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Successful deal about tariffs in the electric power industry

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Nadmitov, Ivanov and Partners Law Firm represented the interests of a large energy company – the interested party – in a lawsuit in the Supreme Court of the Republic of Bashkortostan, in a case of challenging the electricity transmission tariff set against the client. In support of the stated administrative claim, the administrative claimant pointed out that the contested regulatory legal act did not comply with current legislation, included unreasonable expenses in the tariff, the energy company did not meet the criteria of the territorial grid organization, and violated the principles of pricing principles in the field of price (tariff) regulation in the power industry. Also, the plaintiff presented an examination for which we prepared a review. The Supreme Court agreed with our objections to the stated arguments of the administrative claim and refused to satisfy the stated requirements to the administrative claimant, recognizing that the challenged normative legal act fully complies with federal legislation, issued by the authorized body within its competence in compliance with the established procedure.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients in commercial disputes and in the field of energy and tariff regulation.


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Successful battery supply dispute

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Nadmitov, Ivanov and Partners Law Firm represented the interests of a large energy company – the defendant – in a lawsuit in the Arbitration Court of the city of Moscow in the case of debt collection for the goods delivered in the amount of 2 million rubles. During the consideration of the case, the Law Firm prepared and filed a counter-claim on the replacement of the delivered goods with the goods of the respective country of origin. The arbitration court refused to satisfy the original claim and satisfied the counterclaim, while proceeding from the fact that the delivery of the equipment provided for by the contract was not proven by the claimant; the delivery of the goods of the manufacturing country specified in the specification to the contract is an essential condition of the contract.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients on contractual disputes, including disputes from supply contracts.


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Successful dispute in delivery

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Nadmitov, Ivanov and Partners Law Firm represented the interests of a large energy company as a defendant in a lawsuit in the Moscow Arbitration Court, in a case on collecting debt for goods delivered and interest on using other people’s funds in the total amount of 3 million rubles. In support of the claim by the supplier, signed invoices and the act of reconciliation of settlements were submitted. During the consideration of the case, we prepared and filed a counter-claim for termination of the contract in connection with the claimant’s violation of the essential terms of the supply contract, since the supplier supplied a cheaper equivalent of the declared products from another manufacturer. The arbitration court refused to satisfy the initial claim and satisfied the counterclaim of our client, while proceeding from the fact that the claimant did not prove that the equipment provided for by the contract was delivered; the presence of significant violations of the contract by the defendant confirmed.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients on contractual disputes, including disputes from supply contracts.


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Labor dispute about reinstatement

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Nadmitov, Ivanov and Partners Law Firm successfully represented the interests of the state educational institution – the defendant in a labor dispute about reinstatement of an employee at work in the district court of the city of Vladimir. The employee filed a claim against the institution with demands for reinstatement, recognition of orders for disciplinary actions as illegal, recovery of average earnings during a forced absence, recovery of non-pecuniary damage and transportation expenses.

In the trial, evidence was presented that substantiated the legality of dismissing an employee for repeated violation of employment duties without valid reasons (presence of facts of violation of labor duties, absence of valid reasons for violation, compliance with the procedure for dismissal and proportionality of disciplinary measures).

According to the results of consideration of the dispute, the court of general jurisdiction made a decision to refuse to satisfy the claims.

Nadmitov, Ivanov and Partners Law Firm regularly represents the interests of employees and employers in labor disputes.


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Successful case of bringing to administrative responsibility for violation of legislation on currency control

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Nadmitov, Ivanov and Partners Law Firm successfully appealed to the Arbitration Court of Moscow resolutions of the tax authority on bringing the LLC to administrative responsibility under Art. 15.25 of the Administrative Code of the Russian Federation for violation of the deadlines for submitting currency control documents to an authorized bank for amending transaction passports. Having accepted our objections and arguments, as well-founded, the arbitration court declared illegal and canceled completely the decisions of the tax authority on bringing the Company to administrative responsibility.

Nadmitov, Ivanov and Partners Law Firm successfully represents the interests of clients in disputes about bringing to administrative responsibility, declaring illegal the decisions of state bodies on bringing to administrative responsibility.


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Successful case of bringing to administrative responsibility

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Nadmitov, Ivanov and Partners Law Firm successfully represented the interests of the Chairman of the Board of a commercial bank at the Central Bank of the Russian Federation in the case of bringing an official to administrative responsibility under Art. 15.27 of the Administrative Code of the Russian Federation for non-compliance with the legislation of the Russian Federation in the field of countering the legalization (laundering) of proceeds from crime and the financing of terrorism, in terms of organizing internal control. During the consideration of the issue of bringing an official to administrative responsibility, due to the submission of exhaustive arguments in support of the legal position of the bank, the Central Bank of the Russian Federation discontinued the administrative proceedings, applying the provisions of Art. 2.9 of the Administrative Code of the Russian Federation on the insignificance of the alleged administrative offense.

