Dispute Resolution

 

International disputes. Arbitration. Extradition

MGAP’s lawyers act as expert witnesses for foreign courts, prepare affidavits and legal opinions under Russian law for legal proceedings outside Russia, assist in interviewing witnesses on the territory of Russia, as well as engaging its foreign partner law firms to provide the same for proceedings in Russian courts.

MGAP successfully represents foreign clients in various disputes in Russia, both in the courts of common jurisdiction, and the commercial state courts and arbitrations.

MGAP has established a strong, wide network of colleagues from foreign law firms for the effective representation of clients in arbitration and litigation outside Russia on various cross-border projects.

 

Asset tracing and debt recovery

Since 2013, MGAP has focused on the development and implementation of the effective system of asset tracing and debt recovery outside Russia.

We have developed our own wide network of partners specialising in international asset tracing,obtaining freezing injunctions and debt recovery.

 

Blocking of websites and apps, and instant messengers

Dynamically changing law constantly establishes new rules for the business operations of web-based platforms, apps, and instant messengers in Russia, focusing on extensive grounds of blocking of respective websites and apps due to a wide range of reasons – from copyright violation to failure to comply with personal data localisation rules.

MGAP successfully represents web-based platforms, apps, and instant messengers in relation to personal data protection, regulatory, and copyright issues.

 

Recognition and enforcement 

MGAP provides legal support and representation for its clients in this very important and specialised area. In each particular project we carefully develop the best scenario to proceed, which specifically relates to enforcement of the judgments passed by the foreign state courts, when it could be essential to examine a possibility to apply the principles of reciprocity and international comity.

MGAP also provides legal support for its clients in recognition and enforcement of Russian courts’ judgments outside Russia. Having an extensive network of foreign law firms, most of which are recognised by international rankings, we are able to work out and implement a tailor-made turnkey approach in recognition and enforcement of Russian courts’ judgment in each particular state.

 

Real Estate. Aircrafts 

We successfully represent clients in a wide range of conflicts in connection with large real estate and respective transactions as well as aircrafts and its encumbrance.

MGAP’s lawyers have contributed to the establishment of court practice in recovery of civil damages against state authorities on the grounds of unilateral termination or change of construction of commercial real estate.

 

Copyright and IP 

Our team has a unique experience in copyright and IP, therefore our clients often engage with us for disputes in which there hasn’t been any established court practice in Russia.

 

Commercial disputes. Product liability. Defamation

MGAP represents its clients in wide range of commercial disputes, including violation of licence and distribution agreements, investment deals, franchising deals, production agreements, sponsorship and promo agreements, co-production agreements, etc.

We represent clients in disputes connected with product liability, customer protection, antitrust law, etc.

One of the key areas of our practice is dispute connected with defamation issues.

 

Corporate conflicts

MGAP has a great experience in resolution of corporate conflicts, including the following cases:

  • Breach of shareholder agreements
  • Purchase and sale of shares
  • Challenging the decisions of corporate bodies
  • Impeaching so-called major transactions and related-party transactions
  • Restoring corporate control

 

Criminal cases

MGAP represents clients at all stages of criminal proceedings and sentence enforcement.

Our primary expertise here is international white-collar crimes, fraud, intellectual property crimes, e-crimes, as well as extradition.

 

 

Promsvyazbank, a Russian private bank

MGAP provides legal support to multi-jurisdictional debt recovery disputes, working with local law firms in order to achieve the highest possible level of expertise to bridge the different legal worlds. An example, MGAP prepares affidavits and legal opinions under Russian law for legal proceedings outside Russia, as well as engages its foreign partner law firms to prepare the same for proceedings in Russian courts.

A pre-judicial corporate dispute

MGAP represents of a client's interests in a pre-judicial corporate dispute with a company, where the client is a participant.

Won a dispute on cadastral value of a land lot placed in Moscow region, resulting in more than 50% tax saving for the client

A New York case brought by shareholders of a major Western bank

MGAP provided support to a US law firm in the questioning of Russian witnesses in a New York case brought by shareholders of a bank concerned about activities in the Russian branch of the bank.

