Press centre News Разрешение споров и арбитраж

25
August
2017

Beating the Central Bank: the mission is doable

According to statistics put together by analysts at Pravo.ru, over the past 5 years commercial banks have started to take the Central Bank to court more frequently. If there were only 53 of these kinds of cases back in 2013, just five years later their number has increased to 105 disputes. Despite the seeming “infallibility” of the regulatory authority, during this kind of litigation banks can still manage to prove the illegality of certain actions taken by the Central Bank, and get back their licenses. You can read in our materials how, thanks to this, lending organizations were able to beat the Central Bank in court.

Pravo.ru
16
August
2017

Arbitration proceedings: there are no precedents yet, but you hang in there

Six months have passed since the time when legislators started to allow transferring certain corporate disputes over to the arbitration courts for review. This means disputes that are connected with creating, reorganizing, or dissolving a legal entity, that have to do with claims filed by one participant in the legal entity vis-à-vis his/her legal relationships with other parties, that concern appeals filed for decisions made by the legal entity's board of directors, and others. These disputes can be only be given over for review to an arbitration court that has the status of being an arbitration institution that operates on a permanent basis, with fully-developed, published Rules governing corporate disputes, and given the existence of an appropriate arbitration agreement.

Pravo.ru
5
July
2017

Arbitration authorities in The Hague will tackle matters regarding the Crimea

The Permanent Arbitration Court in The Hague decided that it has the right to review the claim filed by the Ukrainian company Ukrnafty against Russia to recover compensation due to the fact it lost gasoline stations in the Crimea. The Russian side, which called into question the court’s jurisdiction during the process, decided not to participate in the proceedings at all. The lawyers questioned by Kommersant note that Russia has already had success contesting the jurisdiction of The Hague Permanent Arbitration Court in a case that involved YUKOS.

Kommersant
29
June
2017

The Constitutional Court deemed legitimate the provision in the Code of Administrative Offenses concerning the mandatory disqualification of insolvency receivers

An insolvency receiver made two mistakes that deprived her of the right to continue her activity for six months. During the appeal, the “trinity” of judges all of a sudden had doubts that the punishment was fair, and so they turned to the Constitutional Court. What came out of that can be read in the materials on the Pravo.ru website.

Pravo.ru
23
March
2017

Clarification of summary proceedings

The Supreme Court has discussed a draft resolution on the application of summary proceedings in civil and arbitral cases.

Victor Petrov, Partner, Head of Litigation practice
New Lawyer's Newspaper (Novaya Advokatskay gazeta)
21
February
2017

The Russian Federal Tax Service, Federal Antimonopoly Service, currency clauses, and bankruptcy: lawyers discussed litigation in 2016

Lawyers and officials from the Russian Federal Antimonopoly Service and the Russian Federal Tax Service discussed the most high-profile court cases from last year at a conference held by the website Pravo.ru. Speakers talked about how organizations can protect themselves against charges of price fixing by the antimonopoly authorities, and also when partnering with a “fly-by-night supplier” will not raise any charges from the tax authorities. Experts revealed the subtleties of searching for a balance of interests using the case with Vympelkom-Tizpribor as an example.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
6
February
2017

Lawyers suggest ways to eliminate laundering schemes that involve the Federal Bailiff Service

Bailiffs have become the linchpin in an impervious laundering scheme – one owing to which last year more than 16 million rubles “sailed abroad” out of Russia. The procedure represents a modification of the well-known “Moldavian scheme” that is now being legalized by authorities. How to deal with this problem from a legal standpoint, and whether there is a way out, was something talked out by lawyers surveyed by pravo.ru.

