Commercial
disputes

Solving a wide range of problems

Our team successfully represents clients' interests in various commercial disputes, helping to develop a general dispute resolution strategy, define and implement appropriate steps to protect the client's rights.

Often, commercial disputes involving our clients are cross-border in nature. In such cases, our team actively participates in resolving issues of private international law and coordinates the activities of foreign specialists involved.

Commercial disputes

Comprehensive analysis of the case materials

Our team collects data from all possible sources diligently, including:

  • Open sources
  • Documents provided by the client
  • Witness testimony
  • Materials of criminal and administrative cases
  • Data obtained by detectives

Strategy development

Our specialists develop unique strategies to protect the client’s interests, taking into account the specifics of the case and possible consequences of application of a particular remedy. We develop strategies for resolution of such issues as:

  • Debt collection
  • Recovery of damages
  • Return of assets to an owner
  • Protection of honor, dignity and business reputation
  • Reduction of a penalty
  • Recovery of unjust enrichment
  • Termination of a contract
  • Challenging a transaction

Representing the client

PB Legal team efficiently represents clients before:

  • Courts of all regions of the Russian Federation
  • International commercial arbitration courts
  • Courts of foreign jurisdictions

Projects

Representing the client’s interests in a project for asset tracing and foreclosure of foreign assets with a total value of about USD 20 million, which were illegally transferred to foreign jurisdictions by the former beneficiaries and management of the client’s companies

Our client is a large Russian energy company.
We have developed a strategy for asset tracing in foreign jurisdictions and the return of the client's illegally withdrawn assets. Our task was complicated by the fact that the former management of the client's companies had destroyed the majority of information on the withdrawn assets.

Our client is a large Russian energy company.

We have developed a strategy for asset tracing in foreign jurisdictions and the return of the client's illegally withdrawn assets. Our task was complicated by the fact that the former management of the client's companies had destroyed the majority of information on the withdrawn assets. Moreover, a considerable time has passed since withdrawal of assets.

The client became the victim of a high-profile fraudulent scheme carried out against a number of companies in the energy sector of the Russian Federation by the former management and beneficiaries of these companies. This criminal scheme attracted attention of some of the highest officials of the Russian Federation and the heads of the law enforcement agencies of the country.

One of the key objectives of the asset tracing and recovery project was to obtain interim measures against violators and affiliated foreign companies and banks in the state court of Cyprus. In particular, a court order was received on the disclosure of information by the Bank of Cyprus. As a result, identification of the persons in whose favor the assets were withdrawn became possible.

Together with Cypriot consultants, we have developed a strategy to bring violators to justice. Thus, we file a claim in the Court of Cyprus to to recover damages caused by the withdrawal of assets.

As part of the damages process, we, in cooperation with Cypriot lawyers, managed to secure the adoption of interim measures for the disclosure of information by the secretaries of a company registered in the British Virgin Islands. New information about the defendants obtaining through the interim measures allows the client to expand the circle of defendants and collect the evidence necessary to win the dispute and recover damages effectively.

Representing one of the largest Kazakh companies for the extraction and processing of iron ores in a group of disputes related to the recovery from the illegal possession of subcontractors of components of an electric heat carrier worth more than 70 million rubles

The contractor undertook to repair the electric heat carrier, for which he had received a preliminary payment. Having divided the electric heat carrier into 2 groups of components, he handed them over to two subcontractors for repair.

The contractor undertook to repair the electric heat carrier, for which he had received a preliminary payment. Having divided the electric heat carrier into 2 groups of components, he handed them over to two subcontractors for repair. The contractor has not fulfilled its obligations under the contract so far, and the subcontractors continue to unreasonably retain parts of the electric heat carrier.

Our specialists have developed a strategy based on a system of claims, which aims to provide a protection of the client's rights. We represent the client in disputes concerning the recovery of property from the illegal possession of subcontractors, the recovery of preliminary payment, penalty and damages. The case is significantly complicated by the cross-border nature of the dispute, the necessity to apply the provisions of Kazakh law in the Russian court.