Issuing of an expert opinion on Russian law for the Austrian court

Drafting a legal opinion delivered to the Austrian court with respect to certain Russian legal issues (loan agreements, surety agreements, good faith behavior and proceeding in Russian courts of common jurisdiction).

A multi-million claim in the LCIA

MGAP in close collaboration with major UK law firm concluded and negotiated a settlement agreement between parties after a 2 years trial in the London Court of International Arbitration arising from the sale and purchase transaction of a major Russian supermarket chain.

MGAP is successfully accredited by SberBank, a major Russian bank

MGAP has been accredited as funded asset tracing adviser for the territories of EU, European economic area / European Free Trade Association and Shengen zone.

MGAP’s funded asset tracing solution was warmly welcomed by Sberbank’s experts.

The effectiveness of an arbitration agreement with a limitation period

MGAP is advising a major oil and gas company on the effectiveness of an arbitration agreement with a limitation period, and the competence of the Russian court in a dispute resolution between Russian and Polish companies.

Legal support to a client’s testimony submission in the Dubai International Arbitration Centre (DIAC)

MGAP coordinated their client's on-line participation in the hearing in DIAC. MGAP’s lawyer provided comments and explanation to the client during the hearing, consulted the client regarding extraction of evidence, etc.

MGAP in the interests of Russian popular music band SPLEAN won a case in connection with the cancellation of trade mark protection

A divorce case for a hight net worth private client

MGAP prepared documents in a divorce case for a hight net worth private client, including agreements about the children’s place of residence and level of child-support payments.

A low ratio rental rate, reducing the debt from 34 mln roubles to 30 thousands roubles

The Moscow city property department filed a lawsuit against MGAP’s client to recover a debt under a contract of lease of land allotted to the client for the construction of a hotel.

MGAP in the interests of their client filed a counterclaim on low ratio rental rate, reducing the debt from 34 mln rubles to 30 thousand rubles. MGAP succeeded in winning.

A litigation about cancellation one of the urban planning documents

MGAP successful represented its client (a major real estate developer) in litigation against Moscow authorities about cancellation one of the urban planning documents, without which construction is impossible.

Successful recovery of approx. $ 1 mln

Successful recovery of unpaid cost of works (approx. $ 1 mln) for MGAP’s client under an act unsigned by the customer (the opponent of MGAP's client).

The obligation to sign an act on the implementation of an investment project

Successfully completion of litigation about the Moscow government’s obligation to sign an act on the implementation of an investment project of MGAP’s client. The signing of such an act commits the developer (MGAP’s client) to his obligation to carry out construction on the territory of Moscow.

Multi-jurisdictional dispute

Completion of litigation between two foreign companies regarding the obligation of the defendant (the counterparty of MGAP’s client) to transfer 100% of the participating interest in the charter capital of a company. The contract concerned control over a large real estate object in Russia. The legal work involved constructing an algorithm of corporate dispute resolution and resolution of obligations in a deal between two foreign companies in the Russian jurisdiction as well as supporting the disputes in the Russian Arbitrazh Court.

Representation of client’s interest in LCIA

Close collaboration with a large UK law firm in the course of filing a multi-million rouble claim in London Court of International Arbitration arising from the sale-purchase transaction of a supermarket chain.

Right to be forgotten in Russia

MGAP provides a legal advise to the client on legal matters relating to right to be forgotten in Russia. One of the main tasks of our lawyers was to consult with our client on how to set up a legal mechanism for correcting false information published about person on the Internet.

The division of an internet gaming business between its owners

MGAP developed a strategy and prepared a folder of documents on the division of an internet gaming business between its owners, cancelling SHA on the conditions agreed by the parties on the transfer of assets to each of the owners; keeping to the goals as set out of minimising tax and time spent and concluding any lawsuits.

