Dispute resolution

Dispute resolution is one of the firm’s core practices. The Ost Legal team provides its Russian and international clients with a full range of services in the area of dispute resolution at the state courts of all instances, in the commercial courts, and within the framework of proceedings conducted according to the rules of the leading international institutes of arbitration.

We handle complex cases related to energy and construction, commercial and corporate disputes – as well as disputes involving the recovery of damages caused by corporate management bodies, bankruptcy and subsidiary liability.

We also consult our clients and represent their interests within the scope of pre-litigation dispute resolution procedures, including mediation.

Ost Legal’s dispute resolution practice is recommended by the leading national law-firm ranking – Pravo-300. The practice’s leader, Vadim Tsvetkov, is listed on the individual ranking of attorneys – Best Lawyers.

Key
clients

Services

Provision of legal support in disputes arising in the field of energy (including tariff and antimonopoly regulation)

PROJECT

Representing the interests of “Vtoralyuminprodukt” Production Company LLC in a spate of litigation with MRSK Center PJSC and Orlovsky Energosbyt LLC in connection with a change in the cost of services involving the transmission of electric power.

PROJECT

Consulting the major Russian energy company Unipro PJSC in connection with potential arbitration against one of the world’s leading manufacturers of power equipment in connection with the substandard performance of agreements on the long-term contractual servicing of gas turbines for a total of more than USD 100 mln.

PROJECT

Consulting Inter RAO Electric Power Plants JSC in connection with potential litigation against a leading Russian manufacturer of power equipment prompted by the delayed commissioning of power-generating facilities.

PROJECT

Consulting and representing the interests of a general contractor in the state commercial courts in the course of reaching a claims settlement (including disputes with the insurance provider) in connection with serious technological incidents at the Nizhnevartovsk State District Power Plant (SDPP). Total damages – over RUB 300 mln.

PROJECT

Representing the interests of Belaya Gora LLC in administrative proceedings contesting a decision by the Khabarovsk Regional Government’s Committee on Prices and Tariffs setting certain tariffs for electric power.

PROJECT

Defending the interests of RUSENERGOSBYT LLC in a spate of litigation seeking the recovery of arrears under a power-supply contract in an amount of more than RUB 500 mln under claims brought by the last-resort supplier.

PROJECT

Representing the interests of RUSENERGOSBYT LLC within the scope of litigation involving the last-resort supplier’s contesting of certain decisions and directives issued by FAS Russia.

PROJECT

Representing the interests of RUSAL, RUSENERGOSBYT LLC and RUSENERGORESOURCE LLC in a spate of litigation against FGC (Federal Grid Company) UES PJSC in connection with the latter’s repudiation of certain service contracts for the transmission of electric power (capacity).

PROJECT

Representing the interests of RUSENERGOSBYT LLC and RUSENERGORESOURCE LLC in a spate of litigation against the RF Ministry of Energy in connection with the voiding of a number of its orders.

PROJECT

Representing the interests of RUSAL in a spate of litigation against Association “NP Market Council” in connection with the voiding of its decision to change the procedure for making settlements on the wholesale market for electric power.

PROJECT

Defending the interests of Tyumenenergo OJSC and Kurganenergo OJSC in a spate of litigation involving claims brought by major consumers seeking the voiding of certain decisions by state agencies responsible for the setting of tariffs.

Provision of legal support in disputes arising in the field of real estate and construction

PROJECT

Representing the interests of Novoshirokinskoye Mine JSC in litigation seeking the recovery from Yamalspetsstroy LLC of debt in an amount of more than RUB 155 mln in connection with the termination of a construction contract.

PROJECT

Defending the interests of foreign clients in a spate of litigation with the Moscow City Government and the Municipal Property Department of the City of Moscow in claims over the demolition of certain unauthorized structures.

PROJECT

Defending the interests of Cyprian borrowers in a spate of litigation with TRUST Bank over its foreclosure on mortgaged property leased to a major European retail chain.

PROJECT

Representing the interests of Salavatneftekhimremstroy JSC in a spate of litigation with certain ROSNEFT Oil Company subsidiaries in connection with the breach of job contracts in an amount of more than RUB 3 bln.

PROJECT

Representing the interests of Salavatneftekhimremstroy JSC in a spate of litigation with one of Russia’s leading shippers of oversized cargo – SV TRANS LLC – over the recovery of debt under a service contract and unjustified enrichment in a total amount of over RUB 670 mln.

PROJECT

Defending the interests of M+W Germany GMBH (an international contractor headquartered in Germany) in litigation involving a claim brought by a customer seeking the recovery of a penalty on the basis of an ЕРС(М) contract in a total amount of over RUB 1 bln.

