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Dispute resolution and mediation

Dispute resolution and mediation

The attorneys and associates of Pepeliaev Group's dispute resolution and mediation practice represent clients in commercial courts and courts of general jurisdiction (up to the Russian Supreme Court) and in the Russian Constitutional Court. Pepeliaev Group's professionals have extensive experience of handling cases at international commercial arbitration centres. If knowledge of foreign law is required, we engage foreign experts from partner firms.

According to Pepeliaev Group's internal statistics, we have won over 90% of all cases we have handled. What is more, 15% of disputes are settled at the pre-trial stage.

Pepeliaev Group's dispute resolution and mediation practice provides legal services in various disputes: both integrated cases and those that require expertise in a narrow area of law.

  • Corporate, antimonopoly, administrative, commercial, business disputes
  • Disputes relating to real estate (including lease) and construction
  • Financial disputes (including bankruptcy, debt collection and loss recovery; factoring; bank guarantees; leasing and insurance)
  • Resolving disputes relating to intellectual property rights
  • Business defamation disputes
  • Protecting manufacturers in disputes with consumers
  • Representing clients in conflicts relating to default on contractual obligations
  • Cases relating to the distribution of information in the mass media (including exercising rights to refute, responding to the information published, etc.)
  • Liaising with search engine operators so that they stop providing information on websites containing false and outdated information as well as information that is distributed illegally
  • Supporting cases relating to contracts being treated as invalid or not having been concluded and cases relating to contracts being entered into and terminated

Services

Pre-trial settlement and mediation

  • Analysing transactions with a view to assessing risks of disputes
  • Establishing a strategy to avoid or exit a conflict
  • Collecting an evidence base and holding negotiations, including as part of mediation proceedings

Litigation

Disputes in foreign courts arbitral proceedings international commercial arbitration

  • Advising with respect to drafting agreements on jurisdiction
  • Supporting foreign court proceedings relating to Russian jurisdiction
  • Drafting expert opinions on issues relating to Russian law to be provided within the framework of foreign court proceedings
  • Having foreign arbitral awards recognised and enforced
  • Advising with respect to drafting arbitration agreements
  • Advising with respect to conflict-of-law rules and the applicable legislation
  • Representing clients as part of arbitration proceedings
  • Handling cases in state courts to obtain provisional measures to support arbitration proceedings or with a view to cancelling arbitral awards issued in Russia and abroad

Legal risk management

  • Analysing legal implications at the stage when commercial conditions are set for a future transaction and/or a group of related transactions
  • Assessing commercial projects (transactions) in terms of whether the client’s interests have sufficient legal protection in case disagreements with a contractor arise

Enforcement proceedings providing legal support with respect to enforcement of court awards


Projects

Working out the founding principles of the new regulation for leasing relationships Pepeliaev Group lawyers have worked out founding principles of the new regulation for leasing relationships.
Pepeliaev Group lawyers have worked out founding principles of the new regulation for leasing relationships. For many years Pepeliaev Group has been working together with leasing companies and industry associations. Pepeliaev Group partner Roman Bevzenko and senior associate Petr Popov, together with Taxadvisor, have proposed that hire purchase leasing companies which hold leading positions in the market bring up to date the legislative base for hire purchase leasing. This essentially means replacing the existing statutory regulation with a new one.
Our proposal coincided with the Bank of Russia’s initiatives to regulate hire purchase leasing as a sub-category of financial services. Five hire purchase leasing companies jointly commissioned this work from us. It was completed in 2016 and at the beginning of 2017 the results of this work were presented to the business community.
Representing a major telecommunication company at the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry in a dispute with a counterparty The lawyers in Pepeliaev Group's dispute resolution practice have successfully represented a major telecommunication company at the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry.
The lawyers in Pepeliaev Group's dispute resolution practice have successfully represented a major telecommunication company at the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry. The case involved a dispute with a counterparty under a contract for services which was governed by German law. The claimant submitted a claim against the client to recover debt for international telecommunication services provided in an amount exceeding USD 895,000. The claimant’s claims were based on two agreements. Of these, one was governed by Russian law and contained a jurisdiction clause that all disputes should be submitted for consideration to the State Commercial Court of the city of Moscow. The second was governed by German law and, in the claimant’s opinion, it contained an arbitration clause that the parties had agreed on the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry as the arbitration institute that would consider contractual disputes. Owing to the well-grounded position developed by our specialists the claimant reduced the amount of its claims to USD 648,000 to the extent based on the agreement with a jurisdiction clause, agreeing that the International Commercial Arbitration Court at the Russian Federation Chamber of Commerce and Industry lacked the jurisdiction to consider this part of the dispute. The client's position in essence was based on the fact that the claimant had missed the limitation period and that there were no grounds to reinstate, interrupt or suspend the period pursuant to the applicable provisions of the German Civil Code. The panel of the tribunal concluded that it had the competence to consider the part of the dispute asserted by the claimant; however, the panel agreed with our client’s arguments that the limitation period had been missed, and based on this fact the claims were dismissed. The project is interesting in terms of learning aspects of German legislation touched upon in the dispute.
Other projects