Settlement of disputes over contract obligations concerned control over a large real estate object in Russia

The legal work involved constructing an algorithm of corporate dispute resolution and resolution of obligations in a deal between two foreign companies in the Russian jurisdiction as well as BVI.

 

A claim for recognition of ownership of luxury housing

MGAP Attorneys at Law represents the interests of a private client seeking satisfaction in a Moscow district court in a claim for recognition of ownership of luxury housing.

Illegal use of the name of a music group in an advertisement – the first litigation in Russian judicial practice

MGAP represented the interests of musical group “Zveri” in a dispute against the organizer of a concert, which took place in St-Petersburg as part of an advertising campaign for a new residential complex.

The concert advertising used the name of the group illegally as the group did not agree to take part in the concert.

The name of the group is registered trademark.

MGAP succeeded in winning full compensation.

A dispute over a credit agreement regarding property insurance

MGAP advises on a dispute over a credit agreement regarding property insurance. MGAP represented the interests of a group of private clients in a dispute with a Russian bank over presenting of final demands regarding the proper repayment of a loan. The bank claimed that they had broken the terms of their credit agreement regarding property insurance.

As a result of the claim and following discussions, the bank representatives refused to comply with the demands.

MGAP successfully defends over a claim for penalties in the sum of $96K

The Government of Moscow claimed that MGAP's client broke the terms of an investment contract in particular the terms relating to the period for payment of compensation to the city. The arbitration court agreed with MGAP's conclusion that based on the terms of the agreement and actions of the parties on completion, no arrears were due. The court disallowed the Government of Moscow from claiming penalties from MGAP's client.

The first criminal case to be brought in Russia against an owner of an internet resource for illegal film distribution

MGAP successfully represented the copyright holder of the film “Ironiya sudby. Prodolzhenie”.

Timiryazevshky district court delivered its judgement in the first criminal case to be brought in Russia against an owner of an internet resource for illegal film distribution.

The interests of the copyright holder of the film “Ironiya sudby. Prodolzhenie” were represented by MGAP’s Senior Advocate Yuriy Korchuganov.

A mediation process in a dispute between a major Russian TV production company and a screenwriter

MGAP successfully conducted a mediation process in a dispute between a screenwriter (MGAP’s client) and a major Russian producer of TV content.

Dispute between a large development company and the Moscow Government over damages in amount of over $4 mln

MGAP represented the interests of a defendant (a large development company) in a trial with the Moscow Government over damages in amount of over $ 4 millions - the cost of apartments sold by the developer in compensation of expenses incurred on the reconstruction and renovation of a civil defence building. 

The Arbitration court of Moscow upheld the Moscow Government’s claim. The appeal court reversed this decision and agreed with of MGAP’s claims of lack of grounds for recovery of damages and passing of the statute of limitation.

The Moscow district federal arbitration court left the decision of the appeal court unchanged and dismissed the Moscow Government’s complaint.

Establishing ownership of a large real estate occupying and claiming ownership

MGAP works to establish its client's ownership of a property against a third party illegally occupying and claiming ownership. The property belonging to MGAP's client was being illegally occupied. MGAP developed a strategy to return the property to its client in accordance with their civil rights. An important aspect of the strategy was protecting the owner from accusations of acting unlawfully.

Rights recognition to non-domestic premises on a construction site

MGAP helped a group of private clients in a dispute with a developer – investor in a large estate of apartments in Moscow who refused to recognise the rights of MGAP's clients to non-domestic premises within the building under construction and had taken over the rights based on an agreement made with the previous developer.

MGAP was able to work out a legal solution and successfully represented the interests of their clients in court.

A case regarding a claim by a contractor over payment for work that had not in fact been done

MGAP wins a case regarding a claim by a contractor over payment for work that had not in fact been done.

During the court case experts were called upon but were unable to determine clearly whether or not the work was done in the agreed time period and whether the contractor was in fact able to carry out the work.  Nevertheless, the arbitrazh court upheld the rights of MGAP's client based on additional evidence presented by our lawyers and granted all damages in full.

