Litigation and Dispute Resolution

Using our experience and knowledge of local regulatory practices, we provide our clients with an initial evaluation and professional opinion of the most likely outcome of a court case. We will distinguish those claims which may be resolved without going to trial and should instead follow the pre trial mediation route. However, if the decision is made to go to trial, our litigators will develop tactics to employ when pleading your case and deliver results in line with your objectives.

Attuned to the challenges facing our clients, we fully appreciate that you need to win the case as well as achieve enforcement of a court judgment or award. A track record of broad experience and success of dealing with court bailiffs and enforcement officials, gives us the advantage of pursuing enforcement procedures in an efficient and results based manner.

Our litigators have experience of successfully protecting the interests of large Russian and foreign companies in complex disputes in such industries as energy, oil production, construction, rail transportation and so forth. K&Ps’ lawyers have acted in several court cases where the final rulings set legal precedents and which result in changes to the way the law in question is applied in practice.

The firm’s lawyers will occasionally find themselves representing a client in parallel in several interrelated court cases and have therefore the ability to simultaneously coordinate procedural case strategies if the circumstances warrant it.

The firm’s experience of protecting clients’ interests is not limited to Russian courts. K&P’s litigators successfully represent clients before international arbitration courts (London Court of International Arbitration, Stockholm Chamber of Commerce, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation etc.)

Corporate Law and M&A

Our highly qualified and results-driven Corporate Law Group is comprised of lawyers with top notch experience in contentious and non-contentious corporate work who can provide comprehensive legal support in litigation cases, as well as advise on challenging issues of corporate law including corporate governance. Khrenov & Partners acts for both buyers and sellers in negotiated and contested M&A projects. A growing area of our M&A practice consists of advising strategic and financial investors on acquisitions in countries with developed economies as well as in emerging markets.

What we do:

• provide a full range of legal services in connection with:
  — transactions involving transfer, reallocation or strengthening of corporate control;
  — purchase of business ventures;
  — mergers and acquisitions;
  — foreign investments in Russia and projects involving Russian clients investing abroad;
• carry out due diligence exercises;
• establish and restructure various types of business ventures, groups of companies and investments;
• establish, develop and optimize the corporate governance systems and structures of various corporate entities and groups of companies;
• assess and manage risks in connection with transfer, reallocation and strengthening of corporate control in the course of purchase of business ventures and restructuring of companies and corporate groups;
• represent clients in corporate disputes including complex multijurisdictional disputes in international courts and under various international Arbitration Rules.

Bankruptcy

Khrenov & Partners has established an excellent reputation and highly valued expertise providing legal services in the area of bankruptcy and insolvency, acting for both debtors and creditors.

Our seasoned lawyers specialize in developing creative strategies and use tested legal approaches to protect the interests of clients in bankruptcy cases across diverse industries and in challenging circumstances. Extensive experience enables our professionals to competently calculate the optimal course of action to achieve a client’s goals, to minimize the risks and to maximize the results.

The firm’s lawyers have forged professional, mutually respectful and long standing relationships with trustees in bankruptcy. Khrenov & Partners is proud to represent and work with stakeholders such as strategic credit organizations and enterprises of national importance, while gaining insights and a vital understanding of the specific issues which arise in the industries where the firm’s clients operate. With multi-regional representation and substantive local knowledge, the firm is well placed to act as expert legal advisors to clients across Russia and in transnational bankruptcy cases.

Our team is expert in:

• Recovery of assets of insolvent debtors;
• Recovery of property wrongfully included in a bankruptcy estate;
• Protecting interests of lenders and parties retaining property belonging to insolvent debtors; assisting in the recovery of a debtor’s property illegally acquired by third parties in favour of creditors whose demands are not satisfied during receivership

Aspects of our practice include protecting the interests of the debtor and creditor during bankruptcy proceedings and which include:

