Production of consumer goods
We represented a Client in the Arbitration Institute of the Stockholm Chamber of Commerce in a dispute with a counterparty arising from a contract under Russian law for the supply of broiler hatching eggs. The dispute was over a debt of UDS 500,000, which our Client’s claim sought to recover. The counterparty issued a counterclaim seeking compensation of alleged losses of USD 10 million. The Client’s claim was upheld; the counterclaim was rejected. The direct involvement of Pepeliaev Group’s lawyers in the arbitration in Stockholm demonstrates our team’s wide capabilities. The project involved: drafting all the procedural documents, speaking English during the hearings, working with witnesses (preparing and interrogating the Client’s witnesses, cross-examining the counterparty’s witnesses), and working in close cooperation with our Client's Swedish lawyers engaged for the arbitral proceedings. The case was considered under Swedish arbitration legislation; aspects of English law were applied in the hearing to the concept of liquidated damages (i.e. those agreed in advance).
The practice’s lawyers provided legal support to a major global sportswear producer in a number of disputes in which it sought to recover debt from a distributor and regarding the termination of a distribution agreement. Within the framework of the project, our lawyers successfully defended the client in the court of first instance in a dispute initiated by a distributor which was seeking to invalidate a distribution agreement. In addition, Pepeliaev Group’s lawyers have completed a litigation initiated by the issuer of a USD 400,000 promissory note to secure the distributor's performance of its obligations. The issuer was seeking to have the security transaction invalidated. Our lawyers also defended the client in three court cases against a bank to receive USD 3 million secured by a bank guarantee. This project is important from the standpoint of forming judicial practice relating to the enforcement of security for obligations in situations where the issuer of the promissory note has no obvious economic interest in the secured obligation, and when bank guarantees contain incorrect wording relating to the secured obligations.
Our lawyers represented a French multinational group, the second biggest worldwide brand portfolio of luxury, sport & lifestyle divisions and retail brands, in a transaction to lease 2,000 sq. m. of retail premises in extremely close proximity to the Kremlin.Among the tasks our team had to accomplish was full transactional support , including for the subsequent renovation of the facilities before the store opened.
Our lawyers successfully provided support during two field tax audits of a famous producer of confectionery. The objections drawn up by our lawyers and a discussion of them with the tax authority allowed litigation to be avoided. In the first case we managed to convince the tax authority that there was no justification for its conclusions that there was a reduced price for products sold for export. In the second case the objections were accepted with regard to conclusions that the taxpayer had overstated the expenses on payment for intra-group services from foreign companies of the group.
Our Antitrust Practice's lawyers provided integrated legal support to an international manufacturer of sports clothes and equipment in its day-to-day business operations. Pepeliaev Group’s lawyers reviewed agreements from the standpoint of competition legislation. We also analysed the client’s business model including its online sales model, and provided advice on Russian advertising legislation.
The client, a producer of baked products, contacted us to ask whether it needed to obtain a licence to produce, store, and supply the food products containing alcohol that it produced.
We were contacted by a supplier of foreign food products at the stage when Rospotrebnadzor was conducting an inspection at its warehouse.