtor and one of the creditors within the bankruptcy proceedings.
Defending client’s interests in the dispute with Ministry of Infrastructure of Ukraine related to violation of antitrust regulations (abuse of monopoly position).
Challenging the registration actions of the notary related to registration of title to integral property complex.
Challenging the decision of permanent commission of Antimonopoly Committee of Ukraine on claims related to state procurements.
Representing client in dispute related to recognition of information shared in media as false.

Key contacts

Almaty