• Assisting the head of a trustee in bankruptcy in preparing a register/petition of creditor claims and in conducting bankruptcy meetings of creditors;
• Recording objections to unwarranted demands of creditors claiming inclusion into the register;
• Preparing for and assisting in conducting meetings of creditors in bankruptcy;
• Assisting a trustee in bankruptcy to optimize the liabilities of creditors and increase assets, deal with the bankruptcy estate: i.e. challenge transactions agreed to by the creditor, make claims for declaring transactions void when necessary;
• Debt recovery from third parties;
• Filing for recovery related to property liens, claims against guarantors;
• Filing claims to hold persons whose behaviour led a creditor to bankruptcy, to be held jointly liable with the creditor
• Filing claims to be included in the register of creditors in bankruptcy;
• Confirming, according to court procedure, the basis of claims that have been lodged (in the event where they may be contested);
• Disputing the basis for including claims of other creditors into the register;
• Appealing against the actions of a trustee in bankruptcy;
• Disputes concerning transactions entered into by the debtor;
• Developing a strategy for voting at meetings of creditors in a bankruptcy;
• Legal advice concerning transactions where claims are assigned to another creditor;
• Drafting settlement agreements

International Arbitration

Khrenov & Partner’s dispute resolution practice encompasses a growing overseas client base and cases involving multiple jurisdictions. The International Dispute Resolution Team represents client interests at every stage of a dispute. We will use our best endeavours to reach an early settlement for our clients to avoid an exposure to the litigation risks. However, if the settlement is not possible or not desirable, we will lead the dispute from strategy development and initiation of formal proceedings to the enforcement stage, if necessary. If the client is already involved in a dispute, we may be able to assist with interim measures and enforcement issues, or to give a second opinion on issues which may concern the client. We can also assess the merits of any potential claim which may be made by the client or against the client in connection with a specific transaction.

Our International Dispute Resolution Team represents clients in international arbitrations seated in London, Paris and Zurich under different sets of Rules:

— London Court of International Arbitration (LCIA);
— International Court of Arbitration of the International Chamber of Commerce (ICC);
— Swiss Rules; and
— Ad hoc arbitrations under the United Nations Commission on International Trade Law (UNCITRAL) Rules with seats in London, Paris and Zurich

Troubled Asset Recovery

• Law Firm

The key strength of Khrenov& Partners is dispute resolution and the recovery of troubled assets / debts.

Our permanent professional presence in most federal districts reduces time and financial costs.

Knowledge of local specifics in case of setting such a task allows us to quickly find a buyer for troubled asset / debt, sometimes not even entering court procedures.

• Electronic Trading Platform (ETP)

Our stable and reliable partner is an electronic trading platform with an impeccable reputation, whose actions have never been found to be illegal or invalid.

Symbiosis of the Law Firm and ETP allows to successfully and quickly conduct trading, minimizing the risks of judicial appeal of results, and thereby shorten the duration of the case.

• The Bid Process Organizer

In our scheme of work there is a separate legal entity - The Bid Process Organizer. Its presence makes it possible to more manage risks of contesting the results of trades.

• Bankruptcy Trustees

For more than 10 years we have been successfully cooperating with a number of bankruptcy trustees with more than 150 completed procedures and admissions of forms I and II to information constituting state secrets.

Real Estate and Construction

The successful conclusion of a property sale, land transaction or completion of a construction project from a legal point of view, requires technical skills, a thorough understanding of the structure of the project and an ability to assess the likely risks. It also relies on an ability to put in place legal and contractual mechanisms regulating the legal relationship between the parties to a transaction. Guided by these principles and the experience they have accumulated, our lawyers are proficient in providing a comprehensive range of real estate and construction project legal services. The scope of these services includes:

• structuring transactions and providing legal support in connection with projects involving land and other types of immovable property;
• advising on mortgages and other encumbrances on property;
• helping clients to understand and comply with legal obligations imposed by Russian regulatory authorities

In addition, the firm represents clients in court proceedings including disputes where property rights and construction issues are at stake. Such disputes may involve:

• contesting legal orders, decisions and actions (as well as lack of action) on the part of central, local government and other regulatory authorities;
• consequences of entering into transactions in connection with immovable property, including acquisitions;
• property rights including various infringements of such rights;
• invalidity of transactions and their consequences

Our Real Estate and Construction Practice Group is frequently retained to conduct a due diligence of property rights including:

• legal status of a land plot or property/ building and associated servitudes;
• validity of rights in relation to a building or land plot, as well as verifying procedures for registering such rights with the relevant state entity have been observed;
• ensuring all formalities have been properly followed for the land plot to be assigned for civilian use and its inclusion in the land registry;
• evaluating legal risks, making recommendations to minimize any identified risks

We provide legal support over the entire duration of a construction project, including advising on issues such as:

• building permits and land earmarked for construction purposes;
• land usage and building rights, land parceling and development;
• joint investment and share participation considerations;
• due diligence of land and property rights;
• representing client interests before central and local government authorities and ensuring filing and registration formalities have been complied with

Another aspect of our legal services concerns property reclassification and changes to permitted uses of a land plot, in particular:

• evaluating the legal status of a land plot according to the permitted uses attributed to the land plot;
• assessing the expediency for reclassification of a land plot and its associated usage rights;
• assisting with reclassification and changes to permitted uses of land plots

Energy

Practicing law in the oil and gas and power-energy areas requires a highly integrated and competent approach to confront the challenging issues faced by companies operating in these industries. We offer a wide scope of legal services based on this approach and our broad, first-hand experience of these dynamic and major sectors of the Russian economy.

