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Commercial Litigation Weekly Calendar (January 23 - 27)

11:42 23/01/2012

January 23

BANKRUPTCY

Dominic Gualtieri vs Chapurin Couture

Moscow Commercial Court

Former Alfa-Bank managing director Dominic Gualtieri requests that Chapurin Couture company, owned by famous fashion designer Igor Chapurin be recognized as bankrupt. The company’s debt to Gualtieri was affirmed by a Moscow district court on May 10, 2011. Chapurin’s representatives confirmed the debt and have no appeals towards the bankruptcy procedure.

ANTITRUST LAW

Moscow Commercial Court

Gazprom vs Federal Antimonopoly Service

Gazprom appeals antimonopoly service’s decision that it violated competition law while holding a tender for bonds placement. The Federal Antimonopoly Service decided that Gazprom violated the rules in September 2011.
In April 2010, Gazprom completed a public tender for bonds placement worth 300 billion rubles ($9.9 billion). Renaissance Capital and Gazprombank won the tender and obtained the right to fulfill Russia's largest bond placement program.
Meanwhile, the antimonopoly service found that Gazprom illegally overestimated the criteria to be met by bidders and thereby broke the standard procedures for determining a winner.

January 24

CONTRACTUAL OBLIGATIONS

Moscow Commercial Court

Miratorg vs Assmann Beraten + Planen

Miratorg Agribusiness Holding subsidiary, Trio-Invest claims 2, 083 bln rur from Assmann Beraten + Planen in lost profits.
Trio-invest seeks to recover damages for collapse of a warehouse in Moscow region, in February 2008.  The plaintiff seeks to recover 1,274 bln rur in damages and 808 mln rur in lost profits
Miratorg Agribusiness Holding along with its subsidiaries focuses on processing, producing, and supplying meat products in the Russian Federation. The company was founded in 1995 and is based in Moscow.
Assmann Beraten + Planen is the Russian subsidiary of the German company specializing on consulting and industrial facilities engineering.

January 25

LAND LAW

Moscow Court Of Appeals

Barysheva vs Russian Federation

Tatiana Barysheva asks to recognize her right to use the Moscow Kremlin for an unlimited time. The case was earlier dismissed on November 9, 2011. Barysheva appealed the dismissal.
The Moscow District Federal Commercial Court upheld in October 2011 the decision to dismiss a similar lawsuit filed by the Fund of Assistance to the National and Religious Consent of Princes to recognize its rights to the Moscow Kremlin.
The fund's chief, Valery Kubarev, claimed in court that he is a descendant of the Rurik Dynasty, which he believes entitles him to unlimited use of the Kremlin.

January 26

CORPORATE LAW

Shareholder vs TNK-BP

Eighth Commercial Court of Appeals

The Eighth Commercial Court of Appeals will hear an appeal filed by minority shareholders of TNK-BP, against dismissal of lawsuit against board members Peter Anthony Charow and Richard Scott Sloan.
The minority shareholders sue the board members for the losses resulted from the failed cooperation with Russian oil giant Rosneft. The minority shareholders claim the TNK-BP shareholders' interests were damaged in the result of the failed cooperation between BP and Rosneft to explore the Arctic shelf and swap shares.

CONTRACTUAL OBLIGATIONS

Nordea vs SU-155

Moscow Commercial Court

The Nordea Bank is seeking to recover its loan extended in June 2007 and have execution levied on the pledged property. The loan issued to SU-155 building company was set to mature in 2012. The bank requested its early repayment because SU-155 ceased to pay interest.
Nordea Bank is a universal bank providing a full range of banking services to individuals and legal bodies. Scandinavian Nordea Group holds a 100-percent stake in the bank.
SU-155 has been operating on the Russian construction market for over 50 years. It comprises more than 150 independent organizations, including 28 industrial enterprises in 17 cities.

January 27

CONTRACTUAL OBLIGATIONS

Sodexim vs Finance Ministry

Moscow Commercial Court

The court will commence considering Sodexim’s lawsuit against the Finance Ministry to recover funds at the expense of the budget. According to the court, the plaintiff seeks $56.5 million. Earlier the court held in favor of Sodexim, but currently it wants to collect the “remaining sum”.
Sodexim claims it suffered losses as a result of the Russian-Algerian debt settlement.

CONTRACTUAL OBLIGATIONS

Mezhprombank vs Shopping Mall

Moscow Commercial Court

The court will start hearing the lawsuit filed by the Deposit Insurance Agency, Mezhprombank bankruptcy administrator, to collect 3.73 billion rubles ($ 118.91 million) from Sredniye Torgovye Ryady (Middle Shopping Mall).
The company was set up to implement an investment project intended to restore the historical mall complex near Red Square in Moscow. The dispute which arose between the parties during the project accomplishment is now to be resolved in court.
International Industrial Bank (Mezhprombank) was established in 1994 in Moscow. In November 2010, a spokesperson for Mezhprombank's temporary administration declared in court that the bank's assets were estimated at 62.2 billion rubles ($2.04 billion) while the debts amounted to 92.285 billion rubles ($3.05 billion).

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