RI-Consulting Law Office has significant experience in successful (effective) defense of interests and restoration of violated rights of Clients in arbitration courts, as well as in courts of general jurisdiction.
The practice of our lawyers includes cases in arbitration courts, the International Commercial Arbitration at the Chamber of Commerce and Industry of the Russian Federation (ICAC).
Our Clients who use the services of legal representation are owners of small and medium-sized businesses, including foreign businesses (business represented in the Russian Federation and those without representative offices/branches/units in the Russian Federation).
THE MAIN AREAS OF THE DISPUTE RESOLUTION. ARBITRATION PROCEEDINGS PRACTICE of RI-CONSULTING ARE:
- commercial disputes, including disputes related to recovery of any kind of debts (accounts receivable, unjust enrichment, damages, compensation of violated rights of other kind, etc.);
- corporate disputes (exclusion of participants/shareholders, invalidation of resolutions adopted at general meetings of participants/shareholders, invalidation of entries in state registers and their exclusion, etc.;
- reclamation of documents, protection of violated interests of participants/shareholders, contestation of transactions and other);
- disputes in the field of real estate and construction, including disputes related to lease relations;
- disputes with governmental authorities (invalidation of non-regulatory acts, etc.);
- antitrust disputes;bankruptcy disputes;other disputes.
The team of RI-Consulting Law Office also specializes in the resolution of disputes in the courts of general jurisdiction on a par with Arbitration proceedings since 2018. During this time, we have gained considerable experience in handling cases in courts of general jurisdiction and can confidently call ourselves professionals in this practice.
THE MAIN DIRECTIONS OF THE DISPUTE RESOLUTION: DISPUTE RESOLUTION IN COURTS OF GENERAL JURISDICTION PRACTICE ARE THE FOLLOWING:
- disputes related to collection of any kind of debts (debts, unjust enrichment, losses, compensation for violated rights of other kinds, etc.);
- disputes in the field of real estate and construction, including disputes related to lease relations;
- disputes with state authorities (invalidation of non-regulatory acts, etc.) and antitrust disputes;
- other disputes.
OUR RANGE OF SERVICES INCLUDES:
- preparation of a legal opinion for the purpose of assessing the prospects for resolving a dispute (prospects of obtaining a result satisfactory to the client);
- the feasibility of restoration of violated rights, prospects of execution of a judicial act, etc.;
- development of judicial strategy;
- implementation of measures aimed at the formation of the evidence base, including by applying to expert organizations, sending advocacy requests and appeals to state and non-state bodies and organizations, etc.;
- measures aimed at pre-trial settlement of a dispute;
- representing the interests of Clients in courts of first, appellate and cassation instances and the Supreme Court of the Russian Federation;
- representation of Clients' interests at the stage of enforcement of a judicial act.
Represented the Client in litigation (beneficiary of LLC) contesting a transaction involving sale and purchase of 100% share in Holding GmbH (Germany). The Client's goals were fully achieved, RI-Consulting succeeded in dismissing the lawsuit, and the Client's property was preserved (LLC) worth RUB 6 billion.
Services on judicial representation in cassation instance in a case that was lost in all instances by other lawyers. The project's significance is that as a result of provided legal assistance we managed to delay collection of 331 mln rubles from the Client for more than a year, as we managed to get two suspensions of court judgments in court. Also, Elena managed to get the RF Supreme Court to cancel judicial acts on collection of 331 mln rubles from the Client and to collect 189 mln rubles for the Client during new examination, and later to conclude an amicable agreement with the opponent.
Recovery of compensation for infringement of exclusive rights to trademarks under the RF certificates from the opponent. In a new hearing of the case RI-consulting achieved satisfaction of the Plaintiff's claims and recovered compensation for the violation of exclusive rights to trademarks in full. The Client's objective has been achieved, the claims for compensation for infringement of exclusive rights to trademarks owned by the Client have been satisfied.
• Represented defendant (Contractor) in litigation against LLC (the Client) seeking recovery of 42.5 million rubles in debt and 69.2 million rubles in penalty for construction and installation works under Moscow - St. Petersburg highway section at the last hearing before the court of first instance. The Client was denied the claim and the appeal left the decision unchanged. The project is very important for the Client's industry, because in practice, unfortunately, customers quite often refuse to pay for work performed by contractors, and make it difficult to recover money in all possible ways. A unique feature of the project is also the fact that the Client deliberately signed the acts of work acceptance by an unauthorized person. In the court of first instance, he stated the expertise on disputing the signatures, which found that the signatures were not made by the General Director of the Client. Only at the stage of cassation appeal RI-Consulting succeeded in having such behavior recognized as bad faith, which, among other things, resulted in cancellation of judicial acts and sending the case for a new trial to the Arbitration Court of Moscow.
• Legal assistance in a court dispute over a claim of LLC against Client for recovery of unjust enrichment. The case was considered by the Moscow Arbitration Court and RI-Consulting prepared a legal position confirming the illegality of the claims made by claimant LLC, in connection with which the claims were denied.