Finance Monthly Global Awards 2018 Edition

Examples of Projects • Protection of the defendant’s interests in the suit of the Government of Moscow on recognizing the right of ownership and demanding a non-residential premises built within the framework of an investment project. The case was twice referred for consideration on the merits to the Supreme Court of the Russian Federation, which abolished the judicial acts adopted in favor of the Moscow Government. As a result, the client’s ownership of non-residential premises was confirmed by the court, and the claim was rejected. • Protecting the interests of defendants in the Supreme Court of the Russian Federation in the process of foreclosure on the company’s property for the debts of its beneficiary for a total amount of more than $ 50 million. As a result of the consideration of the case, the Supreme Court of the Russian Federation satisfied the complaint of clients and partially abolished the accepted judicial acts. • Protection of the borrower in the debt recovery case in the amount of $ 20 million. In court it was proved that a substantial part of the claims of the plaintiff is based on falsified evidence. Claims were partially satisfied, the amount awarded was only a small part of the claims. • Protection of the interests of the client in the dispute on demanding from another’s illegal possession of the yacht ‘Britannia’, which is a copy of the legendary yacht of the same name, built in 1893 for King Edward VII and sunk in 1936 in fulfillment of the will of King George V. As a result of the dispute, the court sided with the client and refused to satisfy the claim. • Representation of clients’ interests in a corporate dispute about restoring control over a large regional enterprise for the production of building materials. The claims were satisfied, the company was restored legal and factual control. The court managed to prove that the content of the statute in the tax authority was illegally changed by replacing the page, which served as the basis for invalidating a number of corporate acts challenged by clients and changing the hostile CEO. • Protection of interests in the Supreme Court of the Russian Federation on a corporate dispute on the exclusion of a client from the membership of the company. Following the results of consideration of the case in satisfaction of the claims to the client was refused. At the same time, the Supreme Court of the Russian Federation formulated a legal position that radically changed the judicial and arbitration practice in resolving the situations of the so-called ‘deadlock’ when participants lack a common goal in carrying out economic activities, and the corporate capabilities of one of the parties are leveled by the rights of the other. • Legal support of the procedure for the repayment by a third party of claims of creditors of a bank recognized as bankrupt. In the bankruptcy procedure of the bank, the client, as a third party, has paid off all claims of creditors in the amount of more than $ 250 million. This project is significant because it was the first time when the claims of the bank’s creditors were repaid in full within the bankruptcy procedure. • Representation of the client in the dispute on the privatization of electric power facilities. During the trial for the first time in the Russian judicial practice it was recognized that the current law allows privatization of electric grid facilities intended for servicing the population, but not being part of the property complex of a unitary enterprise. • Representation of 860 independent creditors of the bank in the case on excluding of doubtful claims of affiliated persons (subsidiaries of the bank) for a total amount of more than $ 950 million from the register of creditors’ claims. • Representing the defendant’s interests in the Supreme Court of the Russian Federation in two cases related to the qualification of the surety provided by affiliated persons, as a joint or separate. These cases are important for the russian judicial practice because for the first time the Judicial Chamber on Civil Cases was given the opportunity to give legal qualifications to sureties issued by affiliated persons united by common economic interests and controlled by the same ultimate beneficiaries. The highest court sent cases for the revision to a lower court in order to establish the fact of the existence or absence of a combination of circumstances indicative of the joint nature of the sureties. About Pavel Khlyustov Pavel graduated from the Kutafin Moscow State Law University and was awarded the degree of doctoral candidate of legal science for his thesis ‘Repo contracts in Russian civil law’. Pavel represents clients in complex litigation in the spheres of banking, contract, company, property, securities and insolvency (bankruptcy) law. He has successfully represented major Russian companies and multinationals, government agencies, and celebrities. His professional achievements include numerous victories in cases brought to the Russian Supreme Court and the Supreme Commercial Court. Several of his cases have set precedents for the practice of Russian courts. PAVEL KHLYUSTOV Practising Attorney, PhD in Law E: pavelhlyustov@mail.ru Finance Monthly Global Awards 2018 www.finance-monthly.com 29 RUSSIA LITIGATION LAWYER OF THE YEAR