deloitte legal dispute resolution

Dispute Resolution2019

Dispute Resolution© 2019 Deloitte Consulting LLC Slide 2 of 18

Dispute resolution services 4

Table of Contents

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02 Deloitte in Russia 14

03 Our team 17

Services and solutions

Deloitte in Russia

Our team

Dispute Resolution© 2019 Deloitte Consulting LLC Slide 3 of 18© 2019 Deloitte Consulting LLC Dispute Resolution

Dispute Resolution


Deloitte in Russia

Our team


Our approach

Litigations and complex business disputes are a growing risk for corporations around the world. They have the potential to disrupt businesses, damage reputations, and generate significant costs.

At Deloitte CIS, an experienced and efficient dispute resolution team is at your service, ready to tackle various types of disputes, including commercial, tax, regulatory, and intellectual property-related.

In each case, we seek to identify its unique circumstances and the client’s needs, helping to come up with an efficient defence.

We bring extensive cross-border capabilities to effectively manage litigations across jurisdictions.


Deloitte in Russia

Our team


Dispute resolution life cycle

Pre-trial stage

• Early case assessment

• Out-of-court settlement negotiations

Representation before commercial (state) and arbitration courts

• Preparation of legal opinions on conflicting provisions of the Russian and foreign law with respect to a particular case

• Evidence discovery and capture

• Assistance in obtaining provisional measures

• Assistance in expert examinations and drafting questions to experts

• Preparation and filing of lawsuits, appeals, cassational appeals, supervisory appeals and other procedural documents

• Representation before courts of all instances

• Drafting and approval of settlement agreements

Enforcement proceedings

• Resolution enforceability assessment

• Support in enforcement proceedings

• Legal assistance with postponing or extending the enforcement of court rulings


Deloitte in Russia

Our team


Commercial disputes

• Pre-contract disputes

• Disputes arising from sale and purchase, lease, loan, leasing, works, services, insurance, agency contracts, etc.:

‒ Declaring contracts invalid

‒ Declaring contracts non executed

‒ Collection of debts, losses (incl. lost profits)

‒ Penalty minimization

‒ Challenging unfair contractual terms

• Protection of business reputation

Cross-border disputes and arbitration

• Handling cross-border transaction disputes in Russian and foreign courts as well as in arbitration institutions

• Support with evidence collection in Russia and abroad

• Advising and developing defense lines on disputed issues over the applicable law and governing jurisdiction

• Drafting legal opinions to substantiate the choice of law before foreign courts or arbitration

• Enforcement of foreign court decisions and arbitration awards in Russia

• Enforcement of Russian court decisions or arbitration awards in foreign jurisdictions

Commercial and cross-border disputes


Deloitte in Russia

Our team

Anna KostyraManaging partner, Deloitte Legal CIS +7 (495) 787 06 00 (ext. 1481)+7 (921) 935 35 67

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Yuriy KhalimovskiyDirector+7 (812) 703 71 06 (ext. 4534)+7 (921) 922 62 27

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mailto:[email protected]







Corporate disputes

Disputes in regard to calling of shareholders meetings

Challenging transactions entered into by company’s executives on behalf of the company (deals detrimental to the company, interested-party transactions, major transactions, transactions beyond scope of capacity)

Disputes from the appointment (election) or termination (suspension) of powers of or imposition of sanctions on company management

Disputes in regard to breach of shareholders agreements

Disputes over establishment and activities of a joint venture

Settlement of corporate conflicts

Disputes relating to stakeholder claims against shareregistrar or depositary

Share (stock) ownership disputes

Preemptive right disputes

Dividends payment disputes, disputes regarding levy of execution on actual value of the participation interest

Disputes regarding mandatory offer submission or redemption of remaining shares

Disputes regarding charter capital increase, including through stock issue

Shareholder reinstatement disputes

Company incorporation, reorganization and winding-up disputes


Deloitte in Russia

Our team


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Ildar ZverevSenior lawyer+7 (495) 787 06 00 (ext. 1634)+7 (916) 591 11 87

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Preparation of appeals to Federal Tax Service against decisions of inspectorates and participation in their review

Drafting procedural documents (claims against tax authorities’ decisions, appeals, cassation appeals, written explanations with respect to tax authorities’ responses, petitions, applications, and other documents)

Representation at preliminary and main court hearings in Russian arbitrazh courts of first, appellate and cassation instances, including appeals to the Supreme Court of the Russian Federation