Representing an Italian distributor of electricity and gas in a dispute against a Russian bank for the recovery of debts and penalties in the amount up to 40 million euros.

As a result of the US sanctions imposed in 2018, European companies and banks refused to cooperate with our client. Due to this, he was forced to start the liquidation procedure in Italy.

As a result of the US sanctions imposed in 2018, European companies and banks refused to cooperate with our client. Due to this, he was forced to start the liquidation procedure in Italy.

 

Before the start of the liquidation, the opponents demanded that our client pay the principal debt and began to charge a penalty, which amounted to almost a third of the debt by the time of the hearings.

We have developed a position justifying the penalty reduction. Currently, we are leading a process in a Russian court, representing the client’s interests in a dispute with a Russian bank.

Representation of a large Kazakh mining and metallurgical company in a dispute on the recovery of the preliminary payment under a terminated contract in the amount of US $ 400 000

Our client's contractor has undertaken to carry out the work in accordance with the contract. Our client, the customer under the contract, made an advance payment for the work. Subsequently, due to the restrictions imposed to counteract the coronavirus infection, the contractor was not able to perform the work.

Our client's contractor has undertaken to carry out the work in accordance with the contract. Our client, the customer under the contract, made an advance payment for the work. Subsequently, due to the restrictions imposed to counteract the coronavirus infection, the contractor was not able to perform the work. Our client had to hire another contractor to perform the work and sent a notice of termination to the previous contractor, since, given the nature of the client's activities, delay in performing the work was unacceptable.

Currently, we are leading a case in Russian courts to recover the prepayment made by our client under the contract. The case is complicated by the cross-border nature of the dispute and the necessity to apply Kazakh law.

Development of a strategy to recover damages caused by fraudulent actions of an agricultural holding’s director

Our client is a Swiss company, a shareholder of a Russian agricultural holding.
As a result of the director’s crimes, the principal asset of the company, shares in the subsidiary, was stolen and the company was led to bankruptcy.

Our client is a Swiss company, a shareholder of a Russian agricultural holding.

As a result of the director’s crimes, the principal asset of the company, shares in the subsidiary, was stolen and the company was led to bankruptcy.

We develop a strategy for the client to recover damages caused by the director in different proceedings, both criminal and civil ones. Commitment of frauds at different levels of the holding structure and considerable time period expired from the moment when damages were caused (the criminal case against the director was being investigated for more than ten years) contributed to the complexity of the project.

Successful protection of the client’s interests in a dispute with a contractor arising from disagreements during the construction of a bridge over Nadym River, worth more than RUB 14 billion.

In 2011, our client entered into a contract for the construction of a bridge across Nadym River in the amount of about RUB 14 billion.  Later, the client had disagreements with the contractor, who went to court to collect about RUB 2 billion debts for work.
This conflict lasted more than four years.

In 2011, our client entered into a contract for the construction of a bridge across Nadym River in the amount of about RUB 14 billion.  Later, the client had disagreements with the contractor, who went to court to collect about RUB 2 billion debts for work.

This conflict lasted more than four years.  In 2016, the Moscow Arbitrazh Court granted the judgment to the contractor to recover the debt from our client, based on the construction and technical expertise carried out.  This position was supported by all higher authorities, including the Russian Supreme Court.

Later, within the framework of the criminal case, the expert's opinion was recognized as knowingly false. However, due to the expiration of the limitation period for bringing the expert to criminal liability, the investigator adopted a resolution to terminate the criminal case.

The PB Legal team has proven that the conclusion about the deliberate falsity of the expert's opinion made in the resolution to terminate the criminal case is a newly discovered circumstance that allows revising judicial acts.

As a result of our work aimed at revising judicial acts on the basis of newly discovered circumstances, all adopted judicial acts were canceled, and the case was reviewed.  The Moscow Arbitrazh Court dismissed the claim against our client.