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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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Successful representation of interests in court proceedings on challenging of bank transactions by the bank’s bankruptcy manager

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151002_osparivanie_sdelok_bankrotstvo_1Nadmitov, Ivanov and Partners Law Firm has successfully represented the interests of a Swiss bank in court proceedings involving challenging of the foreign bank’s assignment of interbank deposits in favor of its clients and application of consequences of invalidity of bank transactions in Russian bank’s bankruptcy proceedings in Moscow Arbitration court.
The claimant was a bankruptcy manager acting in the name of the RF State Corporation Deposit Insurance Agency (DIA).
The Swiss bank assigned the rights under an interbank deposit kept with a Russian bank to its clients who owned funds under a fiduciary deposit on the eve of the Russian bank’s bankruptcy. Subsequently, DIA tried to challenge those transactions. The proceedings continued for more than a year. Our firm prepared a quality statement of claim supported by experts’ opinions. As a result, the bankruptcy manager refused of its claims which was accepted by the court.
Nadmitov, Ivanov and Partners Law Firm regularly represents the interests of leading Russian and foreign banks in connection with financial transactions and financial regulation issues. The Firm also has a solid experience in representing the interests of Russian and foreign clients in Russian and foreign courts, in bankruptcy proceedings, as well as in international arbitral proceedings.


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Successful representation in the commercial court of cassation

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Nadmitov, Ivanov and Partners Law Firm won the case in the arbitration court of cassation concerning debt recovery under the service contact.

The first-instance court fully satisfied the claim. However the appellate court overruled the decision under the pretext of the expiry of the statute of limitations in connection with the alleged lack of the defendant’s top-manager’s authority to admit the debt. The court also alleged that the power of attorney, under which the vice-president of the company acted, did not specify his authority to admit the debt.

The Commercial (arbitrazh) court of cassation of Moscow District reversed the decision of the lower court with reference to procedural defects and remanded the case for a new trial. In particular the court pointed out that generally there is no requirement to specify separately the authority “to admit the debt” provided that it may derive from the total set of authorities granted to the representative.


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Successful representation in labor dispute

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Nadmitov, Ivanov and Partners Law Firm has successfully represented an employee of a construction company in a court case regarding recovery of an unpaid salary. The court of general jurisdiction of one of districts of Moscow region ordered the construction company to pay the unpaid salary and default interest.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients on labor law matters including executive compensation and labor disputes. In December 2015 the firm has successfully represented an employer that was sued by a top manager for 15 million rubles compensation in a district court of general jurisdiction of Moscow.


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Successful representation in construction dispute

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ayvazovskiy-moskva-jk-61436639-4Nadmitov, Ivanov and Partners Law Firm successfully represented the interests of the developer in court proceedings regarding a claim to repair the facade of a residential complex building. The plaintiffs argued that the facade of the house was defective and needed repair. The utility management company was also involved as a co-defendant. The firm’s lawyers successfully argued before the court that the old technical survey on which the plaintiffs position was based was no longer actual because of the repair work carried out by the developer and the warranty period has expired.

Nadmitov, Ivanov & Partners regularly advises clients on real estate projects.


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Successful representation in the labor dispute

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Nadmitov, Ivanov and Partners Law Firm successfully represented the interests of a Russian company as defendant in the labor dispute in the total amount of 15 million rubles at the district court of general jurisdiction of Moscow.

The plaintiff, a former manager of the respondent,  referring to the delay in issuing employment record book, filed a lawsuit to cancel the records made in the employment history, to oblige the defendant to provide evidence of the basis of dismissal, recovery of earnings in the period from 2005 to 2015, damages for the delay in payment of the salary, unpaid salary, compensation for vacation accrual, compensation for moral damages.

The district court of general jurisdiction of Moscow dismissed the plaintiff’s claims in the lawsuit in its entirety. Thus the plaintiff’s claims against our client were found to be unsubstantiated.


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Case at RF Federal Antimonopoly Service on competitive procurement

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Nadmitov, Ivanov and Partners Law Firm successfully represented a major electricity company in the Moscow branch of the RF Federal Antimonopoly Service in administrative proceedings concerning the complaint of an unsuccessful bidder in a competitive procurement procedure. The claim to issue an order to annul the results of the purchase was rejected in favor of our client.

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