Representation in Foreign Courts

We successfully represent clients in foreign courts and work on cross-border litigation projects. The Firm’s lawyers received a law degree from the best universities in the USA, Great Britain and Germany. Excellent experience in this area and established partnership with a number of leading foreign firms and attorneys around the world allow us to offer clients perfect value for money almost anywhere in the world.

Since the foundation of the Firm, we have represented clients in the courts of the USA, Great Britain, Switzerland, Belgium, Denmark, Cyprus, the British Virgin Islands, CIS countries, Eastern Europe, Mongolia, Singapore and other Asian countries.

We provide the following representation services in foreign courts:

  • determination and selection of the appropriate jurisdiction for dispute resolution;
  • preparation of a judicial strategy;
  • representing the interests of the parties as plaintiffs, respondents, third parties, witnesses in foreign courts;
  • representing parties in cases of preliminary interim measures;
  • preparing and translating documents, collecting evidence for proceedings in foreign courts;
  • preparing legal opinions on issues of Russian and foreign law;
  • representing of interests in cases of recognition and enforcement of foreign judgments.

The Firm’s experience in foreign litigation includes successful representation of interests:

  • shareholders of American company in American federal bankruptcy court;
  • clients in litigation in federal and state courts of New York and California,
  • plaintiff for the collection of unjust enrichment from the management company – the operator of a private aircraft in Austrian court;
  • Cypriot company in a dispute regarding the invalidation of sale of shares agreement in connection with the violation of representations and warranties in Swiss court;
  • plaintiff regarding the notification of Russian party in the proceedings in English High Court;
  • creditor in Czech company’s bankruptcy proceedings in a court of the Czech Republic;
  • defendant in bankruptcy proceedings in Denmark;
  • Russian company in court proceedings in Mongolia;
  • Russian person in court proceedings in Spain;
  • owner of real estate in the court of Madagascar in the case of the arrest and real estate foreclosure;
  • Russian company to recover US$61 million in bankruptcy proceedings against BVI company in the courts of the British Virgin Islands;
  • Russian company in the process of arbitral award’s recognition and enforcement in the courts of the Republic of Uzbekistan;
  • Russian company in the process of arbitral award’s recognition and enforcement on debt collection in the amount of US$61 million in Swiss courts of various cantons;
  • Russian company in the case of preliminary measures’ application in a Swiss court;
  • Russian pipe-rolling company with claims in the amount of US$61 million in Swiss company’s bankruptcy proceedings in the court of the Swiss canton of Zug;
  • Kazakh trading company with claims in the amount of US$12 million in Swiss company’s bankruptcy proceedings in the court of the Swiss canton of Zug;
  • Russian oilfield services company with claims in the amount of US$5.5 million in Swiss company’s bankruptcy proceedings in the court of the Swiss canton of Zug;
  • Russian exploration company with claims in the amount of US$18 million in Swiss company’s bankruptcy proceedings in the court of the Swiss canton of Zug;
  • Russian engineering company with claims in the amount of 2 million Euros in Swiss company’s bankruptcy proceedings in the court of the Swiss canton of Zug;
  • Russian company in the courts of the Republic of Syria in connection with the arrest of a consignment of goods in Syrian port;
  • offshore company in a dispute arising from a derivative transaction with an international bank, which included the preparation of the position of the plaintiff in the High Court of Great Britain.

Dan Tan

Legal Counsel for International Litigation Dan Tan is a recognized international litigation star. He was named one of the top 100 arbitration lawyers in the world by Global Arbitration Review 100 (2012-2019), Legal 500, Chambers and Global Chambers (2012-2019). Dan teaches courses in International Commercial Arbitration at Harvard Law School and International Investment Law at Stanford Law School, USA.


Dan Tan’s experience in international litigation in US and foreign national courts includes:

• in a multi-jurisdictional case involving parallel proceedings in the United States and England, provided specialist forum selection and strategic advice on novel international litigation issues to an international communications entity that enabled litigation in the client’s preferred forum.

• representing in case on recognition and enforcement of judgments, using claim and issue preclusion doctrines (res judicata and collateral estoppel) offensively as part of defense strategy against claims in US courts.

• representation of the client’s interests on the appeal of the court order to suspend proceedings abroad.

• traced assets and collaborated with foreign lawyers in enforcement of £50 million English judgment in New York and several offshore jurisdictions.

Commercial disputes:

• representing plaintiff in international litigation before the California Ninth Circuit Court of Appeals for damages under the Montreal Convention.

• representing plaintiff in a dispute with a claim of US$12 million arising out of a fiduciary duty violation related to a fraud claim in California courts.

• representing plaintiff in a case of breach of a contract for the payment of a commission of more than US$1 million in New York courts.

• representing plaintiff from Taiwan in a case to enforce foreign court order in New York courts. We have secured a preliminary seizure of assets in the amount of US$4 million (what the New York courts called the “extraordinary remedy”)

• representing in a complex bankruptcy case involving asbestos production. The case took place simultaneously in federal and state courts. After an 8-month trial and a large number of petitions and complaints, Dan Tan have obtained a favorable settlement terms for the client. Total Claims exceeded US$1 billion (In Re Congoleum Corp.)

• representing in breach of contract case against a well-known hotel chain in the courts of New York. Dan Tan have achieved an amicable settlement agreement in all respects for the client.

• representing and pursuing large claims arising from fraud and bankruptcy against international companies in connection with the global bankruptcy of BCCI.

• representing in insurance coverage cases before New York and New Jersey state courts, as well as ad hoc arbitration in London.


Sergey Lapin
Partner

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