Successful representing a property developer and major construction investor in dispute

MGAP  successfully represents its client, a property developer and major construction investor, in dispute with apartment owners in luxury residential building in central Moscow.

The owners demanded the re-construction of the apartment block’s utilities laid under a central Moscow street.

The owners tried to prove breach of contractual obligations in the provision of flats of inadequate quality and referred to consumer protection legislation.

The court took into account all arguments and evidence provided by the developer and the investor testifying to the proper fulfillment of contractual obligations to the owners, and dismissed the claim.

Successful representing a major real estate developer in dispute over construction of a hotel in Moscow

MGAP represents major real estate developer in litigation initiated by Moscow Government.

The Moscow Government demanded the termination of a lease on land being used by our client for construction of a hotel. MGAP protected our client’s interests in two courts and both dismissed the Government’s claim.

Following changes in land law the Moscow Government initiated a new case but the Court dismissed the new claim.

Our advocates also prepared a cross-claim and were granted interim measures thus the early termination of contract was recognized as illegal.

Successful representing a major real estate developer in disputes over acquisition of residential property

MGAP represents major real estate developer in disputes over acquisition of residential property.

In a set of connected cases the purchasers - co-investors in the construction project - used consumer protection legislation to persuade the court to award them compensation claiming the flats were not built as specified in the agreement with the developer.

MGAP successfully proved that the claims had no legal grounds.

A dispute over assignment of rights under investment agreement

MGAP represents Moscow real estate developer in dispute over assignment of rights under investment agreement.

The claimant, a company investing in a real estate project, had assigned its rights to an individual but denied the existence of an agreement, thus voiding these rights. MGAP proved that the rights had in fact been assigned. Therefore, the court dismissed the claim against our client.

MGAP prepares legal position for client in litigation with the Moscow Government

The Moscow Government demanded unilateral termination of a lease on land in a prestigious district of Moscow. Our client was prosecuted for material breaches of contract, although these were caused by the Moscow Government itself. A strong legal position worked out by MGAP resulted in the Moscow Government’s withdrawal of its decision to terminate the lease.

Representing foreign client in family disputes, involving the division of property in Russia

MGAP represents its client, a major energy construction company, in $2 million dispute

MGAP represents its client, a major energy construction company, in $2 million dispute initiated by major works contractor.

In the course of litigation MGAP developed mediation procedures and the parties reached an amicable agreement. As a result, the claim was reduced by $1.2 million.

M&A project for a major supermarket chain

MGAP completes 6 months M&A project for a major supermarket chain. MGAP provided full legal support for the transaction on the acquisition of a regional chain of supermarkets. Services included complicated due diligence, participation in the resolution of the chain’s current disputes and supporting the restructuring of bank debts.

MGAP successfully represents property developer in dispute with Moscow Government

MGAP’s client, a property developer, and the Government of Moscow were in dispute over the ownership of apartments in a new build elite housing development.

According to the Moscow Government, the apartments worth $1m were their property and they refused to finalize an investment agreement with the developer.

MGAP was able to prove that the apartments were not the property of the Moscow Government and were instead owned by the property developer’s private clients. The court supported the position of the developer and ordered the Moscow Government to finalize the investment agreement on the terms proposed by MGAP’s client.

MGAP wins litigation dispute against tax authority

MGAP successfully defended its client against the Russian tax authority. A court ruling held that the Russian authority had unlawfully imposed taxes, penalties and fines for tax avoidance exceeding $1.5m on MGAP’s client, a large Moscow building firm.

Success in business reputation trial

MGAP successfully defended the interests of a private client, a film producer, against a former business partner, for publishing misleading information about them on the Internet. MGAP proved that the information published was false and harmed the plaintiff’s reputation. The defendant was ordered to remove the information and forced to pay a fine in excess of $8,000 as compensation for moral damage.

Trial success in copyright case

MGAP’s client, a film production company, was recently involved in a conflict with a film director. The director was dismissed for illegally posting sketches, on-set photos and the shooting script on his blog, thereby violating the client’s copyright and disclosing confidential information relating to the film’s production.