Ilya Shengeliya, Compliance Counsel
Pravo.ru
22
December
2016

Lawyers commented on the review of bankruptcy practice of the Supreme Court

The representatives of the legal community, at the request of the editorial board Pravo.ru, analysed the 40-page review of jurisprudence published by the Supreme Court on issues related to participation of competent authorities in bankruptcy cases. Despite the fact that the Supreme Court’s summary is mainly concerned with the participation of the tax authorities in the bankruptcy proceedings, it also provides important clarifications aimed at making the practice of general bankruptcy more orderly, say the lawyers.

Pravo.ru
21
August
2017

Russian energy giant files claims against Georgia

In a dispute emphasising the importance of drafting investor-state agreements carefully, a major Russian energy company and some of its subsidiaries are seeking compensation for losses, alleging that Georgia had breached its contractual obligations.

CDR magazine
25
July
2017

The claim filed by Yugra against the Central Bank: lawyers evaluated each side’s chance for success

The Yugra bank, which by now has collapsed, is trying to use the courts to appeal a decision by the Central Bank to introduce an interim administration for it. The prospects for further developments are difficult to assess, lawyers acknowledge, although practice shows that it is almost impossible to win a battle with a regulatory authority, and the situation is unprecedented because now the Prosecutor General's Office has intervened.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
3
July
2017

Gazprom did not concur with its arbiters

Gazprom called the reasoning put forth by the Stockholm arbitration representatives concerning its dispute with Naftogaz Ukraini, even though the mutual requirements would have led to a net balance favorable for the Russian company. Now the Russian monopoly will challenge the decision in Swedish court. According to lawyers, Gazprom might try to prove that the arbiters overstepped the bounds of their authority. Another goal for Gazprom might be to put pressure on Naftogaz, with whom it is now holding talks about how exactly the principles laid out in their preliminary decision will be put into practice.

Kommersant
2
May
2017

Major companies wound up in the center of a fraud scheme that involved the courts

In Russia, the method of stealing funds from the bank accounts of legal entities – with the help of court rulings – is gaining momentum. The essence of the scheme is that individuals seek to recover sums up to 500,000 rubles from large companies. Since these cases are reviewed according to a simplified procedure, business owners do not immediately recognize that the money has disappeared.

Pravo.ru
7
March
2017

The fate of the writ: what lawyers think about the rejection of writ proceedings in the Code of Civil Procedure

A bill has been introduced in the State Duma that calls for entering amendments to the Russian Federation Code of Civil Procedure that abolish writ proceedings in litigation between credit institutions and borrowers that owe them no more than 500,000 rubles.

Pravo.ru
14
February
2017

Moratorium or discussion: how to stop legislation's “berserk printing machine”

The number of laws adopted by Parliament is growing every year, and Russians simply do not have time to adjust to the new "rules of the game." And the chaotic rewriting of existing legal codes only complicates doing business. For example, amendments to the Tax Code are introduced on average once every two weeks, and it is every ten days for the Code of Administrative Offenses. This is the conclusion reached by experts at the Center for Strategic Research (CSR), run by Alexei Kudrin, who analyzed changes in federal legislation over the past two decades. They suggest a variety of ways to deal with the instability with regulations, from the "humane", like engaging in dialogue between factions when discussing initiatives, to the “comprehensive”, like putting a moratorium on amending existing laws.

Pravo.ru
25
January
2017

Amendments to the Arbitration Procedural Code and the Civil Procedural Code: the first roundup

More than 7 months have passed since the time the amendments to the APC and CPC came into force, which were introduced by court order, the institute of interlocutory judgments, and the mandatory complaint procedure for the arbitration process – as well as a simplified procedure for civil cases. The amendments introduced are designed to relieve the burden on the courts, to discipline participants in the stream of commerce, and to speed up the review of cases with undisputed demands. It is high time to find out whether or not this has been achieved.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
21
December
2016

President gives arbitration courts the right to refuse to accept claims

Vladimir Putin signed a new law, according to which arbitration courts can refuse to accept any claim that corresponds to the document posted on the official legal information portal.

Victor Petrov, Partner, Head of Litigation practice
Pravo.ru
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