Nadmitov, Ivanov and Partners Law Firm successfully represent the interests of clients in disputes about bringing to administrative responsibility, declaring illegal the decisions of state bodies on bringing to administrative responsibility.


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Successful arbitration project in International Commercial Arbitration Court at the RF Chamber of Commerce and Industry

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Nadmitov, Ivanov and Partners Law Firm successfully represented the
interests of a BVI company owner of a private jet in a case for the recovery
of overpaid sums of money under the contract for aircraft management in
international arbitration in the International Commercial Arbitration Court
at the Chamber of Commerce and Industry of the Russian Federation (the ICAC
at the RF CCI) under Russian law.

The jet was operated by an EU based aircraft management company. The owner
became suspicious about invoices and entrusted us to conduct legal and
financial due diligence. After analyzing more than 7 000 records, we found
out overpayment.

The сlient filed a lawsuit in ICAC claiming the recovery of overpaid sums of
money. We presented detailed calculations, documents from counterparties,
opinions of experts. The arbitration tribunal rendered an award in favor of
our client granting the recovery of unjust enrichment, as well as
arbitration costs and expenses.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients on
international arbitration matters, including in the field of commercial
aviation.


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Successful resolution of corporate dispute in Swiss courts

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Nadmitov, Ivanov and Partners Law Firm together with correspondent Swiss law firm represented the interest of a Cyprus company, the defendant, in Swiss courts. The case concerned contesting a share purchase agreement under Swiss law.

Our client as a buyer took over a machine-building plant in a quick deal with a Swiss company as a seller. The terms of the contract provided for payments in tranches. After paying the initial trance, the buyer suspended other payments because it discovered significant defects of plant relating to its efficiency. The buyer contested the contract on the grounds of fraudulent misrepresentation because the seller provided false information about the plant to them before the contract was made and made false representations and warranties. The seller filled two lawsuits in a Swiss court claiming two tranches of contract’s consideration. When we entered the litigation process, the court had already granted the first claim on recovery of the unpaid sum. We appealed the decision, and the court’s decision was reversed by a superior court on the grounds of improper notification of the defendant. The litigation lasted for four years; as a result the court denied all of the claimant’s (the seller’s) claims and recovered the full amount of court expenses possible in favor of our client.

This case was a complex one. Large amount of evidence had to be translated and presented to the court. Some complex issues of law were raised. In particular, such issues as the difference between a share deal and an asset deal were covered, as well as the possibility to apply the statutory provisions on defective goods to share sale and purchase deals. The court also analyzed the information about the plant, the representations and warranties provided by the seller, as well as the obligation of the buyer to inspect the product at issue before signing the contract of sale.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients in complex corporate disputes in Russian and foreign litigation and arbitral proceedings. We also regularly represent our clients’ interests in the courts and arbitration tribunals in Switzerland.


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Successful litigation project

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Nadmitov, Ivanov & Partners Law Firm represented the interests of a large energy company, the defendant, in the 18th Arbitration Court of Appeals in Chelyabinsk. The case concerned recovery of unjust enrichment in the form of saved payments for the use of a part of the land plot, losses in the form of the costs of biological recultivation of a part of the land plot, losses in the form of the costs of unearned harvest as a result of occupation of a part of the land plot, interest in the total amount of 1,9 million rubles.

The Court of Appeals cancelled the decision of the Arbitration Court of the Orenburg Region in favor of the plaintiff and reduced the amount of interest by more than 100 thousand rubles. The Court of Appeals agreed with the defendant’s arguments, that the calculation of interest on the total amount of losses was unlawful.

Nadmitov, Ivanov & Partners Law Firm represents clients in commercial disputes and in the energy sector on a regular basis.


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Recovery of damages case with a successful outcome

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Nadmitov, Ivanov and Partners Law Firm has successfully represented the public general education institution – the claimant in the recovery of damages case, resulting from actions/failure to act of the Contractor, who was performing repairing works in the school building for an amount exceeding RUR 2,5 million. Incurred damages have been caused by the compiling of the unaccountable consumption of the electric energy acts by the power supply company in respect to the school during the repairing works and the loss is related to the non-compliance with the procedure of the metering units replacement, the absence of the timely notice about the metering units replacement to the power supply company. The Arbitration Court of Moscow has granted the full amount of the claim, acknowledging that the claimant proved the fact that the loss had been incurred, the amount of damages, and also the causal connection with the actions of the Contractor.

Nadmitov, Ivanov and Partners Law Firm successfully represents the interests of clients on disputes, concerning the recovery of damages, electric power and construction industries.


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