Practices Sectors Private clients

Cross-Border Disputes

Transport and Asset Finance ←
→ Customs Law and International Trade

Product

In times of political and economic changes, cross-border disputes are gaining more attention and increasing importance for business.

BGP Litigation’s Cross-Border Disputes Practice is one of the leaders in the Russian legal market in resolving complex cross-border diputes. BGP Litigation represents large Russian and transnational corporations from various business sectors in international arbitration and foreign national courts.

BGP Litigation team’s experience includes representing clients in arbitration administered by leading international arbitration institutions, including ICC, LCIA, SCC, SAC, SIAC, HKIAC, CAS, FOSFA, ICAC at the Chamber of Commerce and Industry of the Russian Federation, as well as in arbitration under the UNCITRAL Arbitration Rules.

The firm's competitive advantages stem from many years of experience in independent representation of clients in international arbitration against leading foreign law firms, as well as the development of a strategy to protect clients’ interests and achieve maximum results in the most cost-effective and timely manner.

BGP Litigation has established partnerships with many foreign law firms, which makes it possible to effectively support proceedings in foreign courts and to deal with complex multi-jurisdictional disputes.

BGP Litigation also assists clients in searching and seizing debtors’ assets abroad and in engaging investors to fund legal proceedings or repurchase clients’ claims.


Services
International commercial arbitration
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  • Representing clients’ interests in international arbitration under the rules of leading arbitration institutions, including:

    SAC – Swiss Arbitration Centre
    SIAC – Singapore International Arbitration Centre
    HKIAC – Hong Kong International Arbitration Centre
    DIAC – Dubai International Arbitration Centre
    FOSFA – Federation of Oils, Seeds and Fats Associations
    GAFTA – Grain and Feed Trade Association
    ICAC at the Chamber of Commerce and Industry of the Russian Federation - International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation
    Ad hoc arbitration proceedings under the UNCITRAL Arbitration Rules, administered by the Permanent Court of Arbitration in The Hague
    SCC – Arbitration Institute of the Stockholm Chamber of Commerce
    LCIA – London Court of International Arbitration
    ICC – International Court of Arbitration at the International Chamber of Commerce

  • Analysing international arbitration prospects (including under foreign law) and enforcement of awards

  • Advising clients on drafting arbitration and choice-of-law clauses, considering the facts of the case and applicable sanctions restrictions




International investment arbitration
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  • Advising and representing investors and states in disputes under ICSID and UNCITRAL Arbitration Rules in connection with breaches of international investment agreements

  • Analysing arbitration prospects in international investment treaty arbitration, as well as actual enforcement of awards against the state



Sports arbitration
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  • Representing clients before the RAA RUSADA Disciplinary Anti-Doping Committee, the Court of Arbitration for Sport in Lausanne and the disciplinary committees of national and international sports federations

  • Advising clients on sports law and application of anti-doping rules

Litigating in foreign courts
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  • Assisting in litigation before foreign courts (including the United Kingdom, USA, Cyprus, British Virgin Islands, Cayman Islands, The Netherlands, Luxembourg, Germany, France, Austria, the Czech Republic, Latvia and other countries) within the framework of (1) disputes concerning recognition and enforcement of judgments and arbitral awards, as well as the setting aside of arbitral awards; (2) injunction applications (seizure of assets, appointment of asset managers) and application for information disclosure by the defendant; (3) corporate disputes, bankruptcy cases and fraud claims; (4) contractual disputes, including ones complicated by sanctions

  • Drafting legal opinions on Russian law for foreign legal proceedings

Proceedings in Russian courts
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  • Representing clients in cases on recognition and enforcement of foreign judgments and arbitral awards, as well as on setting aside of arbitral awards

  • Assisting clients in cases complicated by a foreign element (application of foreign law, foreign sanctions, etc.)

Forensic investigations and assets tracing
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  • Conducting forensic investigations and asset tracing worldwide

  • Developing a strategy for seizing assets, collecting evidence, enforcing judgments and arbitral awards

Engaging iInvestors to fund legal proceedings
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Engaging investors to fund foreign litigation and arbitration or repurchasing client claims

We advised:

A Russian Businessman

in series of disputes over fraud claims and asset freezing applications in the courts of England and Wales, Cyprus, the British Virgin Islands and the Cayman Islands

A Russian Public Company

in a dispute over a share sale and purchase agreement against a foreign buyer for more than USD 400 mln

A Russian Petrochemical Company

in a dispute over a warranty and construction contract against a German company for more than USD 110 mln

Foreign Companies and a Russian Entrepreneur

in a dispute over a claim for breach of obligations under an option agreement and guarantee for more than USD 100 mln

A Czech Company

in a dispute against a Swiss seller over a share purchase agreement for more than USD 90 mln

A Russian Public Defence Company

in a dispute over a supply contract against a Polish supplier for more than EUR 50 mln

A Luxembourg Company

in a dispute over a share purchase agreement against a Cypriot company

The Russian Paralympic Committee

before the International Paralympic Committee Appeal Tribunal on a complaint against suspension of the Russian Paralympic Committee’s membership

A Russian Public Company

in a dispute over asset seizure in Luxembourg courts

Team

Maxim Kuzmin
Partner, attorney — Cross-Border Disputes
Sergey Morozov
Partner — Cross-border disputes, Sanctions law and compliance

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