Publications

Alan Bayramkulov spoke about the role of legal investigations in resolving business conflicts and how facts are important for this purpose.

Journal "The Corporate Lawyer" published an interview with Alan Bayramkulov, Partner at PB Legal | Panin, Bayramkulov & Partners, about legal investigations in the context of dispute resolution.

In the interview, Alan explains why 90% of success in a dispute depends on the facts discovered correctly, and how to find the necessary information through investigation. Using examples from his own experience, he shows how important it is for an investigative lawyer to be a good psychologist, keep a rational mind and be able to build a comprehensive picture of the situation. Alan also shares how the firm's work is structured to help clients resolve business conflicts as efficiently as possible.

You can read more about the publication via the link.

Alexander Panin, Managing Partner of PB Legal | Panin, Bayramkulov & Partners, commented on the regulation of real estate sale-and-purchase agreements between Russian entities with "unfriendly" control.

He spoke about the standard options for such transactions and their specifics, as well as gave recommendations on the alternative option - redomiciliation of holding companies from unfriendly jurisdictions to Russia.

You can read more about the publication via the link.

"Kommersant" published the op-ed by Alan Bayramkulov, Partner of PB Legal | Panin, Bayramkulov & Partners, dedicated to legal investigations and their application in international arbitration proceedings.

Contrary to expectations, the number of cross-border disputes with a Russian element has not decreased significantly over the past year - old proceedings in international arbitration institutions continue and new proceedings involving Russian businesses are initiated. In this regard, services of investigative lawyers helping to gather evidence and form a picture of the factual circumstances of the dispute remain relevant.

In the article Alan Bayramkulov shared his views on international legal investigations, their role in modern cross-border proceedings and the impact of sanctions on access to justice abroad. Alan described general investigative techniques and tactics, emphasized the importance of detailed examination of the facts to win a case and explained how the work of an investigator is similar to that of a surveyor.

The full article can be found at the link.

Alexander Panin commented on the draft law on the possibility of a limited liability company to waive the pre-emptive right.

"Vedomosti" published a comment of Alexander Panin, Managing Partner of PB Legal | Panin, Bayramkulov & Partners, on the draft law allowing to exclude the pre-emptive right of company participants to purchase disposed shares.

Current legislation allows to modify the law-based procedure for exercising the pre-emptive right, but does not directly provide the possibility to completely waive it. The amendments developed by the Ministry for Economic Development of the Russian Federation will allow company participants to exclude the application of the pre-emptive right to disposed shares in a company by unanimous decision.

Alexander Panin pointed out the positive importance of the amendments and their particular relevance for businessmen subject to foreign sanctions. They are interested in passing their assets to third parties as quickly as possible, and the abolition of the pre-emptive right will allow to speed this process up significantly.

On May 11-13, the XI St. Petersburg International Legal Forum was held in St. Petersburg. Managing Partner of PB Legal Alexander Panin as an expert on international companies and special administrative regions (SARs) took part in the session "SARs: new corporate governance tools and opportunities of the Russian jurisdiction".

Alexander Panin spoke about the impact of sanctions on foreign structures that Russian businesses use to hold assets. In his speech, he highlighted the most common problems faced by businesses abroad and noted the novelties of Russian legislation that have significantly simplified the transfer of business to SARs from unfriendly jurisdictions.

As a direction for further development of SARs, Alexander Panin proposed to introduce the institution of Trusts into Russian legislation and to allow the transfer of foreign trusts to SARs. The relevant concept has already been developed by PB Legal specialists. Alexander emphasized the demand for this tool among Russian business, which widely uses it when structuring the ownership of assets through foreign jurisdictions.

We are happy to share great news with you!

The Best Law Firms Rating according to the Arbitration Association (RAA) was released. In this Rating the PB Legal | Panin, Bayramkulov & Partners team was ranked.

PB Legal was named in three categories:

• Corporate Practice – Group 3 (Sustainable Practice).
• Dispute Resolution / Litigation Practice (State Courts) – Group 3 (sustainable practice).
• Economic Sanctions – Group 3 (sustainable practice).

