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4 сентября 2015 18:03 Ольга Т. Действительно грамотные юристы. Обратились за правовой помощью уже после того, как были вынесены не в пользу нашей организации решения и постановления судов. В апелляционной инстанции наши права были полностью восстановлены. Спасибо!

17 августа 2016 11:06 Андрей А. Ответственные и самое главное очень порядочные люди. Им под силу и арбитраж, и уголовные дела.

15 июня 2016 14:25 Елена Ф. Грамотные юристы. Урегулировали наш спор в досудебном порядке. Благодарим!

25 мая 2017 17:33 Олег К. Сильные юристы! Правильно составленный договор помог избежать нам убытков! Рекомендую!

21 ноября 2017 13:27 Игорь К. Отличное знание международного права в области грузоперевозок и таможенного право. Ребята, спасибо за работу!

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Contact details

London: +44 207 193 1110

2nd Floor,Berkeley Square House, London,

United Kingdom   

E-mail: arbitr@lawyer-moscow.ru 

Skype: lawyer-moscow

 

Warszawa: +48 222 199 111 

ul. Stanislawa Moniuszki 1A, VII pietro,

00-014 Warszawa   

E-mail: rosyjskiprawnik@onet.pl 

Skype: lawyer-moscow


Gdansk+48 577 244 066 

Aleja Grunwaldzka 411 , V pietro, Alchemia, Aurum,

80-309 Gdansk   

E-mail: rosyjskiprawnik@onet.pl 

Skype: lawyer-moscow


Moscow:+7(495)740-50-25

125009, г. Москва, 
ул. Воздвиженка, д. 10

E-mail: arbitr@lawyer-moscow.ru

Skype: lawyer-moscow


 

Skype: Knightsbridge Legal

A premier Russian law firm - Arbitration Lawyer - lawyer-moscow.ru?

A premier Russian business law firm for international matters

Arbitration Lawyer Law Firm Moscow is a business law firm based in Russia that serves companies and financial institutions.

Our practice encompasses all aspects of commercial, corporate and tax law. We represent businesses and individuals in the most challenging commercial, tax and regular disputes and provide legal advice on sophisticated business transactions and range of operational matters.

In particular, our law firm has a strong international focus. We are known for assisting international companies doing business in or through Russia and enforcing right of foreign companies in Russia. As a part of our daily activity, we provide expert evidence and opinions on Russian law for use in international transaction and foreign proceedings.

We are chosen by the clients who already know the Russian legal market, but they are still looking for prompt problem solving, more efficient client – attorney relationship, and transparent legal fees.

Client by client, we strive to promote excellence, leadership, loyalty and trust in client service, and add real value to our clients business.

Corporate and M&A

We advise businesses on all aspects of Russian corporate law: for example, how to start or restructure business in Russia, what benefits can be gained from different forms of Russia legal entities. We draft and negotiate shareholder agreements, deal with the distribution of dividends, capital increase and reduction, optimal distribution of legal and taxation risks. We also help with preparation of codes of conduct, internal regulations, and other local corporate documentation.

We have much experience in designing M&A transactions: we advise how to transfer business safely, what guarantees can and should be provided, we coordinate the involvement of other professionals in this type of transactions and advise on applicable regulatory and antitrust requirements.

Finally, we provide legal assistance to distressed companies in Russia. We represent debtors, creditors, shareholders, investors, executives in relation to restructuring and insolvency proceedings. We advise on the most appropriate legal structures for managing debt, and prepare relevant documentation.

Areas of expertise

Advice on incorporation, reorganisation, and winding-up

M&A transactions: recommended and hostile bids, mergers and acquisitions, capital injections and outflow Daily advice to companies, corporate governance, corporate compliance schemes, internal regulations Public offering of stocks (IPOs), stock exchange disclosures, and other transactions in capital markets Management issues: fiduciary duties of managers, liability of directors and shareholders

Shareholder agreements, changes to shareholders, protection of major and minor shareholder interests, relations between group companies

Assistance to companies facing financial difficulties: pre-insolvency legal advice, debt restructuring and various types of debt agreements, voluntary arrangements with creditors

Legal assistance applying for opening bankruptcy or restructuring proceedings

Commercial

We draft transactional documentation necessary to create and protect the rights of our clients. Legal expertise of our law firm covers a wide range of contracts, such as purchase of goods, agency and distribution, commercial outsourcing, brokerage agreement, logistics and warehousing, outsourcing, licensing and royalty agreements, retail and franchise agreements and many other industry specific agreements.

In particular, we specialize in offering a transactional legal advice for companies doing business internationally. We support managers in the negotiations and in-house lawyers who need support on drafting international transactions. However, we also advise international companies, when it is necessary to structure the deal and check whether their contracts comply with overriding requirements of the Russian civil laws and insofar they are enforceable in Russia. 

