ООО Bar-a-Bas Foods v. Mr. Pierrot Artemonoff III and Ms. Malvina

Timur Aitkulov

27 September 2013

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STATEMENT OF CLAIM

27 September 2013

To the Arbitrazh Court of the City of Moscow

Address: 115191, Moscow, Ul. Bolshaya Tulskaya 17

Claimant: ООО Bar-a-Bas Foods

Address: 399071, the Russian Federation, Moscow

Correspondence address of counsel for Claimant:

Clifford Chance CIS Limited

Address: the Russian Federation, 125047,Moscow, Ul. Gasheka 6 T.D. AitkulovTel.: (495) 258-5050, fax: (495) 258-5051

Email: timur.aitkulov@cliffordchance.com

Defendant 1: Mr. Pierrot Artemonoff III, U.S. citizen

Address: 1 Pierrot House, New York, U.S.A.

Defendant 2: Ms. Malvina, U.S. citizen

Address: 4 Little Avenue, Washington, District of Columbia, U.S.A.

Third party: Pin-Occhio Enterprises Inc.

Address: Pin-Occhio House, New York, U.S.A.

Amount of claim: USD 350,000,000.00 (RUB 11,177,005,000.00 according to the official exchange rate of the Central Bank of the Russian Federation on 27 August 2013)

State duty: RUB 200,000.00

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• A statement of claim brought by ООО Bar-a-Bas Foods ("BBF") against Mr. Pierrot Artemonoff III (“PA") and Ms. Malvina ("М")

o Competence of the Arbitrazh Court of the City of Moscow

Art. 247 (1) Russian Federation Arbitration Procedure Code: "Arbitrazh courts in the Russian Federation shall consider cases on economic disputes and other cases connected with the performance of entrepreneurial and other economic activity which involve the participation of foreign organisations, international organisations, foreign citizens and stateless persons engaged in entrepreneurial and other economic activity (hereinafter "foreign parties"), in the event that:

– (1) the defendant is located or resides in the territory of the Russian Federation or the defendant's property is located in the territory of the Russian Federation;

– (4) the claim has arisen from harm incurred to property due to an action or other circumstance which has taken place in the territory of the Russian Federation, or the consequences of the harm were produced in the territory of the Russian Federation".

Art. 36 (3) Russian Federation Arbitration Procedure Code : "A claim against the defendant, located or resident on the territory of a foreign state, may be filed with the Arbitrazh court at the location of the defendants` property on the territory of the Russian Federation".

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o Russian Law is an applicable law

Art. 1219 Russian Federation Civil Code: "The law of the country where action or other circumstance took place that served as the basis for the claim for compensation for harm shall be applied to obligations arising as the result of such an action or other circumstance, the harm occurred in another country, the law of that country may be applied if the one who caused the harm foresaw or should have foreseen the occurrence of harm in that country".

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o Grounds for the PA`s and M`s liability for harm caused (part 1)

Art. 1064 Russian Federation Civil Code : "(1) Harm caused to the person or property of a citizen and also harm caused to the property of a legal person shall be subject to compensation in full by the person who has caused the harm. ... (2) The person who has caused the harm is freed from compensation for the harm if he proves that the harm was caused not by his fault ...";

Art. 1080 Russian Federation Civil Code : "Persons who have jointly caused harm shall be liable jointly and severally to the victim".

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o Grounds for the PA`s and M`s liability for harm caused (part 1)

unlawfulness of actions: PA and M, jointly with Pin-Occhio company ("POC") prepared and provided to arbitral tribunal misleading expert witness statement (protocol of website "allpravda.ru“ inspection (vol. 1, pages 57-61); certified copies of electronic messages and covering letter by Ms. Tortilla (vol. 1, pages 81-107)), and then applied for recognition and enforcement of an invariable unjust award to U.S. Court (vol. 4, pages 104-128) and to the U.S. Marshals Service in New York (vol. 4, pages 104-128). These are actions in bad faith and therefore unlawful (Art. 1 (3)and(4) of the Russian Federation Civil Code);

existence of harm: the amount of USD 350 million written off from the correspondent bank account in New York, USA (evidence: bank statements, a letter from the bailiffs of New York (vol. 3, pages 5, 8 -12), a supply contract of kvas (vol. 2, pages 50-96 payment order (vol. 2, page 97));

causal connection between the unlawful conduct and the harm caused: PA, M and POC could and should have foreseen the onset of harm at the time of their actions (Braginskiy M.I., Vitryansikiy V.V. Contract law. General provisions. М.: Statut, 2001. P. 508);

PA`s and M`s guilt: PA, М и POC acted intentionally.

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o Claim:

To recover USD 350,000,000.00 jointly from Mr. Pierrot Artemonoff III and Ms. Malvina.

27 September 2013

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www.cliffordchance.com

ООО Bar-a-Bas Foods v. Mr. Pierrot Artemonoff III and Ms. Malvina