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Dispute resolution / Representation in court

FBK Legal's dispute resolution practice is one of the most important. Effective dispute resolution, i.e. resolution with the least financial and reputational losses and in the shortest time is possibly with a focus on resolving disagreements out of court. A well-written claim makes it possible to judge at an early stage the seriousness of the opponent's intentions and often allows persuading the opponent to settle the dispute without going to court.

Involving FBK Legal in litigation helps to obtain an objective assessment of the prospects for a dispute and information on a defense strategy, optimal actions in connection with a problem situation that has arisen, and procedural possibilities. Entrusting the litigation to our lawyers allows the client to focus efforts towards business development and not waste time preparing applications, lawsuits, reviews, complaints and other documents and participating in litigation.

Commercial disputes

Debt enforcement (prevention of enforcement)
Enforcing liabilities (contracts) in kind
Termination / modification / conclusion of contracts through legal action
Recognizing transactions (contracts) as null and void.
Reclaiming property from illegal possession
Recognizing the owner’s (legal owner’) rights to property
Protecting intangible assets (business reputation, copyright, honour, dignity)
Bankruptcy related disputes⁠

Corporate disputes / Shareholder conflicts

Pre-trial representation of client interests in negotiations with the party to the dispute, including support from a lawyer from our Forensic Practice
Court representation in arbitration proceedings, in particular arising from:
- illegal transfer of property rights to shares (stakes);
- unlawful changes of members of the board of directors, management boards, managing directors/CEOs;
- violations of shareholder agreements (agreements on the implementation of the rights of participants);
- impairment of rights when making additional issues and (or) paying dividends;
- infringements of the right to review the company's financial statements and corporate documents;
- violations of pre-emptive rights, conditions when concluding major transactions, bans on participating in general meetings, falsifying the minutes of meetings;
- interaction with the registrar regarding storing information and making changes to the registry.
Representation with law enforcement agencies, advising on initiation of criminal proceedings related to shareholder conflicts.

Challenging decisions of government authorities, including tax disputes

Tax disputes and disputes with extra-budgetary funds (Social Insurance Fund, Federal Compulsory Medical Insurance Fund, Russia's Pension Fund)
Anti-trust disputes (Federal Antimonopoly Service of the Russian Federation - FAS)
Real estate and land law related disputes (Federal Agency for State Property Management):
- illegal refusals to register the real estate entitlements (Federal Service for State Registration, Cadastre and Cartography);
- disputes relating to construction and technical regulations.
Disputes over intellectual property rights (Federal Service for Intellectual Property, Patents, and Trademarks - Rospatent):
- Challenging / defending intellectual property rights;
- Challenging intellectual property rights transactions;
- Challenging decisions made by the Federal Service for Intellectual Property, Patents, and Trademarks (Rospatent);
- Disputes adjudicated with the Chamber for Patent Disputes.
Disputes with the Bank of Russia on the following subjects:
- issue of securities;
- conducting security sales and purchase transactions in securities;
- refusals to register issues of securities;
- approvals of non-mandatory/mandatory bids for securities, calls for redemption;
- charges of administrative liability.
Disputes over environmental protection and use of natural resources (Federal Environmental, Engineering & Nuclear Supervisory Agency (Rostekhnadzor) and Federal Agency on Subsoil Use (Rosnedra)):
- challenging the results of auctions for the right to use subsoil resources;
- failure to comply with environmental requirements during planning, project feasibility studies, design, location, construction, reconstruction, commissioning, and operation of works, installations or other facilities,
- failure to comply with environmental requirements on waste management from production and consumption, or other hazardous substances, contamination or pollution of land and forests;
- violation of industrial safety standards or of license terms on industrial safety when conducting operations at hazardous production facilities;
- challenging oversight bodies’ regulations.
Challenging decisions on adjusting real estate cadastral values:
- analysing the current cadastral values to determine whether it’s possible and advisable to challenge it;
- supporting the procedure of challenging cadastral value with the Commission on disputes over cadastral valuations;
- assistance in challenging cadastral values in court.
Disputes over regulation in trade and commerce:
- challenging actions of fire inspectorates (State Fire Control Service at Russia's Ministry of Emergency Situations) in the field of fire safety, as well as on civil defence issues and emergency situations;
- Disputes with law enforcement authorities (Russia's Ministry of Internal Affairs, the Investigative Committee of the Russian Federation, the Public Prosecution Office of the Russian Federation);
- entrepreneurial activity without state registration or without a special permit (license);
- sale of goods, carrying out work or rendering services without necessary information or without use of cash register equipment etc.;
- refusal to obey lawful orders from officials representing government oversight (control) bodies;
- failure to fulfil legally issued improvement notices (by-laws, remedial action orders) from government supervisory (oversight) bodies (officials) within the time limits set;
Disputes arising from labour and immigration legal matters:
- violation of labour legislation and labour safety (Labour Inspection);
- violations of the immigration legislation and regulations on foreign nationals employment (federal immigration executive authorities).
Customs disputes (Federal Customs Service):
- challenging resolutions on charges of administrative liability;
- challenging decisions on adjusting value for customs purposes (AVCP);
- assistance in recovery of excess amounts of customs duties paid (collected).