To read more about the ranking, please follow this link.

We are happy to share great news with you!

"Kommersant" published a list of leaders in the legal services market. The PB Legal | Panin, Bayramkulov & Partners team was named in the list.

"Kommersant" presented its annual research of the best legal practices in Russia. PB Legal was singled out in five categories:

• Arbitration proceedings: Commercial Dispute Resolution: Mid-Market – Group 1.
• Arbitration proceedings: Corporate Dispute Resolution: High-End – Group 1.
• Corporate Law: Russian Mergers & Acquisitions: High-End – Group 2.
• Sanctions Law – Group 2.
• Financial & Banking Sector: advising financial and banking sector leaders – Group 2.

"Kommersant" also published an individual ranking of the best lawyers, which also included the PB Legal team:

• PB Legal partner Alan Bairamkulov is noted in the "Commercial Dispute Resolution" category.
• Managing partner of PB Legal Alexander Panin was awarded in the categories "Corporate / M&A", "Production and Industry", "Resolution of corporate disputes", "Sanctions law", "Financial and banking law".

To read more about the rankings and the list of top lawyers, please follow the links: Best Law Practices: federal ranking, Sectoral Best Practices: federal ranking, Best Lawyers: federal ranking.

PB Legal | Panin, Bayramkulov & Partners team obtained recognition of the Russian court judgement in Bulgaria.

On March 21, 2023, Sofia City Court of the Republic of Bulgaria issued a judgment recognizing and enforcing the decision of a Russian court to recover damages caused by a crime.

Our client is a Fund which finances the construction of housing for citizens in YNAO. The ex-director of the Fund was convicted of embezzlement, and the judgment also ordered the recovery of damages from him for damages caused to the client. PB Legal team together with Bulgarian lawyers initiated the process of recognition of the judgment against to the defendant in the Republic of Bulgaria, where the convicted person has significant assets.

During the trial, we in cooperation with local counsel succeeded in having the defendant's assets frozen. However, the opponent abused his rights to delay the case. The defendant used the gaps in the criminal procedure law. He repeatedly filed unfounded complaints against the judgement with the Russian courts. The defendant attempted to convince the Bulgarian court that the judgement was not final and could not be recognized in Bulgaria.

PB Legal lawyers prepared legal opinion in conformity with Russian law, in which they argued that the judgment is final and enforceable. As a result, the Bulgarian court did not allow the opponent to abuse the procedural rights, and ruled in favor of our client. The case is also interesting because the judgment was based on the Treaty on Legal Assistance between the USSR and Bulgaria, which is rarely applied.

The execution of the judgment will allow the Fund to recover the stolen Funds and protect the interests of the citizens who are in need of new housing.

Alexander Panin, managing partner of the PB Legal | Panin, Bayramkulov & Partners commented for Kommersant on the draft legislation prohibiting the alienation of shares without the consent of other shareholders.

The current law allows shareholders to provide for a prohibition on the alienation of shares to third parties without the consent of all shareholders in the company's charter. The draft legislation significantly expands this possibility: the maximum duration of the prohibition is increased from 5 to 10 years. After this period, it will be possible to agree on an unrestricted extension. The project also provides guarantees for blocked shareholders in case of violation of their rights by other participants in the company.

Alexander explained who will benefit from the amendments and how they will affect the investment climate in Russia.

The full article can be found at the link.

After February 2022 Russia, Russian companies, and individuals associated with them has been sanctioned by foreign countries (primarily the USA, Canada, the UK, and EU countries). Sanctions including those targeting the oil and gas industry, banking sector, investment opportunities, and exports of technological products to Russia. In response, Russia implemented countermeasures against the negative consequences of Western sanctions, which continue to evolve and expand to this day.

PB Legal | Panin, Bayramkulov & Partners experts have prepared a brief overview of the main and most important "counter-sanctions" introduced by Russia in 2022 and continuing in 2023.

You can read the alert by following the link.