PROJECT

Consulting a leading manufacturer of power equipment in connection with potential litigation for hundreds of millions of U.S. dollars in connection with the implementation of construction projects for the Barh and Sipat thermal power plants (TPP) (India) and Long Phu TPP (Vietnam).

PROJECT

Representing the interests of Enkom a.s. (Czech Republic) in litigation over the opponent’s breach of its obligations under construction contracts for generating facilities in a total amount of over RUB 100 mln.

PROJECT

Representing the interests of Energostroi Group LLC, the subcontractor, in a claim against Stroytransgaz LLC seeking the recovery of more than RUB 100 mln – the cost of engineering services – following early termination of the contract.

PROJECT

Representing the interests of a contractor within the scope of arbitration in a claim seeking the recovery of a penalty in an amount of over RUB 50 mln in a contract for the performance of design work.

Provision of legal support in commercial disputes

PROJECT

Representing the interests of Cyprian borrowers in a spate of litigation with TRUST Bank seeking the recovery of debt, interest charges and late fees under loan contracts in a total amount of over USD 220 mln.

PROJECT

Defending the interests of Cyprian borrowers in a spate of litigation with TRUST Bank over its foreclosure on mortgaged property leased to a major European retail chain.

PROJECT

Representing the interests of Salavatneftekhimremstroy JSC in a spate of litigation with one of Russia’s leading shippers of oversized cargo – SV TRANS LLC – over the recovery of debt under a service contract and unjustified enrichment in a total amount of over RUB 670 mln.

PROJECT

Representing the interests of Akmenės cementas AB (Lithuania) in a spate of litigation against the customer in connection with the improper performance of certain contracts for the sale-purchase of cement.

PROJECT

Representing the interests of Nizhnevartovsk SDPP JSC in arbitration involving a claim against VTB Bank in connection with the non-performance of obligations under a bank guarantee in an amount of over RUB 600 mln.

PROJECT

Consulting OGK-5 OJSC – the customer – in connection with the termination of an EPC contract with a foreign contractor and the presentation for payment of the respective bank guarantee.

Handling of corporate disputes and disputes over the liability of corporate management bodies

PROJECT

Representing the interests of Raduzhny Mir LLC in a dispute over the improper performance of a share sale-purchase agreement.

PROJECT

Representing the client’s interests in a dispute over rights to certain stakes in Spetstrans LLC.

PROJECT

Representing a shareholder’s interests in a dispute involving the contesting of a transaction concluded by the company’s president to the detriment of the legal entity’s interests.

PROJECT

Representing the interests of borrowers in disputes over the contesting by TRUST Bank PJSC of certain transactions – supplemental agreements to the respective loan contracts, concluded to the detriment of the claimant’s interests.

Provision of legal support in disputes arising within the scope of insolvency (bankruptcy) procedures

PROJECT

Representing the interests of Novoshirokinskoye Mine JSC in an isolated dispute seeking to have the controlling entities of Yamalspetsstroy LLC held to subsidiary liability.

PROJECT

Representing the interests of Novoshirokinskoye Mine JSC within the scope of litigation seeking the inclusion in Yamalspetsstroy LLC’s register of creditor claims of debt in an amount of more than RUB 157 mln.

PROJECT

Representing the interests of Nizhnevartovsk SDPP JSC within the scope of litigation seeking the inclusion in Technopromexport OJSC’s register of creditor claims of debt in an amount of more than RUB 1.2 bln.

PROJECT

Representing the interests of borrowers in disputes over the contesting by TRUST Bank PJSC, on the basis of the RF Federal Law “On Insolvency (Bankruptcy),” of certain transactions concluded to the detriment of the struggling lending institution’s interests.

Provision of legal support in disputes associated with the recognition and enforcement of foreign court and arbitral decisions

PROJECT

Defending the interests of one of Russia’s largest cement producers in litigation over the recognition in Russian territory of an ICC decision.

PROJECT

Defending the interests of a Russian shipbuilding company in litigation over the recognition and enforcement in Russian territory of an SCC decision.

Pre-litigation dispute resolution

PROJECT

Consulting E.ON Russia OJSC in the course of the pre-litigation settlement of claims in an amount of over 20 mln U.S. dollars with ЕРС-contractors under the construction of generating units at the Shatura SDPP and Surgut SDPP-1.

PROJECT

Consulting Unipro in the course of the pre-litigation settlement of claims in an amount of over USD 110 mln in connection with the power-equipment manufacturer’s breach of certain service contracts.

Key
contacts

Practice
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