Amiran Gogiberidze, Partner

Services: M&A, Corporate and Commercial Law, Dispute Resolution, Real Estate, Taxation

Amiran is the co-founder and Partner of MGAP and leads on corporate conflict resolution projects (including criminal-administrative proceedings and/or cross-jurisdiction disputes), major property cases as well as international asset tracing and debt recovery projects.

Education:

Graduate Diploma in Law, Moscow State University (MGU), 1998

Professional experience:

Prior to MGAP’s foundation, Amiran:

  • Worked on regulation of insider dealing on the stock market took part in the development of regulation of the securities market in Russia, developed a monitoring system for of members of the Russian Federation stock market;
  • Represented the interests of Russia’s major property owners he set up measures to counteract corporate mergers, created a complex system of protection against corporate mergers within the territory of Moscow and the Moscow region, used his regional experience in combatting corporate mergers as part of his work on regional corporate conflicts
Professional societies and ratings:
  • Advocate, member of Moscow Regional Bar, registration number 50/609
  • Amiran was recommended by Who’s Who Legal as a customs lawyer
Additional Information:

Amiran speaks Russian, English and Georgian

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 holding structure for an oil refining company

MGAP prepared a legal opinion about tax and corporate risks involved in creating a holding structure for an oil refining company.

An investment project in the field of polymer production

MGAP provides a legal support of preparation of shareholders' agreements, investment agreements, restructuring and reissuing of existing contracts for financing and enforcement of financing obligations.

B&N Bank, Russian private bank

MGAP has provided (in close collaboration with a UK law firm) re-registration of the bank's representation in London in connection with a merger of MDM and B&N Bank in Russia, the closure of the bank's representation in London, a re-registration of labour relations with a representative of a foreign citizen in connection with the closure of the representative office.

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 thin capitalization (loans between affiliated entities and persons)

MGAP is advising their client on debt assignment and tax consideration matters related to thin capitalization (loans between affiliated entities and persons).

A holding structure for a hydrocarbon processing plant

MGAP is advising a client regarding the creation of a holding structure for a hydrocarbon processing plant.

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.

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 sale-purchase transaction regarding shares of a company

MGAP provides legal support in a sale-purchase transaction regarding shares of a company, including the drafting of two option agreements with a repurchase clause.

A corporate structure for a large real estate sale-purchase transaction

MGAP prepared a corporate structure for a large real estate sale-purchase transaction in Moscow.

A corporate solution to retain the client’s right as a land tenant

MGAP are developing a corporate solution to retain the client’s rights as tenant (the client is an owner of a building and lessee of land in Moscow) with appropriate tax optimization.

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.

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.

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.

Purchase of the debts of a leading airline

MGAP formalises a case structure designed to acquire and subsequently sell off the debts of a leading airline.

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.

Dispute with a developer avoiding state registration of a share agreement in a construction project

MGAP Attorneys at Law successfully represented the interests of a group of private individuals in the Moscow regional court in a dispute with a builder-investor avoiding state registration of a share agreement in a construction project; with the aim of acquiring rights to a vacant property.
The court ruled on the registration of the agreement with the state authorities.

A cadastral price for leasing the land

MGAP consults with a tenant of a large land plot in Moscow on how to contest a cadastral price for leasing the land.

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.

A legal due diligence for the owner of a commercial property

MGAP undertakes legal due diligence for the owner of a commercial property. MGAP carried out due diligence and all associated document work for its client, the owner of a commercial property in Moscow looking for investors.  As a result of our work we provided our client with detailed expertise concerning the legal requirements, obligations and risks relating to the sale and use of the property. 

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.

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.

Business expansion issues and the launch of his own line of food products

MGAP provides a full legal support to client on business expansion issues and the launch of his own line of food products. At the same time, our client was in direct competition with a former business partner.

MGAP carried out a legal risk due to the current strict regulations governing the production of food products and the specific features of the market for ready made food products.

More...

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.

A large startup in the field of taxi

MGAP provided legal support to a large business startup in the field of passenger taxi transport in the Moscow region. This included the restructuring of a foreign holding company and full legal support to its subsidiary company in Russia.

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. 

Legal support of private investment deal in Moscow residential construction project

MGAP provides legal advice to high net worth individual re investment in Moscow residential construction project. MGAP prepared a corporate structure for a client’s project in three jurisdictions as well as providing tax advice on antitrust law for investment.

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.

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.

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.

The legal grounds and actual demolition risk to a luxury residential estate in Moscow

MGAP's Property team was engaged to provide expert advice to a group of high net worth private clients, owners of a luxury residential estate in Moscow, on the legal grounds and actual demolition risk to their houses.

Due diligence on Russian holding companies with a licence to mine and process mineral deposits

As legal adviser MGAP was a part of its client's international project to buy a controlling number of shares in a company registered in the US in Delaware State with subsidiaries in several jurisdictions.

A termination of a lease agreement on a plot of forest reserve land

MGAP prepares a legal opinion for its client, the owner of a plot of forest reserve land in the Moscow region; the consultation document deals with the termination/reissuing of a lease agreement on a plot of forest reserve land; the case was brought by the state authority.

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 provides legal advice to a foreign company on the structuring of a holding which owns and rents out commercial property in Moscow

MGAP put together a proposal that took into account the relevant tax, civil and land laws which allowed the client to buy the property. MGAP provided legal support to the project and became sole legal consultants for the holding in Moscow.

Advising an entity on developing equipment for seabed exploration for mineral deposits

Tax advice on gold trading in Russia

MGAP has provided tax advice on gold trading in Russia and prepared a legal memo for the client.