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Commercial Litigation Weekly Calendar (December 12-16)

09:47 12/12/2011

DECEMBER 12

CONTRACTUAL OBLIGATIONS

MDM Bank vs Peresvet

Moscow Commercial Court

MDM Bank seeks to recover about $16 million from Peresvet development group under credit agreements.

MDM Bank is one of Russia's largest private banks. Its shareholders include such leading international financial institutions as International Finance Corporation, the European Bank for Reconstruction and Development and DEG, according to the bank's official website.
Peresvet-Group is a leading developer. Peresvet-Group's parent company was established in 1995. The company is mostly involved in constructing residential and commercial property.

DECEMBER 13

UNFAIR COMPETITION

Nestle vs Unilever

Moscow Commercial Court

Nestle Russia, Nestle's subsidiary, believes that Unilever's "No magic!" advertising slogan discredits the products produced by Nestle under the Maggi brand, since Maggi and "magiya" (magic in Russian) sound similar. Nestle believes that Unilever's ad is an act of unfair competition, touching upon Nestle's business reputation.
Nestle SA concern was established in 1866 by Swiss pharmacist Henri Nestle. Nestle owns 456 factories in 84 world countries. Nestle owns 14 factories in Russia and produces a wide range of food products.
Unilever is one of the world's leading consumer goods manufacturers. Its brands are presented in more than 160 world countries. The company has been operating in Russia since 1992.

CONTRACTUAL OBLIGATIONS

Russian Technologies Corporation vs Tekhnointorg

Moscow Commercial Court

State-run Russian Technologies Corporation seeks to recover $139.24 million from Tekhnointorg.

Tekhnointorg was involved in constructing 14 federal advanced medical technologies centers. Russian Technologies was the customer. The suit is connected with the recovery of debts for the facilities.
Some 439 organizations make up Russian Technologies Corporation. It produces 23 percent of the defense industry complex's products.
Tekhnointorg, built in 1979, is part of the Economic Development Ministry. It has been included in the state register of organizations conducting foreign economic activity.

DECEMBER 14

CONTRACTUAL OBLIGATIONS

Central Bank vs. United Industrial Corporation Shipbuilding

Moscow Commercial Court

The Central Bank seeks to recover 64.82 percent stake in Iceberg Central Design Bureau, part of United Industrial Corporation Shipbuilding (Sudostroeniye), pledged under loans. The Central Bank issued $1.01 billion (32 billion ruble) loan to Mezhprombank. The shares belong to three other subsidiaries of UIC, the defendants in the case.
United Industrial Corporation Shipbuilding's (Sudostroeniye) assets include Severnaya Verf, Baltiysky Zavod, Iceberg Central Design Bureau, mechanical engineering enterprises and auxiliary plants.

PRIVATIZATION

State Property Management Agency vs Seltekhstroy

Moscow Commercial Court

The State Property Management Agency seeks to recover $9.8 million from Seltekhstroy for frustrating an auction for the sale of a major seaport in Russia's Far East. The government presently holds a 55-percent stake in Vanino seaport. Rusal, a leading aluminum producer, has a 20-percent stake.
An auction for the sale of a 73-percent stake in the Vanino seaport was held on May 19. The auction winner made a $3.07 million (93.4 million ruble) down payment, but later failed to pay the whole sum. The auction was consequently cancelled and Seltekhstroy was deprived of its prepayment. The State Property Management Agency later decided to sue the failed auction winner

DECEMBER 15

LAND LAW

State Property Management Agency vs watchdog

Moscow Commercial Court

The State Property Management Agency believes that Setunskaya's 24.4 hectare land plot is partially located within an area reserved by a 1993 presidential decree. This area was set aside for the construction of diplomatic missions. But the watchdog refused to retrieve the land plot from Setunskaya.
Territorialnaya Direktsia Setunskaya is a subsidiary of Inteco, Russia's major real estate company often accused of dominance on Moscow real estate market. Inteco is owned by Russia's richest woman and wife of former Moscow mayor Yelena Baturina.

CONTRACTUAL OBLIGATIONS

Defense Ministry vs Kurganmashzavod

Moscow Commercial Court

The Defense Ministry requires terminating a contract with Kurganmashzavod and recovering $52.86 million (1.666 billion rubles) in penalties and interest from it.
Kurganmashzavod manufactures military equipment and multipurpose utilities construction machines. Its output in the first six months of 2011 was $130.5 million (4.112 billion rubles).

DECEMBER 16

CORPORATE LAW

Baturin vs Inteco, Baturina

Moscow Commercial Court

Russian businessman Viktor Baturin declares preemptive right in Inteco company's sale.

Inteco reported its sale to Binbank owner Mikhail Shishkanov and Sberbank Investments in September 2011. Businessman believes he has preemptive right to buy the shares on the same terms as provided in the offer under joint stock companies law as the owner of a 25-percent stake.

Inteco is a leading diversified development company in Russia. The company is owned by Yelena Baturina, Russia's richest woman and the wife of former Moscow Mayor Yuri Luzhkov. Viktor and Yelena founded the company in 1991 on principles of parity.

BANKRUPTCY

Tarkus vs Stroygazconsulting

Moscow Commercial Court

Tarkus company filed a bankruptcy application against Stroygazconsulting, a head company of Russia's major construction and engineering holding.
Stroygazconsulting was earlier ordered to pay Tarkus 7.82 million rubles ($261,700) for gas pipeline coating and pipe replacement. Tarkus later filed a bankruptcy application against Stroygazconsulting after it failed to pay the debt.

Companies of Stroygazconsulting are engaged in the construction and overhaul of oil and gas field surface facilities, pipelines and roads. Its major customers are Gazprom, Transneft, LUKOIL, Nord Stream AG and the Transport Ministry's Federal Highway Agency.

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