LITIGATION
Mansors is retained to represent clients in Russian state arbitrazh (commercial) courts and courts of general jurisdiction in commercial, corporate and regulatory matters.
We act in the state courts' proceedings in support of arbitration proceedings to secure injunctions, receive disclosure court orders in support of arbitration, setting aside of arbitral awards and the recognition and enforcement of foreign arbitral awards.
We act in the state courts' proceedings in support of arbitration proceedings to secure injunctions, receive disclosure court orders in support of arbitration, setting aside of arbitral awards and the recognition and enforcement of foreign arbitral awards.
Our recent successful cases inlclude
- Represented a subsidiary of a major multinational vehicle manufacturer in litigation proceedings in Russian arbitrazh courts, initiated by the counterparty in violation of an arbitration clause in a contract, and advising in connection with arbitration proceedings in Paris, France. Representing the client in arbitration proceedings for the recovery of damages including lost profits from the client’s forwarder.
- Represented a major Russian manufacturer of measuring instruments and other industrial products in a dispute on recovery of funds under a cooperation agreement. The complexity of the dispute was linked with ambiguous interpretation of the contractual terms, necessity to determine contract's legal nature and lack of the client's consent for receiving services, as well as lack of actual performance by the counterparty.
- Represented a Chinese automobile manufacturing company in connection with bankruptcy proceedings involving a Russian automobile manufacturer with a claim of USD 58 million.
- Represented a global provider of technical, project and operational support services in setting aside proceedings of the 2010 ICAC (Moscow) arbitration award issued against the client.
- Represented a major international machinery company, in a litigation related to an alleged software-related infringement and breach of contract.
- Represented an international telecommunications company in several disputes related to the theft of leased equipment by an employee of the company.
- Represented a Swiss bank in a dispute over the blocking of its website due to the fact that the information posted on it was prohibited for distribution.
- Represented a foreign insolvent bank in numerous legal disputes related to asset tracing and recovery.
- Represented Mangold Consulting a leading German consultancy firm in the recognition and enforcement proceedings of a DIS arbitral award arising from the construction of one of the largest textile factories in Russia (State Arbitrazh Court of Saint Petersburg and Leningrad Region).
- Represented an Italian construction company in disputes with a subcontractor and third parties related to the unenforceability of the arbitration clause and the possibility of holding controlling persons liable.
- Represented Lodi, a Dutch construction equipment dealer, in a commercial dispute against its Russian distributor (State Arbitrazh Court of Saint Petersburg and Leningrad Region).
- Represented UBS Switzerland in a dispute against Promsvyazbank arising from the arrest of two commercial aircraft in Russia (Arbitrazh Court of Moscow City).
- Represented a Chinese company in numerous disputes in the Moscow Arbitrazh Court related to allotment of land plots for construction.
- Represented top management of a major fertilizer producer in a criminal case initiated on charges of fraud.
- Represented a Western air cargo company in aircraft-related disputes against a Russian company and governmental organizations in proceedings in Russian and Ukrainian courts.
- Represented a German pharmaceutical company in disputes related to debt recovery from an insurance company.
- Acted on behalf of a major US privately-owned fund in several real estate disputes in Russia.
- Represented car manufacturers in disputes over consumer claims related to alleged defects in purchased vehicles.
- Represented a real estate developer in parallel litigation proceedings initiated by a general contractor in violation of the arbitration agreement, which arose out of a construction project of trade and warehousing complex in the Moscow region.
- Represented Ameropa Group, a Swiss company, in the proceedings arising from UralChem’s hostile takeover of Togliattiazot (The Court of the Samara Region; Russian Supreme Court).
- Represented a Cyprus company in the recognition and enforcement proceedings of two LCIA arbitral awards arising from a loan and personal guarantee (Arbitrazh Court of Moscow City).
- Represented a US corporation, an electronics manufacturer, in disputes on consumer claims related to alleged defects in purchased products.
- Represented a US multi-industry company in a dispute arising out of a customs representation agreement. The dispute concerned a strong interconnection of civil and custom legislation. The firm successfully proved that despite imperative provisions of custom regulations, a custom agent itself was liable for the additional charge of customs payments and the client should not compensate the alleged damages in the amount of more than 30 million rubles.
Mansors has a remarkable track record of success trying cases in the courts of the CIS and EU member states, the USA, the British Virgin Islands and other.
Our recent successful cases inlclude
- Represented Gazprom export LLC in the course of litigation proceedings in the High Court of Justice in London against its joint venture in Bulgaria, Overgas Inc. AD, its affiliated entities and the beneficiary of the group, a Bulgarian businessman (CL-2018-000161). The client claimed damages incurred as a result of actions taken by Overgas Group of companies and their beneficiary (Defendants in the London proceedings) with the purpose of changing the shareholders’ structure and obtaining control in the subsidiary of Overgas Inc. AD (Overgas Mrezhi AD). At the end of January 2021, Gazprom export LLC and Overgas Inc. AD reached a mutually satisfactory final agreement on the settlement of all existing disputes and claims, as well as the sale of the share of Gazprom PJSC and Gazprom export LLC in Overgas Inc. AD. As a result of the agreement, the client received over EUR 100 mln, and the litigation proceedings in the High Court of Justice in London were terminated upon the parties’ mutual agreement.
- Represented RWE AG against Rustenburg Co. Ltd. in the appeal proceedings with a EUR 700 million damage claim (plus interest) against RWE AG in the Hamm Higher Regional Court in Germany. Sintez Group and RWE AG had planned a joint acquisition of the Russian energy supplier TGK-2 in 2008. Following the failure of the negotiations, Rustenburg Co. Ltd., part of Sintez Group, filed the damage claim against RWE AG arising from the termination of the mutual plan. After initial dismissal of claims, Rustenburg Co. Ltd. continued the dispute before the Hamm Higher Regional Court and obtained an extensive discovery proceeding in English and Russian law. The Higher Regional Court has dismissed Rustenburg's appeal and denied the appeal to the Federal Court of Justice.
- Represented a subsidiary of a major multinational vehicle manufacturer in litigation proceedings in Russian arbitrazh courts, initiated by the counterparty in violation of an arbitration clause in a contract, and advising in connection with arbitration proceedings in Paris, France. Representing the client in arbitration proceedings for the recovery of damages including lost profits from the client’s forwarder.
- Represented a subsidiary of a global telecommunications equipment company in the Supreme Commercial Court of Belarus against a claim for damages of over USD 30 million filed against the client by a Belarus state enterprise to cancel an agreement for creating a state-of-the-art transportation security system.
- Represented a Western air cargo company in aircraft-related disputes against a Russian company and governmental organizations in proceedings in Russian and Ukrainian courts.
- Represented a major French telecommunications operator in litigation proceedings at the Supreme Commercial Court of the Republic of Belarus in a dispute out of an investment contract for the construction of a network.
- Represented a Russian defense enterprise in the arbitration proceedings under the Rules of the ICAC at the Ukrainian CCI against the client’s supplier in a case involving USD 10 million worth of claims arising from the supply contract and due to non-performance of contractual obligations and subsequent force majeure circumstances as a result of the actions of the supplier’s State.