We see the case through to a real result
We handle commercial disputes of any complexity, from recovering a contractual debt to multimillion-rouble corporate conflicts. We represent the client at every level, from the first instance to cassation and the Supreme Court.
Separately, we handle counterparty bankruptcy: if a debtor enters bankruptcy proceedings, we support the client as a creditor, from inclusion in the register of creditors’ claims to challenging the debtor’s questionable transactions.
The practice is overseen by a partner of the firm.
What the service includes:
From our practice
How we work
We take on a dispute only when we see real grounds for winning.
Assessing the prospects
Before work begins, we give an honest assessment of the chances of winning and of whether the dispute makes economic sense, without promising a guaranteed result.
Pre-trial stage
Claim letters and negotiations often deliver a result faster and more cheaply than court.
Court proceedings
We conduct the case in the court of first instance and, where necessary, on appeal and in cassation, with no handover between different lawyers.
Enforcement of the judgment
A court judgment is not a result in itself. We see the matter through until the money is actually received or the obligation is performed.
In numbers
The experience behind every recommendation.
Other practices
Publicity of proceedings: what shows up in open sources
Proceedings in a state commercial (arbitrazh) court are public. All judicial acts in a commercial dispute, from the ruling accepting the claim to the final judgment, are published in the open register of commercial court cases and are available to anyone: partners, banks and the client’s competitors. For a business owner or senior executive, this means the very fact of the dispute and its progress become visible sooner than the parties would like to announce them.
What can be done. In certain cases a closed hearing is possible. Where the case involves trade secrets or other legally protected information, the court may, on a reasoned application, hear the dispute without public access to the materials. This is an exception, not the general rule, and it must be raised early in the proceedings, not after part of the materials has already been published.
International arbitration works the opposite way. Proceedings in international commercial arbitration are confidential by default: neither the substance of the dispute nor the award is published without the parties’ consent. For clients for whom keeping the dispute out of the public eye matters more than the subject of the claim itself, this is often the deciding factor in choosing the method of dispute resolution, already at the stage of agreeing the contract.
The cost of a dispute: state duty, expenses and payment models
State duty. When a claim is filed in a commercial court, the duty is calculated from the amount claimed on a scale set by law. The larger the debt, the more noticeable this item of expense is at the start of the case. We make an exact calculation before filing, so the amount does not come as a surprise at the last moment.
Who ultimately pays for the proceedings. At the end of the case, the winning party is entitled to recover from the losing party the state duty it paid and part of its legal representation costs, but not automatically and not in full: the court assesses the reasonableness and documentary support of each item of expense. That is why we draw up the agreement with the lawyer, the acceptance certificates and the payment documents so that there is something to present when costs are claimed.
Models of payment for legal services. Depending on the nature of the dispute, we work on a fixed fee for each stage of the proceedings, an hourly rate, or with a success fee as a supplement to a base fee. We discuss the specific model at the consultation, after assessing the prospects of the case, rather than offering the same arrangement in every situation.
Conducting a case remotely for clients abroad
Attending court in person is almost never required. Most of the business owners and senior executives we represent run their dispute from another city or another country and do not attend hearings in person. All procedural steps are taken by a representative under a power of attorney.
A power of attorney from abroad. If the client is outside Russia, the power of attorney is executed before a foreign notary and legalised: by apostille for countries party to the Hague Convention, or by consular legalisation for others, with a notarised translation into Russian. We prepare the wording of the powers in advance, so that the document is accepted without objection at the very first hearing.
E-filing and online participation in hearings. Case documents are filed through the commercial courts’ electronic justice system without visiting the court registry, and you can take part in a hearing remotely, by web conference or videoconference through the commercial court nearest to the client. For a client in another time zone this removes the question of physical attendance, but requires a technical connection protocol to be thought through in advance.
Frequently asked questions
Is it worth going to court if the debt is small?+
We assess whether the dispute makes economic sense at the outset, taking into account court costs and the real chances of recovering from the particular debtor.
How long does a commercial court case take?+
From several months to 1-2 years, including appeal and cassation. We give indicative timeframes once we have reviewed the case materials.
What if the debtor goes bankrupt?+
We move into the bankruptcy procedure as the creditor’s representative: we have the claim included in the register of creditors’ claims and, where necessary, challenge the debtor’s transactions.
Can a debt be recovered from a foreign company?+
Yes, through international arbitration or the courts at the debtor’s location, depending on the terms of the contract and the applicable law.
Do you take cases on a success fee basis?+
We discuss the fee and payment model individually after assessing the prospects of the case. We work on a fixed fee for each stage.