Using our transactional expertise, the Energy Team assists with:

• acquisition of assets (including distribution networks, steam gas turbine equipment);
• acquisition of shares in oil and gas and energy companies;
• tax advice;
• complete scope of legal services for investment projects in the energy sector

We advise on corporate governance issues covering:

• assessment of transactions and a company’s overall activities to ensure compliance with corporate, anti-monopoly and other applicable legislation;
• restructuring of energy and oil and gas holding companies

We represent clients in oil and gas/power disputes and provide legal consulting services in connection with:

• production sharing and transportation services agreements (including settlement agreements, as well as facilitating negotiations);
• tariff regulation issues (including disputes over tariffs in the electric energy and heat supply sector, recovery of losses from regulatory authorities, recovery of unjust enrichment/indebtedness in cases involving incorrect application of tariffs);
• pre-contractual disputes (including settlement agreements and facilitating negotiations);
• issues around technological attachment to electric networks; technology issues associated with connecting to the electricity/power network
• electric energy and power wholesale and retail markets (including payment for electric energy costs, compensation for losses incurred within electricity transmission grids, reimbursement for unauthorized usage of electric-energy);
• disputes in connection with «last mile» agreements; and
• competition law disputes

We also have extensive industry-specific experience in bankruptcy related matters, including:

• complete range of legal support for companies facing insolvency proceedings;
• protecting creditors’ interests during insolvency proceedings involving energy companies

Environment and Natural Resources

Khrenov & Partners’ advice to clients in the field of natural resources and the environment is founded on the lawyers’ comprehensive knowledge and practical experience of applying environmental, land, forest, water and other resource related law. Our environmental lawyers adopt a collaborative approach to serve a broad based spectrum of client needs by combining the expertise of regulatory professionals and the specialist skills of litigators.

The firm is at the forefront in supporting and defending clients’ interests in the following areas:

• Licences and other permissions required for use and exploitation of natural resources;
• Legal basis, process and conditions for transfer of natural resource use licences in cases of a company’s reorganization or bankruptcy;
• Compliance with environmental legislation in oilfield production;
• Disputes and reconciliation of contentious situations with state environmental agencies, i.e. Rosprirodnadzor, Rosnedr and Russia’s regional executive departments for forest preservation;
• Legal consequences of environmental pollution resulting from oil spills;
• Remedial measures such as re-cultivation and monetary compensation for environmental damage;
• Legality of certain methods for calculating environmental damage (forestry and soil contamination etc.);
• Legal consequences of air pollution from gas flaring;
• Legal basis, procedures and terms for calculating costs incurred in the adoption of environment protection measures to offset against payments associated with environmental liability

Family and Inheritance Law

Our team is very experienced in providing legal services in the area of family and inheritance law. We remain fully sensitive to all matters of family relations, and the principle of confidentiality is fully respected.

We offer the following services in the area of family and inheritance law:

• counselling and assistance in drawing up marriage contracts, property distribution agreements, child support agreements, agreements on the exercise of parental rights, agreements on access to minor children, as well as representation of clients in courts;

• inheritance planning, assistance in drawing up wills and other inheritance documents with property assessment and restructuring, including property located in different jurisdictions;

• counselling and assistance in drawing up documents and court representation in inheritance cases, including contesting wills and disputes over property ownership claims;

• legal assistance and court representation in other cases related to marriage and family matters.

Employment Law

We have an extensive experience in protecting clients' employment interests (both legal entities and individuals) and offer a variety of options for interaction:

• an exclusive option of accompanying all employment issues of the company, settlement of issues with supervisory authorities;

• pre-trial settlement of employment disputes;

• representation of client's interests in courts;

• conduction and conclusion of collective agreement; resolution of disputes with trade unions;

• individual employment disputes;

• issues of migration legislation.