Pepeliaev Group’s lawyers advised clients on a number of matters related to customs regulation, among them: (i) customs benefits applied in special economic zones, in free warehouses and in territories of advanced social and economic development; (ii) customs consequences of applying agency (commission-based) models for supplies of goods, and the use of consignment and leasing agreements; (iii) the possibility to import and export commercial cargo by branch offices of foreign companies, and the import of goods used as contribution to the issued capital of a foreign investor.

Pepeliaev Group’s lawyers successfully represented companies providing services in the area of mineral production. When contesting the decisions of the Sakhalin customs authorities regarding the application of customs duties for the contractor with regard to the goods imported for the Sakhalin-2 PSA, our lawyers managed build positive case law for the importer which was subsequently applied to the Sakhalin-1 PSA as well. Moreover, the practice’s lawyers challenged in a commercial (‘arbitration’) court a decision of the customs authority disallowing the application of a customs benefit with regard to equipment imported as contribution to the issued capital. Owing to the efforts of our lawyers the client managed to avoid the need to pay additionally accrued duties in the amount of RUB 20 million.

Pepeliaev Group’s lawyers developed the optimal scenario to import equipment taking into consideration its specific features, the possibility to ship it in assembled form, and contractual relations between the clients and their suppliers of equipment. Our experts also developed a scenario to import the equipment in parts and components and set up a schedule for supplies of such parts. In order to develop a fitting import model, the following factors also had to be taken in account: (i) assigning CCFT codes to the imported equipment and its parts, (ii) the possibility to apply zero import duties and VAT rates to production equipment manufactured outside Russia, (iii) whether it was necessary to obtain certificates of conformity for the equipment and its parts and components as well as special aspects of calculating their customs value, and (iv) whether it was possible to repair or recycle conditionally released equipment as well as the customs requirements when doing so. 

Pepeliaev Group’s lawyers protected the interests of a major Latvian bank within the framework of a comprehensive project to collect bad debt. Having initiated bankruptcy proceedings of borrowing companies and the bank’s sureties, we succeeded in: including claims of USD 8 million in the register of creditors; cancelling the decision of the arbitration tribunal on which an affiliated creditor’s claim was based; and in preventing the withdrawal of the debtor’s key assets that had been pledged as security for its loan obligations. We managed to initiate the proceedings under a simplified procedure based on an application filed by a foreign bank with respect to persons other than the principal debtors. This serves as grounds for these projects to be viewed as important and setting a precedent in terms of judicial decisions resulting from a check of whether bankruptcy applications are grounded.

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.

The Practice’s lawyers represented an international company, which provides engineering services in the area of oil extraction, in a dispute with a major Russian oil company. The parties had mutual claims: in the client’s opinion its opponent had not paid in full for services supplied; therefore the counterparty accused our client of having not performed the work. The dispute gave rise to litigation proceedings the outcome of which could have been that the client lost its equipment and access to the necessary technologies. Owing to the efforts of Pepeliaev Group’s lawyers and our successful negotiations with the defendant, the conflict was settled: the works that were commissioned have been completed and financial claims have been withdrawn.

Pepeliaev Group’s lawyers provided legal support to a major Russian oil company regarding the rational use of natural resources, use of mineral resources, and environmental protection. Among the issues covered were the compensation of damage caused to the environment, the devastation of forests, excessive air pollution, industrial safety, compliance with sanitary legislation, and other matters.

Pepeliaev Group’s lawyers provided full Russian law legal support during the development of the Shtokman gas condensate field for Shtokman Development AG. Our tasks in the project involved reviewing and drafting EPC contracts, advising on legislative amendments, as well as on land law issues and the regulation of construction. This included advice on the following: developing infrastructure, obtaining rights to develop land plots, constructing offshore facilities, and structuring the project. Pepeliaev Group’s lawyers also advised the client on issues relating to environmental regulation. 

Our Real Estate Practice’s lawyers provided legal support to the Office of the Ombudsman for Entrepreneurs' Rights in Moscow and were involved in the drafting the law on amending the Russian Land Code and the Russian Town-Planning Code. The amendments were aimed at offering enhanced access to energy generation facilities by simplifying the procedures and, therefore, reducing the time required for the construction of such facilities.

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 Real Estate Practice’s lawyers provided comprehensive legal support to a leading European car manufacturer which enjoys the same prominence on a global scale. The development project the client implemented in Moscow included the construction of an individual building and the subsequent purchase of A-class warehousing facilities with an area of 60,000 sq.m. The value of the transaction was estimated at around USD 80 million.

Our Real Estate Practice's lawyers represented clients in court proceedings against the government of Moscow Region. The matter in dispute was a failure to include seven shopping malls in the cadastral register for taxation purposes based on their cadastral value. Our lawyers successfully challenged the unfair tax amounts assessed on these real estate items.

Our Real Estate Practice’s lawyers have developed and assisted with a transaction of a major Russian diamond-mining company to purchase office premises in Moscow. The total floor area of the buildings was 11,500 sq.m. while the transaction value amounted to USD 90 million.

Pepeliaev Group’s lawyers represented a client to which a tax authority had assessed additional profit tax on several grounds based on the results of a field tax audit. In doing so, the tax authority did not recognise a court decision which had been previously handed down in favour of the company, insisting that it had a right to specify additional grounds and ignore the previous court decision. Our lawyers managed to defend the client’s position on this point. The court stated that the tax authority should in any case comply with the previous decision of the court. And therefore the court has defended one of the fundamental principles of law that all state authorities should comply with court decisions. The total amount in dispute exceeded RUB 90 million.