Tax disputes

Preparation of objections to tax audit reports (including analysis of court practice, clarifications of state authorities and preparation of additional documents in support of a taxpayer’s position)

Participation in reviews of tax audit materials including materials received upon additional tax control measures

Assistance during additional tax control measures

Preparation of additional objections following additional tax control measures

Preparation of administrative appeals against tax inspectorates’ decisions to a superior tax authority (including monitoring of their status and drafting necessary petitions)


Deloitte in Russia

Our team

Anton ZykovPartner, Tax Dispute Resolution Leader, Deloitte CIS+7 (495) 787 06 00 (ext. 1778)+7 (985) 281 94 40

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Antitrust and other regulatory disputes

Preparing responses to the antimonopoly authorities’ requests

Development of defense lines to minimize/reduce the amount of sanctions from Federal Antimonopoly Service

Client representation before Federal Antimonopoly Service and the courts in disputes arising from violation of antimonopoly legislation including:

• Abuse of dominant position

• Anti-competitive agreements

• Unfair competition practices

• Breach of advertising regulations

• Violation of antimonopoly bidding requirements

Client representation in litigations seeking recovery of losses from antimonopoly legislation breaches

Challenging regulatory audit findings

Participation in the disputes relating to the issue, suspension, renewal, cancellation, and annulment of licences

Participation in the disputes relating to the registration activities and maintenance of state registers

Participation in the litigations seeking acknowledgement of illegitimacy of public authorities’/officials’ acts (omissions)

Recovery of losses sustained from actions (omissions) of regulatory bodies

Client representation in administrative proceedings


Deloitte in Russia

Our team


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Support of bad debt restructuring (assisting in negotiations, claim settlement, alignment of letters of intent/debt restructuring agreements)

Debt enforcement

Assisting enforcement proceedings

Drafting legal opinions on bankruptcy legal aspects (assessment of case outlook, preliminary search of debtor’s financial position)

Drafting and filing bankruptcy petition against debtor and claim for registration as a creditor

Review of other creditors’ claims and preparation of relevant objections

Debt collection and bankruptcy


Deloitte in Russia

Participation in creditor meetings/committees

Control of court-appointed manager’s activities; challenging his acts/omissions; forcing him to challenging withdrawal of assets; recovery of losses inflicted by him

Representation in bankruptcy litigations (including challenging the debtor’s deals and claims of bad-faith creditors)

Challenging the results proceedings on foreclosure sale and/or bidding process organizer’s actions

Holding the debtor’s controlling owners to subsidiary for debts owed to creditors

Assisting foreign creditors in enforcement proceedings and bankruptcy proceedings arising from a Russian debtor’s bankruptcy case


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Labour and consumer disputes

Handling negotiations with employees/labour unions for the benefit of the employer; assistance in settlement of labour disputes (including collective labour disputes if any)

Out-of-court conflict settlement

Drafting required paperwork and assistance in challenging the labour inspection’s decisions (directions, records) in court

Assistance in internal investigations and audits in relation to employer’s losses (including imposition of further disciplinary or financial sanctions)

Drafting relevant paperwork and assistance in handling individual and collective labour disputes

Full scope of litigation support; development of employer’s defense line and drafting required procedural documents; representation in court

Development of strategies to negotiate with the conflicting and protected employees

Legal representation of manufacturers (producers); settlement of consumer disputes in court and on out-of-court basis

Assistance in expert examinations and out-of-court examinations of product quality, safety and conformity to the declared properties

Alfia MukhamatyanovaSenior lawyer+7 (495) 787 06 00 (ext. 2985)+7 (916) 902 73 38

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Ekaterina PortmanDirector+7 (495) 787 06 00 (ext. 1517)+7 (916) 083 49 49


Deloitte in Russia

Our team










Protection of exclusive rights and settlement of third party claims

Out-of court, trial, and regulatory representation in disputes relating to:

• Protection of exclusive rights to all types of intellectual property

• Disputes arising from contractual disposal of exclusive rights

• Misuse of corporate identity, brands or trademarks on goods, works and services (including filing cease-and-desist appeals with the Federal Antimonopoly Service)

• Illegitimate issue of patents/protection to trademarks and service marks (including challenging registration with Rospatent)

Anti-parallel import remediation Assisting in out-of-court settlements and litigations over counterfeit products and parallel imports, including:

