Partner, Attorney at Law
Andrey Mikoni
Specializations:
Specializes in litigation, corporate law, bankruptcy.Andrey Mikoni manages the lawfirm’s office in Saint Petersburg, heads the litigation practice, specializes in the area of commercial litigation and arbitration, has an extensive experience in the highest courts, the Supreme Court of the Russian Federation and the Supreme Commercial Court of the Russian Federation, in international commercial arbitration, in organizing litigation in foreign jurisdictions, coordinates the work of litigation lawyers in complex disputes with the transnational element and in bankruptcy proceedings.
Under the leadership of Andrey Mikoni the judicial practice of S&K Vertical is annually recognized as one of the best in Russia by Pravo.ru-300 rating and recommended by the international ratings Chambers, Legal500 and IFLR1000. Since 2017, Andrey Mikoni has been the leader of the Kommersant individual rating in the Bankruptcy and Intellectual Property categories. In 2021, Andrey Mikoni was recognized as the Attorney of the Year in the banking and international law sector by the Best Lawyers international rating.
Education:
Andrey Mikoni graduated from the Law School of the St. Petersburg State University in 2006.Ratings:
Andrey Mikoni’s projects are included in the international (Chambers, Legal500, IFLR1000) and Russian (Pravo.ru-300, Kommersant) ratings.
Project experience
- Represented the interests of the largest social network in the CIS countries in a dispute regarding the use of the so called ‘big data’. The outcome of this case will inevitably influence the evaluation of limits of free use of personal data published on the Internet as such information may be seen and protected by the law as a database (object of related rights);
- Represented the interests of a creditor in the insolvency proceedings on one of the largest development companies in the North-West Region of Russia. The client’s claims were satisfied in full;
- Support for the bankruptcy procedure on a large machine plant. The registered creditors’ claims towards the debtor exceeded USD 60 mln;
- Case in the Supreme Commercial Court of the Russian Federation in a dispute between the owner and the St. Petersburg City Administration regarding the vindication of real estate property that had been alienated by criminal acts. In its decision the Presidium of the Supreme Commercial Court of the Russian Federation for the first time in judicial practice determined the exhaustive list of actions required to effectively protect the rights of the plaintiff; for the first time in judicial practice the court considered the issue of transferability of such kind of real property as “premises (portion of a building)”, including the possibility of its vindication when the external boundaries of the premises have changed;
- Represented the Client in the dispute with a bank (top-10) regarding compensation of losses related to the theft of money by a letter of credit; Andrey was able to prove that the bank’s actions aimed at preventing the crime were insufficient and that the letter of credit and the underlying contract were legally interconnected;
- Represented one of the largest CIS banks in a dispute with the owner of a five-star hotel seeking recovery under loan agreements and promissory notes and foreclosure of pledged shares, the amount of claims exceeded USD 100 million;
- Represented the largest Russian social network in a dispute with the world’s largest record companies regarding compensation for infringement of copyright and removal of illegally placed tracks, and also in a dispute with a data center;
- Represented the Russia’s largest retailer of electronics in a dispute with the federal mobile operator. This conflict was remarkable by the value of claims in connection with the infringement of the client’s exclusive rights (a total of USD 1 billion). The legal proceedings ended up with an amicable settlement;
- Represented the interests of the Judicial Department of the Supreme Court of the Russian Federation in a dispute with the contractor for the construction of the City Court building in St. Petersburg on recovery of unjust enrichment to the budget; the case turned to be precedent-setting with respect to the possibility of unilateral termination of the state contract and the powers of officials to change it;
- Defending the interests of a scientist in a dispute with the leading Russian mass media regarding protection of business reputation and recovery of damages;
- Represented the interests of the advertisement market members in a dispute with the Government of St. Petersburg. The dispute was considered by the Supreme Court of the Russian Federation. Within the framework of that dispute an auction was successfully challenged at the Antimonopoly Service and results of the auction, cancelled;
- Represented the interests of a client in a dispute with a bank (top-10) in connection with compensation of judicial costs; the client was awarded a record compensation of judicial costs at that time;
- Represented interests of a creditor (a top-10 bank) in insolvency cases of a group of enterprises, including the isolated disputes regarding mortgages and suretyship agreements, and successfully secured the status of the creditor for the subsequent recovery of the debt, the amount of the debt is 2.5 billion rubles.
