Commercial Practice

PUBLICATIONS

November 2018

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CEE Legal Matters, 23.11.2015
"Kachkin & Partners Successful for Cres Group in Russian Dispute"
St. Petersburg TV channel, 28.01.2015
"Car dealer "Laura" declared bankruptcy of the store in Kupchino"
Construction Weekly, 26.01.2015
“Bankruptcy will increase”
Delovoy Peterburg, 14.01.2015
“Bankruptcies go great guns”
BN-TV, 19.12.2014
"Individuals' bankruptcy to come ahead of time"
Kommersant – St. Petersburg, supplement “Legal forum”, 03.12.2014
"Travel industry was contoured with boundaries"
Business FM, 17.11.2014
"Ignoring the fact that state companies are recommended to give preference to Russian, Belorussian and Kazakhstan enterprises in procurement, foreign business will be able to get a wide access to tenders"  
Delovoy Peterburg, 11.11.2014
"They're trying to collect 1,14 bln roubles from "LenSpetsStroy"  
Construction Weekly, 10.11.2014
"Sberbank bankrupts "Ust-Luga" contractor"
Delovoy Peterburg, 06.11.2014
"Bankruptcy cases tend to get closed more often in St. Petersburg due to the lack of money for carrying out this procedure"  

Страницы

04.07.2013
Kachkin & Partners protected interests of an architectural-design bureau during its client’s bankruptcy process
19.06.2013
Seminar “Having business with a foreign partner: forewarned is forearmed. Actual legislative restrictions and requirements of the foreign companies to contractors”
30.11.2012
Kachkin & Partners participated in the 6th International conference IBA Law firm management
Developing recommendations on reducing the tax burden and minimizing the risks of the companies belonging to Smeshariki Group
Court representation of Tebodin, an international engineering company in a contract fulfilment dispute
Representing customers against a malevolent contractor on telecom networks construction
Defending the owner of a large warehouse against the property management company
Defending the non-commercial legal research institution against a customer
Defending the warrantors

CEE Legal Matters, 23.11.2015

Link

"Kachkin & Partners Successful for Cres Group in Russian Dispute"

The media publishes the news on Kachkin & Partners Corporate and Dispute Resolution Practice team winning a joint liability award against the general director of a bankrupt company in an amount exceeding RUB 12 mln.

Kachkin & Partners has successfully represented the interests of the Cres Group — the owner of a class "A" refrigerated-warehouse facility in St. Petersburg spanning some 32,500 square meters — in a dispute with the SK management company, responsible for collecting and transferring "all of the lease payments from the warehouse tenants."

The Kachkin & Partners team successfully persuaded the Court to award the Cres Group the "illegally-withheld amounts from the management company – as well as penalties for the delay in payment." The court also dismissed the management company's countersuit seeking damages for unilateral termination of the agency agreement (as the Cres Group had suspended all agency relations when SK refused to transfer the funds due to the Group for the use of its property).

The firm also then successfully initiated a joint liability claim against the management company's directors following the discovery in enforcement proceedings that the company had insufficient property "sufficient to even partially satisfy the claims of Cres Group."

Finally, according to a K&P summary of the dispute, "as a result, in the course of its reconsideration of the dispute, the court of the first instance entered a decision ordering satisfaction of the joint liability claim in full. Once the court order has entered into legal force, collection proceedings will commence against the director to recover an amount in excess of RUB 12 mln, as a result of which the bankruptcy estate could be significantly augmented and our client's demands – satisfied in full."

The case remains subject to appeal.

David Stuckey