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Dispute Resolution2019
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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
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Dispute Resolution
Services and solutions
Deloitte in Russia
Our team
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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.
Services and solutions
Deloitte in Russia
Our team
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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
Services and solutions
Deloitte in Russia
Our team
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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
Services and solutions
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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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
Services and solutions
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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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)
Services and solutions
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
Services and solutions
Deloitte in Russia
Our team
Anna KostyraManaging partner, Deloitte Legal CIS +7 (495) 787 06 00 (ext. 1481)+7 (921) 935 35 67
Send e-mail
Yuriy KhalimovskiyDirector+7 (812) 703 71 06 (ext. 4534)+7 (921) 922 62 27
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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
Services and solutions
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
Anna KostyraManaging partner, Deloitte Legal CIS +7 (495) 787 06 00 (ext. 1481)+7 (921) 935 35 67
Send e-mail
Yuriy KhalimovskiyDirector+7 (812) 703 71 06 (ext. 4534)+7 (921) 922 62 27
Send e-mail
Our team
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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
Services and solutions
Deloitte in Russia
Our team
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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
Services and solutions
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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Artemiy IvanyushinSenior lawyer+7 (812) 703 71 06 (ext. 1361)+7 (921) 762 92 10
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Deloitte in Russia
Services and solutions
Deloitte in Russia
Our team
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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
Services and solutions
Deloitte in Russia
Our team
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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).
Services and solutions
Deloitte in Russia
Our team
Vladivostok
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Our team
Services and solutions
Deloitte in Russia
Our team
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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
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.
Services and solutions
Deloitte in Russia
Our team
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