Labour disputes

Advocacy of employer/employee in disputes:
- Reducing number of employees or dismissing employee staff
- Dismissal in connection with the entity’s liquidation
- Dismissal based on certification results (an employee does not the job requirements);
- Repeated failure to perform employment duties (disciplinary measures);
Dismissal for a single, but gross violation of employment duties:
- disclosure of commercial and trade secrets;
- embezzlement, fraud, misappropriation;
- appearance at work in a state of intoxication.
Dismissal for submitting false or faked documents
Dismissal due to loss of confidence

Assistance during court enforcement proceedings, challenging court enforcement officers’ acts

Enforcing award acts of foreign and Russian arbitrary courts

Cases

Representation of a company in a dispute over recovery of losses

Successful defence of the defendant in a claim for RUB 1.8 billion as a compensation for losses

Protection of interests in a case on recovery of losses from a debtor controlling person

Legal representation in a claim of the bankruptcy receiver against our client for recovery of the losses related to the organisation of a conference

Successful representation of a company in a series of court disputes

Protection of a company’s interests in disputes over land legislation and a number of related cases

Successful representation of a company in a dispute with the Moscow Government

Defence of a company due to failure to meet the time limits for issue of an authorisation and licences for construction of a business centre in Moscow

Representation of a company in a judicial dispute over recovery of mandatory payments to the budget

Defence in a case upon an application of Rosprirodnadzor (Federal Service for Supervision of Natural Resource Usage) for recovery from the company of arrears in an environmental impact fee

Representation of the client in a judicial dispute with its former general director

Successful legal representation of the company’s shareholders and new management in a dispute with the former general director of a dependent company

Representation in a dispute with the Federal Antimonopoly Service of Russia

Defence of a large retailer in a case on violations of the conditions of the company’s loyalty programme

Successful representation in seven cases on debt recovery for the total amount of RUB 1.6 billion

Assistance in debt recovery from a pharmaceutical company’s counterparties under agreements for distribution and further sale of products

Support for debt recovery from dealers of a Japanese two-wheeled motor vehicles manufacturer

Representation in a number of judicial disputes within debt recovery and bankruptcy of dealers

Legal representation of a large investment company in a number of cases

Successful protection of a company’s interests in 17 cases

Support for a judicial dispute over debt recovery under a supply agreement

Successful representation of a large international pharmaceutical company in a case on recovery of RUB 272 million from a counterparty — a distributor of products

Legal representation of an oil company in several dozens of cases

Protection of the company’s interests in claims for recovery of the cost of the works performed and other interests

Defence in disputes under agreements with government customers

Representation of a company in a dispute over recovery of a debt and interest under a services contract

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Intellectual property

Employment

Competition / Antitrust

Restructuring / Insolvency

Dispute resolution / Representation in court

Cases

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