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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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Legal Opinion on Standby Letters of Credits

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unnamedNadmitov, Ivanov and Partners Law Firm advised a Russian bank on enforceability, validity of two standby letters of credits issued by a foreign bank securing loans provided to Russian companies and governed by Korean law and by the ICC Uniform Customs and Practice for Documentary Credits in association with a leading Korean law firm.

Nadmitov, Ivanov and Partners Law Firm regularly represents regulators, leading foreign and domestic financial institutions and banks on financial transactions and questions of Russian financial regulation.


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Advice to Foreign Depositary

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17b48bdNadmitov, Ivanov and Partners Law Firm advised a foreign depositary of a leading foreign bank in the connection with a Russian request on disclosure of holders of Russian securities traded at Russian stock exchange about securities owners.

Nadmitov, Ivanov and Partners Law Firm regularly represents regulators, leading foreign and domestic financial institutions and banks on questions of Russian financial regulation.


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Advice on EPC project

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117-208x139Nadmitov, Ivanov and Partners Law Firm advised a Russian company on a transaction for the supply of a nitrogen generation package unit to the foreign chemical plant being built on EPC terms (engineering, procurement and construction) under English law.

 Nadmitov, Ivanov and Partners Law Firm has significant experience in providing support in complex international engineering projects and their financing.


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Advice on cross-border transfer of personal data

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4-2-208x132Nadmitov, Ivanov and Partners Law Firm represented the interests of a Russian company in a non-disclosure agreement implying transfer of personal data from a foreign counterparty under English and Dutch law. Documentation included standard contractual terms and condition with respect to the transfer of information from its controller to a processor in accordance with the European Union rules.

 Nadmitov, Ivanov and Partners Law Firm regularly advises clients on current issues related to cross-border transfer and protection of information and personal data.


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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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Acquisition of shares in a Russian bank

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СнимокNadmitov, Ivanov and Partners Law Firm successfully represented the interests of the buyer, an Austrian financial group in acquisition of a minority stake in a Russian bank. The project included preparation of a share purchase agreement, representation of interests of the parties with the registrar, preparation of a notification to the Central Bank of the Russian Federation.

Nadmitov, Ivanov and Partners Law Firm regularly represents clients in M&A transactions relating to sale and purchase of shares in financial institutions. In particular, we advised a Russian client in the acquisition of shares in major Russian consumer retail bank, as well as in the acquisition of a microfinance organization.


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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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Advice under Norwegian law

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скачанные файлыNadmitov, Ivanov and Partners Law Firm advised to a Russian company on a non-disclosure agreement under Norway law in association with a leading Norway law firm.

Nadmitov, Ivanov and Partners regularly advises clients on cross-border transfer of information and information protection matters.


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