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Dispute Resolution
Dispute Resolution
INTANA Legal carries out its litigation and arbitration practice by qualified lawyers and attorneys and ensures protection of data and documents of the client by exercising attorney-client privilege
Lawyers and attorneys at law of INTANA Legal represent the clients in commercial courts and general jurisdiction courts of all instances, including the Supreme Court.
In-house attorneys and PhD in law allow us to represent our clients in the Constitutional Court of the Russian Federation as well.
In-house attorneys and PhD in law allow us to represent our clients in the Constitutional Court of the Russian Federation as well.
In litigation, we adhere to a “do no harm” principle
By following it, our attorneys and lawyers avoid legal collisions through
1
Extensive interviewing of the client, internal Due Diligence of judicial disputes with the client engaged
2
Developing the defense strategy and discussing it with the client before official statement of case is issued
3
Analyzing the strategy and tactics of representing the case, elaborating various scenarios for court proceedings
Litigation lawyers of INTANA Legal:
✦
Are familiar with the specific nature and difference in approaches to litigation on each certain dispute or within any business activity:
contracting, supply, corporate disputes, recovery of damages, bankruptcy, secondary liability, etc
✦
Possess deep knowledge in commercial disputes and focused specialization in certain types of cases:
corporate, subsidiary liability, recovery of damages, etc.
Services provided by INTANA Legal
- Corporate, administrative, commercial and business disputes;
- Cases in real estate (including lease) and construction;
- Cases in energy supply industry (heating and energy supply);
- Proceedings associated with property damage;
- Financial disputes (including bankruptcy, recovery of debts and damages, factoring, bank guarantees, leasing and insurance);
- Cases on attachment to secondary liability and recovery of damages, including protection of managers and business owners from secondary liability and recovery of damages provided by the Law On Bankruptcy, including for late submission of bankruptcy applications;
- Resolution of intellectual property disputes;
- Protection of manufacturers in disputes with consumers;
- Representation in conflicts arisen due to failure to perform contractual obligations;
- Litigation support in cases on invalidation of contracts or reversal, conclusion and termination of contracts;
- Support in enforcement of judgements awarded by commercial courts and tribunals in Russia;
- Support in enforcement of judgements awarded by foreign courts in Russia
As part of our litigation services, we offer our clients to represent their interests at pre-action stage, which includes negotiations with the opposing parties, mediation, dispute resolution at the enforcement stage, support in negotiated settlement.
Global integrated search of assets, collection and provision of data on property of beneficial owners of debtors both in Russia and abroad.
It is essential that the client’s awareness on any assets of the opponent in litigation and its business activity is crucial and allows to prevent any problems in the future. We are sure that information collected in due time on the counterparty and conducted analysis, both in Russia and abroad, allows to minimize potential losses.
INTANA Legal possesses large experience in achieving these goals and offers the clients a service that manifests in identification and collection of evidence on the counterparties or opponents in litigation and their assets, analyzing their economic and business activity, preparation of case studies and statements.
It is essential that the client’s awareness on any assets of the opponent in litigation and its business activity is crucial and allows to prevent any problems in the future. We are sure that information collected in due time on the counterparty and conducted analysis, both in Russia and abroad, allows to minimize potential losses.
INTANA Legal possesses large experience in achieving these goals and offers the clients a service that manifests in identification and collection of evidence on the counterparties or opponents in litigation and their assets, analyzing their economic and business activity, preparation of case studies and statements.
INTANA Legal’s clients in legal practice are both Russian and foreign legal entities that include major foreign suppliers, automotive manufacturers, retailers, energy and logistics companies.
A well-established communication system with various foreign legal firms helps us to resolve trans-border disputes both independently and engaging our foreign partners, through interaction and coordination of actions with them.
As an adverse change occurred in the activity and business relations in trans-border trade with foreign contractors in 2022, we can witness a significant increase in the number of legal disputes.
Regardless of the current situation of reduced legal efficacy of litigation in commercial courts and tribunals and trans-border litigation in general (complete or partial impossibility to recognize judgements of commercial courts and tribunals on the national level, complexity in execution of judgements, etc.), INTANA Legal continues providing services for legal representation in such proceedings.
A well-established communication system with various foreign legal firms helps us to resolve trans-border disputes both independently and engaging our foreign partners, through interaction and coordination of actions with them.
As an adverse change occurred in the activity and business relations in trans-border trade with foreign contractors in 2022, we can witness a significant increase in the number of legal disputes.
Regardless of the current situation of reduced legal efficacy of litigation in commercial courts and tribunals and trans-border litigation in general (complete or partial impossibility to recognize judgements of commercial courts and tribunals on the national level, complexity in execution of judgements, etc.), INTANA Legal continues providing services for legal representation in such proceedings.
Our team also has experience in
✦
International Court of Arbitration at the International Chamber of Commerce
✦
International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
✦
Commercial Court at Moscow Chamber of Commerce and Industry
Recent cases:
01
Protection of the client’s interests, a member of the management board of a major bank, in the proceeding on recovery of damages amounting to 13 bln RUB.
The project was complicated as this dispute was the third in the history of the Russian legal practice, and previously, the trend in judgments on similar two cases was against the top management. Thanks to clearly elaborated position in client protection, we managed to establish a new legal practice that will help the managers to defend their rights and avoid illegal recovery of damages in the future.
02
Protection of the client’s interests in debt recovery from dishonest contractor.
The lawyers provided legal support and were representing the client in a range of associated disputes on debt recovery under distribution/supply agreements of frozen food products and proceedings against the debtor’s guarantors. As a result of lawyers’ efforts, all debts to the client were recovered through enforcement, and all judgments were supported in all court instances.
03
Representation and legal protection of the client, the general director of a large gold mining company, in the case on recovery of corporate damages.
The client was brought to action by new business owners on recovery of damages for the duration when the client was acting as the general director, amounting to 650 mln RUB. As a result of successfully implemented defense strategy, the claimant abandoned an action against the client.
04
Representation of the client in a civil case, the judgment on which was awarded unlawfully and was based on a precedent: an interest in concluding a transaction was qualified as representations and warranties (Article 431.2 of the Civil Code of the Russian Federation), and failure to conclude it was qualified by the court as the violation of representations.
It enabled the opposing party to claim recovery of damages in the amount of denied profit (50 mln RUB), if this transaction would have been concluded. Our lawyers and attorneys managed to appeal and reverse the judgment. The achieved results became significant for the entire business and legal community.
05
Protection of the client, the general director being the sole executive body, who addressed our specialists for protection in an isolated dispute on attachment to secondary liability exceeding 200 mln RUB.
We developed the defense strategy, considering that the client simultaneously was the general director and the sole member of the debtor (the bankrupt company).).
06
A prominent project in recovery of accounts receivable and damages in favour of a major energy company. For the last 12 months, we completed over 2,000 cases in litigation, which is unique in the history of consulting services.
The establishment and successful performance of a robust recovery group for the interests of the largest company in energy generation and distribution in Russia and abroad, which income exceeds 100 bln RUB.
07
Protection of the client in court associated with termination of government contract, recovery of damages and payment of penalties for improper performance of obligations, for the amount exceeding 10.6 bln RUB.
The project was complicated due to the specific nature of contracts: concluded with the government. In a view to issued counter claims, our lawyers had to represent both the claimant and the defendant.
08
Protection of the nominee director and the member, as well as the widow and children of a party controlling the debtor, in a case on attachment to secondary liability for the amount exceeding 560 mln RUB.
Elaborated legal strategy helped to completely discharge the nominee director from secondary liability and reduce the amount of liability of the successors of the party controlling the debtor, up to 3 mln RUB.
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