The court ordered the director to remove the items from his blog and charged him over $7,000 for violation of copyright.

Successful commercial dispute

MGAP successfully represents its client – a contracting organisation -in the arbitration court over a claim for damages from a contractor for defects in the works carried out at the client's office.

A legal case claiming damages from the government of Moscow in relation to the non-completion of an investment building project to construct a multi-storey premium-class domestic complex

The reason for non-completion of the building, was a new act on “high rise/pointed structures” undertaken by the state building authorities.

The court ordered the government of Moscow to pay damages in full. 

The illegal reduction of salaries in cutting a bonus paid to class teachers

MGAP  helps a group of teachers from the city of Korolev to make an appeal again the General Procurator of the Russian Federation regarding the carrying out of law enforcement procedures on the territory of Russia.

MGAP advocates as part of their Pro bono work, helped the teachers file a complaint against the General Procurator of the Russian Federation asking him to reconsider the illegal reduction of salaries in cutting a bonus paid to class teachers, and to take measures to punish this action by the Procurator.

Success in dispute with Moscow Government

MGAP represented an investor in a long-term dispute against the Moscow Government. The Commercial Court of Moscow awarded over $4 million in damages to MGAP’s client to be paid by the Moscow Government.

MGAP success in Sheremetyevo Customs case

MGAP represented its client in an appeal in an arbitration court against Sheremetyevo Customs.

MGAP successfully argued that the right to claim VAT relief should be available to a taxpayer whether or not they claim VAT relief in customs documents.

This significant decision changed the case law on this point.

MGAP successfully defended a leading Moscow consultancy company in a defamation case and the appeal that followed

Representing a client in court defending their business reputation

As part of a corporate battle and non-amicable division of a business with the original company owner,  an arbitration process was started claiming unfair competition and loss of reputation.

The court found in favour of MGAP's client and the decision was supported by higher courts.

First copyright case in Russia won against mobile phone operator

Mr. Anton Vartanov, leader of the music group “Magnitnaya Anomaliya“, a client of MGAP, has become the first copyright owner in Russia to win a court case against a mobile phone operator.

The operator, “Megafon“, had been selling the group’s songs to its customers as ring back tones without Mr. Vartanov’s permission.

MGAP’s lawyers demonstrated to the satisfaction of the court that Megafon had failed to carry out chain-of-title checks to ascertain copyright ownership.

The court judged that Megafon had infringed the rights of the copyright owner, Mr. Vartanov, and ordered that the company pay him compensation.

Timur Bekmambetov’s sequel to the original Russian national new year film Irony of Fate whose box office takings exceeded $50 million

MGAP lawyers provide full legal services on the film.

MGAP was required to provide a multi-faceted approach to provision of legal services from the start. One of the first steps was the creation of a corporate structure for the production company before going on to provide full legal support throughout production.

In order to clear rights for the use of sequences from the original “Irony of Fate“, lawyers at MGAP produced agreements with the film’s many rights holders. In addition, MGAP was responsible for all contracts drawn up with cast and crew.

Following the film’s release at the cinema and on DVD, MGAP continue to act as legal consultants regarding the collection and distribution of profits from the project.

MGAP has successfully defended the film’s producers in a court case regarding infringement of author’s rights, as well as providing consulting services on ways of protecting the film’s intellectual property.

Bazelevs

MGAP has advised Bazelevs on various film production and distribution, corporate, tax, commercial and labour issues as well as dispute resolution. 

Bazelevs is an international film company and the leader of Russia's production industry. Bazelevs works in films and advertisement production, post-production and distribution.

Navigator Records

Navigator Records is a major Russian music label. 

MGAP has provided legal support to the client and its activities in Russia. We have consulted our client on disputes in IP, corporate and commercial matters.

SAMSUNG CSC

Sergei Grachev

Managing Partner

AG

Amiran Gogiberidze

Partner