We advise what Russian civil law provisions may not be contracted out and provide Russian legal opinions on various international commercial transactions.

Areas of expertise

Advice on structuring of complex commercial transactions, advice on industry specific conditions precedent and subsequent

Contracting on standard terms, protection of adhering party

Assistance on the collection of KYC information

Transportation of goods, advice on incorporation of INCOTERMS, risk distribution

Tax risks in the commercial transactions, advice on tax indemnities

Permissible limitation of liability, exemption clauses

Insurance and reinsurance provisions

Payment terms, payment via an escrow agent, guarantees, letters of credit

Events of default, applicable remedies and their enforcement

Description and transfer of assets, warranty assignments, liability for hidden defects

Jurisdiction and governing law clauses

 Dispute resolution 

We regularly represents clients in domestic and cross-border court and arbitratration

proceedings. We conduct pre-litigation negotiations, design litigation strategies, seek interim relief, represent our clients in the proceedings. We also deal with enforcement proceedings, assisting our clients in enforcing personal and in rem guarantees, promissory notes, foreign judgements and awards.

 

Particularly, we are experienced in international proceedings in determining the relevant governing law, dealing with immunity from jurisdiction and enforcement, in the process dealing with the application of foreign laws, and notification and examination of evidence abroad. We liaise with foreign lawyers where our clients are involved in litigation in foreign countries.

Generally, we advise our clients to avoid litigation and any costs associated with litigation. We can offer to implement compliance initiatives aimed at reducing legal risks and possible disputes.

Areas of expertise

Drafting arbitration agreements; ad hoc and institutional arbitration proceedings, actions to set aside and review arbitral awards

ADR, out-of-court settlement agreements

Disputes between investors and states receiving investment, arbitration to protect investments (ICSID and others) Mediation

Enforcement of foreign judgments in the Russian Federation Competition, insolvency, and IP disputes, commercial litigation

Shareholders’ disputes, claims against company management, claims against former members of the board of directors for damages relating to their period of service

Litigation in foreign countries, liaising with foreign lawyers

Recognition, executions and challenge of foreign and domestic court rulings and arbitral awards

Recognition of foreign judgments and arbitral awards

Some clients having received favorable judgments in foreign jurisdictions contemplate how they should be enforced in Russia. We draft relevant court documentation and assist our clients in recognising foreign judgments and arbitral awards in Russia. We act both on claimants and defendants, when they argue that the foreign court ruling or arbitral award has to be recognized or such recognition has to be denied in Russia.

 

Knowledge & Insights Recognition rules

A final and conclusive judgment given by the courts of EU countries would be recognized and enforceable in the Russian Federation in accordance with the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which is binding in its entirety and directly applicable in the Russian Federation, and applicable rules of the Civil Procedure Code of the Russian Federation.

Russian Code for Civil Procedure specifies for different recognition procedures for judgment adopted by the courts from the EU countries and non-EU countries. A foreign judgment would normally be recognized in Russia, unless:

the Russian court had an exclusive jurisdiction on the subject matter;

the judgment is not final and conclusive in the jurisdiction, in which it has been obtained; such judgment is manifestly at odds with the public policy of the Russia.

Foreign arbitral awards shall be valid and enforceable in the Russian Federation in accordance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Applications for recognition 

The Russian Court of Appeal handles the questions whether foreign court rulings and arbitral awards have to be enforced in Russia. Also, the Russian Court of Appeal handles the question whether foreign court ruling or arbitral awards have to be denied recognition in the Russian Federation.

An application to recognize a foreign court ruling has to be made to the Russian Court of Appeal. The application to recognize or refuse to recognize a foreign court ruling or an arbitral award must be appended with:

Relevant court ruling or an arbitral award including its translation into Russian. If the court ruling is issued by a country that is the signatory to The Hague Convention Abolishing the

Requirement for Legalisation for Foreign Public Documents of 5 October 1961, such court ruling must be apostilled. The rulings of the EU countries to be recognized under the Council Regulation (EC) No 44/2001 of 22 December 2000 must be confirmed by the court or governmental authorities that these rulings are authentic and are enforceable in the respective jurisdictions;

Confirmation that the court ruling came in force;

Proof that a party that that did not participate in the hearing of the case was properly notified about the venue and time of such hearing;

If a person applies for recognition of an arbitral award, the agreement to submit the dispute resolution to the arbitration;

If relevant persons do not know Russian, a translation of all documents must be made into English or any other language, which is known to that persons.

Some special requirements for recognition of foreign rulings are set out in the bilateral treaties ratified by the Russian Federation.

Taxation 

We provide legal services to many foreign enterprises on structuring major investment projects and other transactions in a tax efficient way in the Russian Federation.