• Imposition of sanctions that impede the free sale of goods imported by unauthorized distributors, taking into account the position of the Constitutional Court and the subsequent court positions

• Use of provisional measures, including the arrest of goods

• Inclusion of trademarks and other intellectual property into the customs register

• Participation in out-of-court settlement and litigation of domain name disputes

• Assistance with blocking access to unauthorisedonline content

• Monitoring IP exclusive rights infringements and control of filing of competing trademark registration requests in relevant jurisdictions

Intellectual property disputes


Deloitte in Russia

Our team


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Artemiy IvanyushinSenior lawyer+7 (812) 703 71 06 (ext. 1361)+7 (921) 762 92 10

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Deloitte in Russia


Deloitte in Russia

Our team


Deloitte’s added value

Because we are backed by the global resources of the Deloitte ToucheTohmatsu Limited (DTTL) network of member firms, we can leverage the collective knowledge, experience, and judgement of our colleagues in DTTL member firms to support our clientsvirtually anywhere in the world.

Apart from commercial and corporate dispute professionals, our multi-discipline team includes subject-matter experts, enabling us to address special requirements and effectively manage case strategies.

We do not just aim to win, but are committed to delivering true business outcomes. We place strong emphasis on out-of-court settlement and enforcement of court decisions.

With USD 46.2 billion in revenue reported for 2019, Deloitte global network

retained its status as the world’s largest professional firm


Deloitte in Russia

Our team


Yuzhno-Sakhalinsk

St.Petersburg

Minsk

Moscow

Kyiv

Tbilisi

Baku

Atyrau

Nur-Sultan

Almaty

Bishkek

Dushanbe

Tashkent

Ufa

Ashkhabad

Yerevan

Yekaterinburg

Aktau

Novosibirsk

Deloitte in brief

With a globally connected network of member firms in more than 150 countries, Deloitte brings world-class capabilities and deep local expertise to help clients succeed wherever they operate.

Deloitte in Russia is part of the CIS practice, a member firm of Deloitte ToucheTohmatsu Limited (DTTL). We employ over 3,700 professionals who provide audit, tax, consulting, and financial advisory services to public and private clients across nine CIS countries, Georgia, and the Ukraine, spanning multiple industries.

Deloitte CIS is represented in Russia (Moscow, Saint Petersburg, Ufa, Ekaterinburg, Novosibirsk, Vladivostok, and Yuzhno-Sakhalinsk), the Ukraine (Kyiv), Belarus (Minsk), Georgia (Tbilisi), Armenia (Yerevan), Azerbaijan (Baku), Kazakhstan (Aktau, Almaty, Astana, Atyrau), Kyrgyzstan (Bishkek), Uzbekistan (Tashkent), Tajikistan (Dushanbe), and Turkmenistan (Ashkhabad).


Deloitte in Russia

Our team

Vladivostok


Our team


Deloitte in Russia

Our team


Anna Kostyra

Managing partner

Deloitte Legal CIS

+7 (495) 787 06 00 (ext. 1481)+7 (921) 935 35 [email protected]

Our team

Anna has been representing companies in state and arbitration courts for over 20 years.

Anna has strong competence in IP/IT projects, including the development of defence strategies and tactics; her litigation experience includes disputes with the tax and customs authorities, bad-faith vendors and competitors. Anna has amassed a wealth of hands-on experience in representing customers at court, developing litigation strategies and defence arguments.

As the leader of Deloitte Legal, Anna focuses on delivering cutting-edge business solutions that bring together the efforts of Deloitte’s legal, tax, and consulting practices.

Anton Zykov

Partner

Tax Dispute Resolution Leader, Deloitte CIS

+7 (495) 787 06 00 (ext. 1778)+7 (985) 935 94 40

[email protected]

Anton has been representing clients in disputes with tax and customs authorities, currency control bodies, and other government agencies since 2000. He advises companies and individuals on tax audits and assists with out-of-court settlement of tax disputes. On multiple occasions, Anton was able to achieve successful outcomes when appealing against decisions of tax bodies with the head office of the Russian Federal Tax Service.

Anton has represented client interests in Russian courts in disputes on transfer pricing and economic justification of interest expense and defended clients against claims of obtaining unjustified tax benefits. On numerous occasions, he acted as an expert on Russian law in international courts.

He is included in the Legal 500, Chambers Europe, and Tax Controversy Leaders ratings.


Deloitte in Russia

Our team



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