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Commercial Litigation Weekly Calendar (December 5-9)

09:03 05/12/2011

DECEMBER 5

CORPORATE LAW

Alfa-Bank vs Brestenergo

Moscow Commercial Court

Alfa-Bank seeks the early repayment of two loans worth $30 million after Brestenergo committed a loan delinquency. The bank granted one loan to the company in spring 2010. However, the borrower failed to repay the loan in time. Alfa-Bank filed two lawsuits for $21.3 million and $5.8 million scheduled for December 5 and February 2, 2012.
Established in 1990, Alfa-Bank is Russia's largest bank in terms of assets, own capital and client accounts.
Brestenergo, Belarusian company, was established in May 1954. It generates, transmits and distributes electric and thermal power, according to the company's website.

TRADEMARKS

Royalty vs Rospatent

Ninth Commercial Court of Appeals

The alcoholic beverages producer seeks to recognize as illegal patent watchdog's (Rospatent) refusal to register the "Volodya i Medvedi" (Volodya and the Bears) trademark. According to Rospatent, "Volodya i Medvedi" impermissibly refers to Prime Minister Vladimir Putin and President Dmitry Medvedev. Rospatent said the trademark would damage the country's image and public interests. Earlier the court ruled in Royalty's favor. "Volodya i Medvedi" vodka is currently sold in Russia.
The court adjourned the case last week.

DECEMBER 6

CONTRACTUAL OBLIGATIONS

Ametech vs Rosoboronexport

Moscow Commercial Court

The Ametech artillery weapons systems manufacturer seeks to recover $89.5million (2.588 billion rubles) from Russian Defense Export (Rosoboronexport). Ametech claims 1.63 billion rubles in lost profit. It also seeks to fine Rosoboronexport for "counterproductive financing" which causes a six year delay in order completion.
Amatech manufactures artillery weapons systems with laser guidance.
Rosoboronexport is a leading arms company. It is the only state intermediary in Russia for the export and import of arms products, technology and military and dual-purpose services.

DECEMBER 7

INVESTMENTS

Moscow vs Capital Group, Muzeon

Moscow Commercial Court

The Moscow government seeks a court order to terminate an investment contract on a Russian avangard project signed between Capital Group and the Muzeon state cultural institution in Moscow.
The project in question implied the construction of hotels and administrative buildings as well as the Muzeon art park in central Moscow.
The Capital Group has been present on the market since 1993. Its portfolio has over 70 projects completed, designed or developed, spanning over 7 million square meters. The company is owned by Vladislav Voronin and Pavel Te.

MORAL DAMAGE

National Reserve Bank (NRB) vs Federal Security Service (FSB)

Ninth Commercial Court of Appeals

NRB appeals the court's dismissal of its $11.59 million (350 million ruble) lawsuit against the Federal Security Service. The bank claims compensation for moral damage. NRB believes that the intelligence agency's employee distributed defamatory information about the bank. In its suit, the plaintiff demanded that the agency publicly refute the information. The allegedly false information refers to the embezzlement of funds allocated to bailout the Rossiysky Capital bank, reorganized by the NRB.
NRB is controlled by Russian businessman Alexander Lebedev.

DECEMBER 8

CONTRACTUAL OBLIGATIONS

Sberbank vs Techinvest

Moscow Commercial Court

Sberbank seeks to recover $167.9 million (5.2 billion rubles) from Techinvest development company. The bank sued the developer after it defaulted in repaying the loan granted in June 2008. The court earlier postponed the case to examine the pledged property.
According to mass media reports Techinvest, a joint venture of major development company MosCityGroup and the Eurasia investment and industrial group, was established for constructing Eurasia-Tower in the Moscow City business center.

CONTRACTUAL OBLIGATIONS

Inteco vs Moscow

Moscow District Federal Commercial Court

Inteco sought to recover expenses for its design and construction of a kindergarten as part of the residential complex in Moscow. The trial court and the appeals court held against Intecos $4.641 million (129.8 million ruble) lawsuit against the Moscow government.
Inteco is a diversified company and a major player on Russias development market. The company is owned by Yelena Baturina, the wife of former Moscow mayor Yury Luzhkov.

DECEMBER 9

CORPORATE LAW

Navalny vs Rosneft

Moscow Commercial Court

Rosneft minority shareholder Alexei Navalny seeks a court order forcing the oil company to submit copies of its oil supply contracts signed with China. Navalny asked for copies to make an investment decision. However, Rosneft refused to grant the documents, saying all the information regarding the contracts is available on its website. The court postponed the case on November 11 after the renowned whistleblower filed a petition to change the cause of the action.
Navalny is a minority shareholder of several major Russian state-owned companies.

CORPORATE LAW

Central Bank vs Mezhprombank

Moscow Commercial Court

The court to will continue hearing the dispute regarding shares of Baltiysky Zavod shipbuilder, pledged as a security for loans granted by the Central Bank to Mezhprombank. The court is expected to hear the parties questions to the disputed shares appraiser.
International Industrial Bank (Mezhprombank) was established in 1994 in Moscow.
The Baltiysky Zavod shipbuilding company is part of the United Industrial Corporation owned by Senator Sergey Pugachyov. The shipyard builds icebreakers, large vessels and combat ships.

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