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Commercial Litigation Weekly Calendar (February 13 - 17)

10:00 13/02/2012

Monday, February 13

CORPORATE LAW

Navalny vs Rosneft

Moscow Commercial Court

A renowned whistleblower and a minority shareholder in several major Russian state-owned companies Alexei Navalny requests from Rosneft to show a number of corporate documents. Earlier two lawsuits filed by Navalny were consolidated.

The plaintiff asked for the copies of contracts, concluded as part of an oil supply deal with China and minutes of the Rosneft 2009 board meetings.

Navalny's rights concerning minutes issue were finally recognized by the court. Yet, Rosneft may exclude some data before passing it to minority shareholder due to the company's confidence policy. This issue is still under consideration.

Russia's largest oil company, Rosneft, saw 2011 net profit jump 19.7 percent year-on-year to $12.452 billion to US GAAP.

Tuesday, February 14

CONTRACTUAL OBLIGATIONS

Ametech vs Rosoboronexport

Moscow Commercial Court

The Ametech artillery weapons systems manufacturer seeks to recover $89.5million (2.588 billion rubles) from Russian Defense Export (Rosoboronexport). Ametech claims 1.63 billion rubles in lost profit. It also seeks to fine Rosoboronexport for "counterproductive financing" which causes a six year delay in order completion.

Amatech manufactures artillery weapons systems with laser guidance.

Rosoboronexport is a leading arms company. It is the only state intermediary in Russia for the export and import of arms products, technology and military and dual-purpose services.

CIVIL LAW

State Property Management Agency vs Inteco subsidiary

Moscow District Federal Commercial Court

The State Property Management Agency believes that Setunskaya's 16.4 hectare land plot is partially located within an area reserved by a 1993 presidential decree. This area was set aside for the construction of diplomatic missions. But the watchdog refused to retrieve the land plot from Setunskaya.

The case was dismissed last year due to procedural lapse, the State Property Management Agency lodged the cassation appeal.

TD Setunskaya is a subsidiary of Inteco, Russia's major real estate company allegedly suspected dominance on Moscow real estate market. Inteco is owned by Russia's richest woman and wife of former Moscow mayor Yelena Baturina.

Wednesday, February 15

CIVIL LAW

Central Bank vs Severnaya Verf (Northern Shipyard) shipbuilding plant's shareholders

Moscow Commercial Court

The Central Bank filed a lawsuit against the Severnaya Verf (Northern Shipyard) shipbuilding plant's shareholders, whose shares were pledged under loans totaling 32 billion ruble ($1 billion) to the now insolvent Mezhprombank.

The court ordered earlier an expert appraisal of the pledged shares. Deloitte & Touche CIS was appointed by the court to conduct the appraisal which was sealed. The hearing to be held in private.
Severnaya Verf is part of former Senator Sergei Pugachyov's United Industrial Corporation (UIC).

CIVIL LAW

Gazprombank vs Vyborg Shipyard

Moscow Commercial Court

Gazprombank seeks to recover $115.27 million in debt from Vyborg Shipyard under the August 5, 2011 contract.

The preliminary hearings were postponed on December 21 at the request of the defendant, who stated that the parties were holding talks on reaching an amicable agreement.

Gazprombank was established in 1990. It is the parent bank of the group of the same name which combines banking, petrochemical and media assets (Gazprombank group). The bank has 43 branches and five subsidiary and dependent banks. It has a stake in three foreign banks.

Vyborg Shipyard JSC, founded in 1948, is one of the largest shipbuilding companies in the north-western region of Russia. Since 1996 the shipyard has been a private enterprise. Its main focus today is the construction of drilling platforms to develop shelf deposits and platform support vessels.
Thursday February 16

CIVIL LAW

Aeroflot vs VTB 24 bank

Moscow Commercial Court

Aeroflot seeks to recover losses resulting from a hacker attack on its online ticket sales system on July 16, 2010. The problem was only fixed a week later.

VTB 24 is the airline's settlement bank and sells its e-tickets.

Based in Moscow's Sheremetyevo airport, Aeroflot is a member of the SkyTeam Alliance, which flies to 898 destinations across 169 countries. Its aircraft fleet is one of the youngest in Europe.

VTB 24 is Russia's second largest retail bank. Its profits in 2011 are expected to reach 28 billion rubles ($873.6 million).

CIVIL LAW

In the matter of Baltiysky Zavod shipyard

Ninth Commercial Court of Appeals

In December 2011 Moscow Commercial Court ordered foreclosure of 88,32% of shares in Baltiysky Zavod shipyard pledged on July 15, 2010 as a security for loans granted to Mezhprombank. Central Bank's lawsuit to levy execution on the shares was thus upheld.

The holders of the shares were ZAO Yunior, ZAO TechnikLine, OOO Nano-Stroi, ZAO Inter-Stroi and ZAO Trust Holding.

The judgment was appealed by one of the parties of the proceedings which remained undisclosed. Hearings are held in private.

The shipyard, which has built over 500 ships since its foundation in 1856, makes ice-breakers, warships and heat exchangers for nuclear power plants.

DEBT RECOVERY

Bank of Moscow vs Premier Estate, TD Ramenskaya

Moscow Commercial Court

The Bank of Moscow filed a lawsuit against TD Ramenskaya, a company owned by former Moscow mayor's wife Yelena Baturina, and Premier Estate for a total of $446.8 million.

The bank demands debt recovery. A loan was issued by the bank to the Premier Estate company in 2009, while TD Ramenskaya acted as a guarantor.

The Bank of Moscow is one of Russia's leading universal commercial banks in terms of assets, capital and amount of funds drawn from the population, the bank's website reads.

Friday, February 17

TRADEMARK INFRINGEMENT

GM Daewoo Auto and Technology CIS vs Federal Antimonopoly Service

Moscow Commercial Court

GM Daewoo Auto and Technology CIS, General Motors subsidiary, seeks to reverse the antimonopoly watchdog's decision on the unlawful use of Olympic symbols.

The Federal Antimonopoly Service claimed in June that the company was engaged in unfair competition by using the Olympic symbols to sell Chevrolet cars. The violation boiled down to the company naming a Chevrolet car color, "Olympic white."

The company was fined 23.27 million rubles ($735,000).

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