Litigation and arbitration

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COMMERCIAL LITIGATION

Lex Navicus Concordia lawyers have extensive experience and comprehensive expertise from all types of Russian courts and have been involved in a number of leading cases, including cases at the Supreme Commercial Court of the Russian Federation, which have become cases that are referred to in other proceedings.
Commercial litigation in Russia is one of the key areas of our specialization. Our lawyers have successfully protected clients’ interest in commercial courts all across Russia, from Russia’s Western and Central regions to the Far East.
Our lawyers have significant regional experience. Establishing similar cases in commercial courts in different parts of the country requires due account of the local peculiarities.
We protect commercial companies in Russian state commercial courts on a wide range of disputes – maritime, commercial, corporate, general business, financial, tax, customs, administrative.

 

ARBITRATION

Our lawyers have extensive experience in defending the clients’ interests in various commercial arbitrations. Both general and specialized maritime arbitrations.
One of the most common commercial arbitrations, where our lawyers defend clients’ interests is the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation – a specialized maritime arbitration, which considers a major fraction of ‘maritime disputes’.
Many Russian marine insurers incorporate an arbitration clause in favour of the Maritime Arbitration Commission in their standard insurance policy.
Our lawyers have successfully acted on behalf of Russian and foreign shipowners and trade companies at the Maritime Arbitration Commission and other commercial arbitrations, enforced arbitral awards and collected the money awarded in favour of the clients.

 

ORDINARY COURTS

Our lawyers also practice in general jurisdiction courts across Russia in various disputes defending individuals or corporations and insurers against individuals’ claims.
With regard to the maritime industry our lawyers have experience in acting on behalf of crew members in private and collective claims, and also on behalf of shipowners and P&I Clubs in personal injury cases or cases relating to employment terms.
Lex Navicus Concordia also practice complex divorce cases and real estate disputes.
Some of our lawyers practice defending individuals in criminal proceedings mainly in financial and/or corporate crime cases.

 

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

Russia is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. NAVICUS Law Firm regularly enforces foreign arbitral awards for our foreign clients. We also advise on the enforceability of the potential arbitral awards and ensure the due summoning of the Russian defendant, advise on peculiarities imperative provisions of Russian law and practice of recognition and refusal of recognition of foreign arbitral awards.
We also assist in various procedures in connection to the arbitration proceedings such as locating the defendant in Russia, collecting information and carrying out due diligence with respect to the Russian defendant.
Whenever prompt summoning is needed we arrange for the delivery of documents to the defendant ensuring due summoning (depending on the arbitration tribunal).
Often while arbitration proceedings commence abroad, Russian defendants initiate parallel proceedings in Russia, either on the merits of the dispute or for invalidating the contract. We monitor such proceedings take action, whenever needed, for example, when it is not possible or not practical to obtain an anti-suit injunction.

 

ENFORCEMENT OF FOREIGN JUDGMENTS

While the enforcement of arbitration awards, in majority of cases, is effected in accordance with the 1958 NY Convention, which is directly applied; enforcement of arbitration awards is, therefore, relatively easy and the number of successful recognitions is significant. However, as far as the enforcement of foreign judgments is concerned, the Russian procedural law provides that foreign judgments can be recognized and enforced in Russia if an international treaty, to which the Russian Federation is a party, provides for recognition and enforcement of such judgments. The absence of an international instrument covering issues of legal assistance/mutual recognition and enforcement of judgments with a number of European states, Great Britain for example, and the U.S.A. makes enforcement of foreign judgments a challenging task.
Our lawyers were the first in modern Russia to obtain recognition and enforcement of a United States Court Judgment in the absence of a relevant international instrument. Our lawyers persuaded the Commercial Court of Moscow City to recognize a New York State District Court judgment based on the international law principles of comity and reciprocity.

More details can found in our publication on the issue.

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