International Construction Arbitration: Protecting the Client’s Interests in an Amount Exceeding EUR 30 Million
REVERA provided comprehensive legal support to a major company implementing turnkey projects in the mining and metallurgical as well as mining industries in the CIS and beyond, within the framework of a dispute before the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (IAC at the BCCI) against a major customer, a resident of Uzbekistan.
A project with an implementation value exceeding EUR 300 million became the subject of a dispute in an amount exceeding EUR 30 million. The case was considered under Uzbek law, while the seat of arbitration was Minsk, which immediately created a number of cross-border and conflict-of-laws challenges.
Protecting copyrights in AppStore
Consulting a number of Belarusian IT companies on disputes with competitors involving violation of copyright on AppStore applications.
Domain dispute in WIPO Arbitration and Mediation Center under UDRP Policy
Сonsulting foreign IT company in its dispute in WIPO Arbitration and Mediation Center under the UDRP Policy procedure involving transfer of a domain name on the motion of foreign owners of trademarks.
Settlement of a construction dispute at the pre-trial stage for a customer from the IT sector
REVERA helped to reach peaceful settlement of disagreements between the contractor, who, based on the oral instructions of the customer, exceeded the contractual scope of repair works by more than twice, and the customer, who, due to the absence of professional specialists, could not evaluate competently the scope of works performed, their quality and cost, and therefore refused to accept and pay for them.
Winning a case in the IAC at the BelCCI for USD 4.5 million
We successfully assisted in a dispute on the side of a Belarusian company for recovery of an advance payment from a Russian counterparty under an agricultural products supply contract in the equivalent of USD 4.5 million. REVERA team justified the competence of the IAC at the BelCCI to handle the dispute and applied the rules of interpretation of contractual clauses under Belarusian law.
Protecting client in a Californian court
We were involved in two disputes in the District Court of the Northern District of California, protecting a Belarusian computer games developer from motions by a French and a Turkish companies claiming violation of copyright on a mobile phone game, unlawful use of means of individualisation and unfair competition.
AECOM
AECOM is a global leader in providing design services for the construction industry and are listed by Fortune 500. In Belarus, AECOM is involved in the construction of the multi-functional complex in Minsk worth 900 mln USD. Our lawyers consulted the Client for the purpose of settling differences with the customer, and in particular developed a strategy and a legal position to protect the Client’s interests in court in an action of collection of penalties for unsatisfactory provision of services.
Minority shareholders of Frandesa company
Frandesa is a leader in the development and production of plant protection agents. REVERA represented company’s minority shareholders in a multi-million corporate conflict with majority shareholders. The majority shareholders desired to fully consolidate the business, but the proposed terms were not satisfactory for our clients. As a consequence of 2-months of discussions, the parties effected a deal, to the reasonable satisfaction of our clients. At present, all terms and conditions of the deal are being duly observed. REVERA’s team managed to settle the dispute without recourse to a court.
Protecting Salamander’s interests
Successful resolution of a corporate conflict between participants of an LLC, a resident of Brest free economic zone. We arranged a defense against claims seeking to invalidate decisions of general meetings of participants, validation of participant’s withdrawal from the company and defense against groundless collection of value of share to the benefit of the withdrawing participant.
A EU company, a leader in producing crop protecting agents
Representation of a Swiss company in a complicated dispute with a Belarusian company involving the amount of ca. 2 mln euros in Belarusian courts and monitoring the dispute in Switzerland.
Defending Bauer Technics a.s. in IAC under the BelCCI
Representing Bauer Technics a.s. in the International Arbitration Court under the Belarusian Chamber of Commerce and Industry in a dispute with Borysov Meat Factory involving collection of VAT sums in excess of contract sum. The complexity and uniqueness of this case was in that there was no similar judicial practice in Belarus prior to it.
Protecting majority shareholders of AvangardSpecMontazhPlus
The Client is a leader in the security systems market. REVERA represented majority shareholders in a corporate conflict lasting over 3 years. During the conflict, REVERA’s lawyers won the principal court proceeding, thus materially strengthening client’s position, claim amount being decreased by 98%.
A major manufacturer of aseptics
Сonsulting a shareholder in a corporate dispute with other shareholders: successful defense against lawsuit claiming coercion into a share purchase agreement, defense against lawsuits seeking to invalidate share purchase agreements and lawsuits seeking to invalidate decisions of management bodies.
Protecting a majority shareholder of a bulk freight hauler
Successful defense of a majority participant against a motion seeking to exclude him from the list of participants of an LLC. Representation of plaintiff in cases contesting decisions of general meeting of shareholders on re-allotment of shares of LLC participants, and seeking invalidation of state registration of amendments to the Charter as based on knowingly false information.
Protecting owner of a retail shop
Successful resolution of a corporate conflict with minority shareholders, including defense against motions seeking to invalidate decisions of general meeting of shareholders, to reverse rights and obligations of share purchaser, to invalidate purchase of shares.
Protecting a major retailer from unfair competition
Representation of a major Belarusian retailer in the case involving a violation of fair business competition principles. The project involved many petitions to state authorities, including the anti-monopoly regulator, due to competitors’ violations of business competition laws by way of unfair advertising, in particular violations of rules of promotional games.
A major Belarusian fashion retailer
Representation of a major Belarusian fashion retailer in a dispute with lessor seeking to recognise an unenforceable notary’s execution order.
A major chain of restaurants
Representation of a major chain of restaurants in a major economic case. We succeeded in levying deposit money under a lease contract. The deposit money was acknowledged to be unjust enrichment due to expiry of principal contract.
An IT company vs. former employee
Representation of a major IT company in an employement dispute with former employee.