We provide legal advice on the taxation of corporations, investment and real estate transactions, and transfer pricing and other issues in Russian and international tax law. Our Law Firm possesses expertise in the interpretation of double tax treaties, preparation of tax opinions, and advising on capital remittance strategies, VAT, and corporate and other taxes of the Russian Federation. When required, we litigate on behalf of our clients before the Commission on Tax Disputes under the Government of the Russian Federation, Moscow Regional Administrative Court, and Supreme Administrative Court of Russian.

Areas of expertise 

Advice on tax implication of foreign investments in the Russian Federation, corporate tax, fiscal optimisation Industry specific tax advice, on-going tax consulting services, tax planning

Preparation of notifications to the tax authorities, claims and appeals against administrative bodies, tax litigation Property tax, local taxes, review of cadastral valuations

Taxation of domestic and cross-border transactions

Tax advice in relation to purchase and sale of business, tax due diligence of target companies Tax issues in relation to business formation and restructuring

VAT and indirect taxes: VAT on financial transactions, VAT on the purchase, sale, renting, administration of real estate, managing of disputes relating to VAT

Employment & Migration

We work with a range of clients on local and cross–border employment issues. Most employers need professional legal advice in relation to local labor laws. We have experience in assessing risks and opportunities arising from changing labor law legislation, providing strategic employment law advice to top management, and ensuring that staff policies comply with labor law regulations of the Russian Federation and meet employees’ concerns.

 

We regularly deal with employment law issues, such as employment contracts, recruitment, drafting of employment contract clauses for senior managers, structuring their incentive schemes, dealing with employees’ misconduct and penalties, employee transfers and other workforce restructuring, health and safety at work, proper formalization of contractual terminations, and

protection of trade secrets. Finally, we represent our clients in disputes on a full range of labor and employment law matters in the Russian Federation.

Areas of expertise 

Drafting of internal regulations relating to the organization of work in a company Health and safety at work, work- related accidents and claims to the employer Stock option plans, golden parachute arrangements,

Advice on the removal of company managers

Non-compete agreements, non-solicitation of customers and suppliers and employees Advice on foreign employees, immigration, handing of application procedures Secondment of employees, outward and inward secondment

Labor misconduct and penalties, warning procedures

Disputes regarding the termination of employment contracts, severance agreements

Administrative Law 

We have in-depth administrative law knowledge in providing public law advice and handling a number of contentious and non-contentious administrative law matters. We assist clients in their relations with public authorities of the Russian Federation, before and during inspections, also interpreting and applying public laws and regulations.

We advise our clients when they deal with governmental authorities that invoke the Public Administration Law, the Public Service, the Law on the Right to receive Information from Governmental and Local Agencies and many other Russian administrative laws.

Among other administrative law issues, we provide legal representation before Russian administrative courts at each stage of the legal process. We help our clients to challenge the legality of administrative acts (including visa refusal, or other immigration law matters) and seek the liability of public authorities for unlawful activity.

Areas of expertise 

Administrative offenses, inspection, sanctioning and enforcement Advice on drafting regulations

Assistance in obtaining official permits

Defending against state intervention in commercial assets

Administrative and financial claims, liability of administrative authorities for illegitimate decisions Litigation against the civil service

Regulatory compliance and evaluation of administrative legislation Support in acquiring public contracts

Advising on visa and temporary residence permits refusals

Corporate Criminal Litigation

Any commercial activity includes a number legal, commercial and other risks. We advise companies and individuals on how to avoid becoming unwittingly involved in criminal activity. This concerns, for example, licensed commercial activity, tax optimization plans, compliance with court orders and other public restraints, gifts in private arrangements, etc.

On the other hand, we represent a number of foreign victims who suffered from fraud acquiring goods and services in Russia, using e-commerce platforms, bitcoins as well as regarding many other new forms of criminal activity. In many cases, the Russian law enforcement authorities tend to argue that the economic wrongdoing should be resolved in the civil proceedings, and for this reasons the requests to open criminal investigations are often declined. It is therefore important to do some substantial legal work, collect and submit evidence in order to revert the presumption of civil relations.

Finally, we often help foreign lawyers and their clients, who are interested in searching and seizing assets of Russian nationals, opening criminal investigations and bringing offenders to justice.

Areas of expertise

Accounting and insolvency related crimes, Fraud in sale purchase transactions

Fraudulent management of a company, conflict of interests, protection of business reputation Criminal offences concerning the media, defamation

Environmental offences

Crimes related to copyright, trademarks and patents, and internet-related infringements Insider trading crimes, market manipulation, capital investment fraud

Prevention of money laundering Tax evasion crimes

Advice on corporate criminal liability

Bribery prevention: lawful gifts and donations, facilitation payments Implementation of compliance and whistle-blowing schemes