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Litigation. Arbitration.
Litigation is the key area of our practice since it appears an essential aspect of contemporary business relations.
Attorney-at-law Mr. Nikolay A. Zorin represents Russian and foreign corporations and institutions before arbitration courts and tribunals at all stages of judicial procedure, including instance of appeal (second instance) and instance of cassation (third instance).
Litigation
Economic disputes and other cases pertinent to entrepreneurial and other commercial operations are considered as arbitration cases at state courts of commercial arbitration in Russia. Relevant litigation services are offered for proceedings at such courts.
State courts of commercial arbitration available in each region of the Russian Federation consider the following categories of cases arising from non-performance or improper performance contract undertakings:
- lease contract disputes;
- service contract disputes;
- contract of sale and delivery disputes;
- credit and loan contract disputes, etc.
State courts of commercial arbitration consider also other categories of disputes:
- bankruptcy (insolvency) cases;
- ones pertinent to application of law on administrative offenses;
- cases related to protection and enforcement of intellectual property rights (patents, trademarks, inventions, designs, utility models, copyrights, topologies of integral circuits, etc.);
- tax and fiscal disputes;
- ones pertinent tо collection of mandatory payments and sanctions from organizations and private persons;
- ones arguing decisions and actions of state bodies and public officers, including:
- Federal tax service,
- Federal customs service,
- Federal service for intellectual property,
- Federal service of court bailiffs, etc.;
- related to non-contractual obligations;
- for considering contracts void; corporate disputes;
- pertinent to application of land us regulations;
- associated with protection of rights in tangible properties;
- pertinent to application customs regulations, etc.
Arbitration
Actually companies in some cases prefer arbitration, rather than litigation at state courts, since the former has a set of advantages. Arbitral way of dispute settlement allows a great parties’ discretion with regards both to panel formation and procedure, well-known specialists of proper knowledge and reputation might be appointed as arbitrators. Moreover, arbitration provides confidentiality, which is very important for securing safely good business reputation.
International commercial arbitration (arbitral tribunal, court of private arbitration): institutional arbitration and ad hoc arbitration consider suits arising from deals of domestic or international trade and commerce. The latter is being set up for settlement of specific dispute. When the case is considered and arbitral award is granted ad hoc tribunal terminates. Zorin Law Office offers legal support regarding arbitration. Namely, attorney-at-law Mr. Nikolay Zorin advises on arbitral procedure issues, executes procedural documents (claims, applications), attends on behalf of claimant (respondent) verbal hearings, undertakes proceedings of recognition and enforcement of arbitral awards.
Judicial protection is performed by arbitration lawyer by means of representation client’s interest in person, working out stance on the case basing on available documents and evidence, drawing and filing forensic paperwork to protect, secure and enforce lawful rights and interest of the client in specific arbitration case.
Legal representation services at arbitration proceedings can be performed in absentia of the client at the hearing in virtue of the power of attorney.
Zorin Law Office offers arbitration/litigation services from its starting date in the year 2004. Up to date, over fifty arbitration/litigation proceedings have been conducted at the following courts/tribunals across the Russian Federation and abroad.
Attorney-at-law Mr. Nikolay Zorin is also qualified and admitted as Patent and Trademark Attorney in the Russian jurisdiction, retains long-term experience in the area of protection intellectual properties. Professional experience alike is essential for conducting court and arbitration suits associated with protection of intellectual properties. A case, given below, is an example of arbitral proceedings, successfully conducted by Zorin Law Office being representative of Respondent.
Russian company (Seller) and foreign company (Buyer) concluded an international sale contract. In the course of enforcement of the contract it was revealed that the goods did not conform to quality requirements under the contract. Consequently, the payment under the letter of credit was not executed, since Seller had no opportunity to file into a bank a due set of documents. Seller to secure its interest ordered to Carrier not to hand a cargo over to a consignee unless the latter presented originals of shipping documents (bill of lading). However, this order was given to Carrier after the cargo had been handed to a due consignee. Seller considering his rights had been violated initiated arbitral proceedings in the Maritime Arbitration Commission (MAC) (Russian Chamber of Commerce and Industry) against Carrier claiming for an amount of cargo value.
Claim was accepted by MAC, since neither Claimant, nor Respondent had any objections against its competence to consider the case. The legal status of MAC is defined in a Law of Russian Federation On International Commercial Arbitration (1993).
Position of Respondent elaborated by Zorin Law Office was the following: firstly, claim was based on the fact of non-payment, which means liability of Buyer, rather than Carrier; secondly, order not to hand a cargo over was given after the cargo was handed to a consignee; and lastly, Respondent was an agent of a vessel while party to a carriage contract was a vessel owner, therefore claim was addressed to an improper person.
Arbitrators agreed with Respondent’s arguments and terminated consideration of a case on the grounds the action was brought against an improper person.
Notwithstanding that success in the case was mainly caused by procedural aspect, substantially this case serves as an example demonstrating unlawful involvement of the carriers into the disputes arisen between the parties to a sale contract.
Zorin Law Office shall provide you professional services in case of necessity to settle disputes in the sphere of carriage by means of arbitration.
For consultation with attorney-at-law on issues of representation before the court or tribunal, and also to secure legal assistance related to arbitration or litigation, we suggest advance electronic mailing to mail@zorinlegal.ru with attached scan copies of case related documents (contracts; forensic and arbitration documents; resolutions subject to appeal, etc.).