Invest-System
Representation of a private developer in a complex dispute with general contractor involving coercion to remove shortcomings in construction and assembly works for an infrastructural facility in Minsk’s housing area.
A dispute with former manager
Representation of a leading enterprise of BelEnergo, a construction and assembly complex, in an employement dispute with former CEO.
Samsung
Representation of Samsung in a case involving unconscientious activities of an individual that ahd registered Samsung.by domain and used it to place advertising hyperlinks on web-pages of some online stores. REVERA represented Samsung in a judicial proceeding in the Supreme Court of the Republic of Belarus, with the result that the domain was conferred to the client.
Protecting majority shareholders against CEO’s actions
Representation of majority shareholders of a Belarusian company in courts and law enforcement agencies due to CEO’s alienation of exclusive right to trademark. Our dynamic efforts had driven negotiations from the dead-lock and allowed the client to agree upon his withdrawal from the Belarusian business on advantageous terms. We also monitored formalisation of arrangements to settle the corporate conflict, in particular, with respect to alienation of shares and change of CEO.
A leading supplier of control and measuring equipment
We supported the client in a complicated corporate conflict between a company member and an executive authority. We elaborated an action strategy to mitigate consequences of executive authority’s actions.
Schneider
A project to fight counterfeit goods in the market of the Republic of Belarus, within the framework of an administrative process. We had been involved in the project right from the start. At first, we carried out a number of sample purchases, in order to establish the fact of sales of counterfeit goods.
After collecting evidential base, we applied to the law enforcement authority, and participated in the investigation together with it. As a result, the entire volume of counterfeit goods was forfeited and the offender was brought to responsibility imposed by law. The rights of intellectual property owner were fully rehabilitated.
Sledopyt
A Belarusian dealer of a foreign manufacturer had registered a principal’s trademark in the territory of Belarus. in course of the judicial proceeding, registration of trademark was acknowledged unfair competition. Afterwards, with the participation of REVERA, the client gained the right to the trademark in accordance with an agreement signed by the parties extrajudicially.
Representing a French manufacturer
Representation of a French manufacturer in complex disputes in the territory of the Republic of Belarus with customers and support for enforcement proceedings.
MorozProduct
Supporting client in disputes with general contractor in respect of construction of an ice-cream factory (both during contruction stage and during warranty period).
Protecting a shareholder of an OJSC
Representation in a case contesting an unlawful additional issue of stocks of an OJSC at the expense of a shareholder.
Protecting supplier of crop protecting agents against CEO’s actions
Successful defense of a major Belarusian wholesale supplier of crop protecting agents in cases contesting agreements involving unjustified rebates unlawfully granted by former CEO to counterparties (misuse of powers). The unjustified rebates amounted in total to circa 5 mln US dollars.
Protecting CEO in a corporate conflict
REVERA participated in a complicated corporate conflict inside a group of companies and defended a hired CEO who was unlawfully dismissed by employer. Thereafter, employer’s executive body unlawfully amended employer’s Charter stating that remuneration at client’s cost shall be paid within three years. The client took legal recourse reluctantly as he considered the risk of injuring his business standing. Therefore, REVERA’s lawyers elaborated an action scheme to restore CEO to his position and provided consulting on appropriate protective measures with regard to relations between company owners.
A major engineering company
Elaborating a strategy and legal position to protect the client in a lawsuit seeking to recover penalties for poor quality of services.
A major supplier of technological solutions for agricultural sector
Representation of a major supplier of process solutions for agriculture in a number of labour disputes.
Protecting owners against successors of a co-founder of AutoRentService
Successful resolution of a corporate conflict with successors of a deceased participant, including defense against a lawsuit seeking to invalidate decisions of general meeting of participants.
Consulting a major Belarusian IT company
Consulting a major Belarusian IT company and supporting in disputes with a German participant in respect of a joint venture registered in the Republic of Malta.
A major Belarusian bank
Preparing a legal opinion on prospective recovery of damages worth over 3.5 mln US dollars from the Banking Processing Centre, due to failure to prevent fraudulent operations. We evaluated the situation and prepared a legal opinion for the client, specifying all risks and outlooks of legal proceeding, thus allowing the client to choose an optimal technique to protect its rights.
Protecting owner against CEO’s actions
REVERA rendered assistance for the client in a complicated corporate conflict between a company participant and executive body.
The executive body evaded furnishing information crucial for the client (company owner) and his strategic decisions. Our associates elaborated an action scheme that allowed company CEO to resign without essential financial outlays and allowed the company to restore its financial soundness that had been lost due to executive body’s actions (recurrent performance of agreements of the principal company not harmonised with the client).
A corporate dispute over a power of attorney
Successful defense against legal suit seeking to invalidate decisions of general meeting of participants on reorganisation and re-allotment of shares, through revocation of a representative’s power of attorney.
A Belarusian footwear manufacturer
Defense against lawsuits lodged by a garment factory seeking reversion of buyer’s rights and obligations under purchase contracts for factory’s stocks.
Bartek
Legal support for recovery of debt from a Belarusian company.
A major Belarusian pharmaceutical company
Establishing unfair competition on the part of a Lithuanian manufacturer of pharmaceuticals in the course of international trademark registration, and its further annulment.
Stopping the Deregistration of a Polish Company from the National Court Register (KRS)
REVERA was approached by a Cyprus-based company with what initially appeared to be a standard request: to recover a debt from a Polish counterparty. The client stated that the debtor remained in regular contact, assuring that payment would be made “any day now” and repeatedly asking for more time. Before initiating dispute proceedings, we conducted […]
