Dispute Resolution

Dispute resolution is a key area of practice for S&K Vertical. The Firm’s lawyers protect the Client’s interests in any disputes in commercial and general jurisdiction courts of all instances, as well as in international arbitration institutions. Our attorneys have extensive experience in representing the Clients in the Supreme Court of the Russian Federation, the Supreme Commercial Court of the Russian Federation and the Constitutional Court; many cases have been ended with precedential judgments. The Firm carefully keeps statistics of its victories, for 20 years of practice, S&K Vertical’s lawyers have participated in 2,500 disputes, the percentage of wins is more than 90%.
The partners of the S&K Vertical are the recognized experts in mediation and non-judicial settlement of disputes and conflicts and have in their portfolio a large number of well-known and significant cases that were completed by conciliation of the parties.
The practice of S&K Vertical in the area of commercial disputes and civil proceedings has been repeatedly recognized as one of the best in Russia (according to ranking for 2011—2021), and also recommended by international rankings Legal500 and IFLR1000. According to The Kommersant ranking, S&K Vertical’s judicial projects are among the most significant disputes of the year (2017, 2018), S&K Vertical’s partners are included on the list of the leading judicial lawyers of Russia (2017 - 2021). In 2021 two cases of the Firm were included by The Kommersant on the list of the most significant commercial disputes in Russia. According to the survey by Pravo.Ru300, S&K Vertical is in the top 10 for success in courts (2017 – 2021).

Project experience

  • Corporate disputes, which include representation of participants/shareholders and companies in numerous disputes regarding challenges of the decisions of management bodies, transactions of the company, rights to shares, challenges of share issues, disputes involving corporate registrars, disputes related to challenging records in the Unified State Register of Legal Entities, disputes arising out of corporate agreements, such as: major corporate conflicts, including the Russia’s ‘conflict of the year’ 2020 (protection of the owner of a large IT holding); a dispute regarding recovery of losses from a member of the board of directors of the leading energy company; the commercial case of the year in 2016 (according to Legal Insight and the professional community) regarding the «rights of beneficiaries», which produced a precendential judgment of the Supreme Court of the Russian Federation; a dispute regarding the mandatory offer to buy back shares of the company, as a result, after piercing the «corporate veil» it was possible to hold a controlling stake in the opponents as non-voting and get corporate control over the issuer; a dispute over shares of the company, which produced a precedent judgment by the RF Supreme Commercial Court, which made it possible to redistribute the burden of proving the grounds for transferring the rights to disputed shares to an unscrupulous defendant.
  • Banking disputes arising out of settlements and financial transactions, representation of clients in disputes with banks, including: a dispute with banks (top-10) regarding the compensation for damage caused by illegally cashed letters of credit as a result of a crime in which the lawyer managed to prove the bank’s failure to prevent theft; a dispute regarding unlawful claims arising out of the bonds of large issuers; a dispute between a bank (top-10) and a borrower as to the termination of the transaction with derivative financial instruments (interest rate swaps, or IRS), which was considered by the Supreme Commercial Court of the Russian Federation; a dispute with a bank as to an unreasonably charged commission; a dispute with a bank (top 3) on the recovery of a bank guarantee in the framework of the federal highway construction project.
  • Disputes in the sphere of real estate and construction and claims challenging real estate transactions and registration records, including: the dispute with state authorities resolved by the Supreme Commercial Court of the Russian Federation as to the vindication from the possession of St. Petersburg of the real estate stolen and put up for sale at the auction; the dispute resolved by the Supreme Commercial Court of the Russian Federation as to the rules for registration of pledge of river vessels; dispute regarding the protection of the property right of the buyer of a bulk oil tanker when it was purchased from a person who was a real but not registered owner; a dispute regarding the protection of the property rights of a public organization in respect of the buildings erected on a state land plot assigned to the Ministry of Defense; representation of the judicial department of the Supreme Court of the Russian Federation in a dispute with contractors regarding the construction of the City Court of St. Petersburg, the disputes between contractors and Gazprom structures regarding the construction of gas pipelines; representation of the oil company in the dispute over the demolition of elements of the oil transportation system as an unauthorized construction.
  • Disputes arising out of administrative and public relations, claims challenging regulatory, non-regulatory and technical acts in the sphere of tax, customs, antimonopoly, city planning, including: a dispute in the Supreme Court of the Russian Federation involving claims challenging non-regulatory acts in St. Petersburg regulating the advertising market.
  • Disputes regarding the enforcement of decisions of arbitral tribunals and foreign courts, claims challenging awards of international and Russian arbitral tribunals, including disputes regarding the enforcement of arbitral awards in Russia, China, Germany, Ukraine, the United Arab Emirates.
  • Pre-judicial and judicial protection against defamation, protection of public interests in disputes regarding the protection of honor, dignity and business reputation with leading business media (Kommersant, Vedomosti, RBC, Forbes, etc.) and compensation for moral damage.
  • IP, IT and e-commerce disputes, including copyright claims, patent claims (designs, inventions), data bases, program codes, and issues related to qualification of financial transactions and on-line payments, block-chain.
  • Environmental disputes, including: representation of a timber corporation in disputes related to alleged violations of environmental legislation; representation of an oil refinery in disputes with regulatory authorities; representation of the Client in the case initiated by the supervisory authority seeking compensation of damage caused to soils as an object of environmental protection; representation of the All-Russian Society of Nature Protection in various disputes. Separate disputes within insolvency proceedings
  • Constitutional process, a matter in the Constitutional Court of the Russian Federation, which found illegal the confiscation of leased equipment used in an offense (the Case of the so-called “Platinum Axes”), and clause 2 of Article 8,28 of the Code of Administrative Offenses of the Russian Federation, which allowed confiscation of the property when its owner is not involved in an administrative offence and not found guilty of committing it;
  • Representation of a foreign investor in a complaint against the actions of tax authorities regarding the de-facto confiscation of an asset in the Constitutional Court of Tajikistan.
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