Publications
Our Client is a large Kazakhstani mining and metallurgical company, one of the largest producers of chrome raw materials and ferroalloys in the world.
The Client ordered a Russian contractor company, established jointly by a Russian and a South African company, to carry out works in the smelting shop.
Our Client is a large Kazakhstani mining and metallurgical company, one of the largest producers of chrome raw materials and ferroalloys in the world.
The Client ordered a Russian contractor company, established jointly by a Russian and a South African company, to carry out works in the smelting shop. According to the contract, the Client transferred an advance payment to the contractor, but due to COVID-19 restrictions the works were not performed and the advance payment was not returned.
As a result of PB Legal team's actions, the Arbitrazh Court of the Moscow region awarded the advance payment in favour of the Client. However, the controlling persons of the contractor company withdrew most of the assets in their favour, therefore the Court decision was unenforceable. In order to recover the advance payment, PB Legal team initiated bankruptcy of the Russian contractor, in the course of which the insolvency administrator challenged the transactions on withdrawal of assets in favour of an affiliate, recovered unjust enrichment, and filed an application for bringing the controlling persons to subsidiary liability.
Thereafter, the controlling persons of the Russian contractor proposed to the Client to enter into a settlement agreement under which they would voluntarily repay the debt. The settlement agreement was approved by the court and the opponents have already transferred part of the funds under it.
Additionally, a company from South Africa, one of the Russian contractor's shareholders, was a subcontractor under the contract with the Client. Due to the fact that the Russian contractor transferred to this company an advance payment, the insolvency administrator filed a claim for recovery of the advance payment and losses. Under the terms of the settlement agreement the right of claim against the company from South Africa was transferred to our Client, and PB Legal team filed an application for procedural succession on Client’s behalf.
The project was led by Alan Bayramkulov and Pavel Chistyakov.
#WINSOur Client is a large Russian dairy manufacturer known for producing cheese, cottage cheese and butter.
Our Client is a large Russian dairy manufacturer known for producing cheese, cottage cheese and butter.
The client asked us to represent its interests in the courts of the Russian Federation in disputes with a foreign supplier and a guarantor bank. The supplier violated its obligations under the contracts for the supply of industrial equipment, citing the EU sanctions against Russia. The same motivation was used by the guarantor bank to refuse to pay the Client the sum of the guarantees securing the supplier's obligations.
PB Legal team prepared a strategy to protect the Client's interests and filed lawsuits against the supplier and the guarantor bank. At our request, the court took interim measures against the assets of the guarantor bank. In June 2024, the Arbitrazh Court of Moscow ruled in favour of our Client to recover the sum of the guarantees of EUR 4,820,000 and the interest of EUR 170,000 from the guarantor bank.
The project was led by our lawyers: Konstantin Galin, Igor Startcev, Yulia Isakova, Ilya Belyaev.
#WINS‘Vedomosti’ published a commentary by Alexander Panin, Managing Partner of PB Legal | Panin, Bayramkulov & Partners, on the new version of the draft law adopted by the Ministry of Economic Development regarding expansion of the regulation in the area of corporate contracts (shareholders' agreements).
‘Vedomosti’ published a commentary by Alexander Panin, Managing Partner of PB Legal | Panin, Bayramkulov & Partners, on the new version of the draft law adopted by the Ministry of Economic Development regarding expansion of the regulation in the area of corporate contracts (shareholders' agreements).
The Ministry of Economic Development has prepared several draft laws envisioning the creation of the new regulation in the area of corporate agreements by expanding their role in the company's activities. Amongst other things, the Ministry proposes to reform the mechanism for determining the penalty payable due to violation of the terms of a corporate agreement, to introduce a new institute of a will substitute court decision on the outcome of the vote of the board of directors, as well as to introduce special implements of alienation of shares, including those in favor of third parties.
The Ministry points out that the draft law will contribute to the optimization of companies' activities on the market and reduce the risks of corporate conflicts.
In the published commentary, Alexander Panin noted that the proposed mechanisms promote a more effective use of the corporate agreement in practice. According to Alexander Panin, the law will create guarantees of compliance with the agreement of the parties and will allow them to achieve greater protection.
More details of the publication can be found on the link.
#OPINIONProjects
Representing a client, a Kazakh company, in a dispute over recovery of unearned advance payment and in a counterparty bankruptcy case.
Our Client is a company from Kazakhstan, one of the largest producers of chrome raw materials and ferroalloys in the world. The Client entered into a contractual agreement with a Russian enterprise. The Russian company did not complete the work under the contract, but did not return the unearned advance payment.
Our Client is a company from Kazakhstan, one of the largest producers of chrome raw materials and ferroalloys in the world. The Client entered into a contractual agreement with a Russian enterprise. The Russian company did not complete the work under the contract, but did not return the unearned advance payment. The law applicable to the construction contract is the law of the Republic of Kazakhstan.
PB Legal's team successfully recovered a debt from a contractor in a Russian court. Based on this decision, we initiated bankruptcy of the debtor company. As part of the bankruptcy proceedings, we challenged transactions involving the withdrawal of assets from the company in favour of a controlling person, and initiated a proceeding to bring the controlling persons to subsidiary liability.
In addition, our team is also supporting a litigation to recover in a Russian court under the law of the Republic of Kazakhstan the unearned advance payment and damages from a South African company, which also failed to perform work for the Client in co-operation with a Russian company.
Comprehensive legal support of the Client’s interests in bankruptcy proceedings of a major contractor.
Our Client is a creditor of a construction company that is currently under bankruptcy proceedings. Works amounting to more than RUB 3 billion were not fulfilled to our Client.
The Client needed legal assistance in conducting an effective bankruptcy procedure of the debtor company to ensure the maximisation of the Client's claims.
Our Client is a creditor of a construction company that is currently under bankruptcy proceedings. Works amounting to more than RUB 3 billion were not fulfilled to our Client.
The Client needed legal assistance in conducting an effective bankruptcy procedure of the debtor company to ensure the maximisation of the Client's claims. In the monitoring procedure, creditors filed claims totalling more than RUB 7 billion.
The client is also interested in termination of all contractual relations with the unconscientious contractor, with transfer of all rights and obligations under the contract to the new contractor at the same time.
The PB Legal team represents the Client's interests by (1) supporting the inclusion of his claims in the creditor's register, (2) preparing objections to the claims of other creditors, as well as (3) participating in the disputes with the debtor outside the bankruptcy case, which may help to enlarge the bankruptcy assets.
Elaboration of a strategy to protect the Client’s rights to a well-known brand.
Our Client is Denis Nikolayevich Simachev, a well-known modeller, designer and restaurateur.
At the claim of a foreign company, the Client's trademark was cancelled.
Our team developed a strategy to protect the Client's rights to his brand. As a result of its successful implementation, the trademark of a foreign company was cancelled.
Our Client is Denis Nikolayevich Simachev, a well-known modeller, designer and restaurateur.
At the claim of a foreign company, the Client's trademark was cancelled.
Our team developed a strategy to protect the Client's rights to his brand. As a result of its successful implementation, the trademark of a foreign company was cancelled. The cancellation of the legal protection to the trademark will allow the Client to restore the rights to his trademark.
As a result, the Client will be able to conduct further creative and entrepreneurial activities using his brands.