Russia, Ukraine and the CIS

Successful representation of a prominent Russian businessman and officials in highly complex and interrelated committal, bankruptcy and Commercial Court proceedings.

We successfully represented a Cypriot company in a multi-million dollar LCIA arbitration involving allegations of fraudulent misrepresentation, unjust enrichment and an alleged breach of contract in the forestry sector in Russia. As well as securing a very favourable result for our client, we obtained an award of all legal and arbitration costs and a significant amount in security.

Acting for a Russian individual to enforce a Russian judgment in the BVI over shares in a company beneficially owned by a Russian judgment debtor. Also involved proceedings in the Seychelles, a Freezing Order and the appointment of a Receiver in the BVI who subsequently took control of Russian companies which owned substantial assets in Russia against which our client could enforce.

Leading the global enforcement strategy on behalf of Mrs Akhmedova for the enforcement of a financial order of the English family court worth £450 million over various luxury assets and bank accounts located around the world, including Marshall Island, Dubai, Isle of Man, Switzerland, Liechtenstein, Russia and England.

We successfully applied for the appointment of a BVI Receiver over the shares in and assets of a BVI company, including shares in a Russian company which owns valuable real estate in Moscow. Working with external Russian Counsel based in Moscow, the Receiver was able to protect the Russian real estate to ensure that a BVI Freezing Order would not be breached and a BVI Claim would not go unsatisfied.

Representing the creditor of a BVI company, we successfully applied for a dissolved BVI company to be restored back into liquidation to enable a liquidator to investigate the whereabouts of the BVI company's assets, believed to be located in Switzerland and Russia. This matter involved cross-border cooperation with practitioners based in Russia, Switzerland, the BVI and the Netherlands.

We assisted a Russian client wrongly classified as a politically exposed person ('PEP') working with his German law firm. His incorrect classification led to financial and reputational harm not to mention the delay caused while he was forced to produce substantial due diligence ahead of potential business deals. We liaised with the third-party organisation who had categorized our client as a PEP swiftly to ensure they understood the complexities of the background and the true position. His PEP-status was removed, mitigating the damage caused by clearing up the misreporting and helping them update their records.

Advised a Russian client on relocating him and his family to the UK in the context of the UK statutory residence test, including advising on managing the tax implications of his role in the business, purchase and use of residential and investment property in the UK and elsewhere (such as appropriate property holding structures) and detailed advice on how to maximize remittance planning techniques with respect to sources of funds generated prior to and after his arrival in the UK.

Advised in the acquisition by a US technology company of software and intellectual property assets from an embedded software company in Moscow and related technology service agreements with an affiliated entity in British Virgin Islands.

Withers successfully obtained judgment against a debtor based in California on behalf of an individual lender based in the Russian Federation. The debtor, a prominent dance event organizer, failed to repay funds lent to him to further his dance business.

We act for the Ukrainian government in relation to a variety of commercial disputes.

A UK holding structure with elements of investment protection provided an effective solution for our client, a large Ukrainian consumer products and retail group.

Successful representation of two Russian private clients in a US$20 million claim against a large investment bank for debts under its private bonds and global

Successful representation of a prominent Russian businessman and officials in highly complex and interrelated committal, bankruptcy and Commercial Court proceedings.

Acting for a Russian oligarch in enforcement of English Commercial Court and Jersey Royal Court freezing orders and judgment in excess of US$40 million.

We advised a wealthy a Kazakh family and set up a wealth planning structure designed to tax efficiently fund family members residing in the UK.

Counsel to Astelit, a Ukrainian telecommunications company, controlled by Turkish GSM operator Turkcell, on a US$540 million financing - the then largest private financing in Ukraine - to expand its mobile network.

Acting for a Cypriot company with Russian connections in an arbitration claim challenging a USD$72 million London Court of International Arbitration Award

We are acting for Russian high net worth individuals in the British Virgin Islands in realtion to insolvency, liquidation and debt recovery proceedings

Acting for a Russian industrialist in defence of claim for enforcement of a US$30 million Russian default judgment and successful appeal to the Eastern Caribbean Supreme Court (ECSC) Court of Appeal and the UK Privy Council.

We are acting for the borrower in a dispute with a Russian bank relating to port terminals and other businesses involving issues of breach of contract and duty, duress and deceit.

Advised ENGlobal Corporation on the drafting and negotiating an EPC contract for the expansion of the pipeline operated by the Caspian Pipeline Consortium in Russia and Kazakhstan

We advised a prominent Russian family on establishing international private wealth holding structures in Switzerland, US, UK, Italy and Cyprus.

Advised on the purchase of a US$17 million Embraer aircraft for a Russian client, including negotiating letter of intent and purchase contract, co-ordination of valuation and inspection experts, mitigation of European VAT, International Registry issues, and financing.

Advised on the financing agreements for the refinancing of a Boeing Business Jet for an ultra-high-net-worth Russian client.

We represent a substantial Russian engineering business, recently advising on the international tax aspects of its group restructuring prior to IPO.

We are representing the BVI subsidiary of a large Russian mining company, in a dispute about a cargo of lead ingots held at the Russian port of Novorossiysk

We are advising a Russian owned Hong Kong company in a dispute over a success fee relating to the sale of shares.

We successfully represented Salim Shalabayev, a Kazakhstani citizen, on an Appeal of a Final Charging Order over his property in London.

We are coordinating litigation arising from a shareholder’s dispute in Cyprus, Anguilla and Belize on behalf of Russian shareholders in a global financial business.

Advised Timan Oil and Gas Plc on a farm out transaction in Russia including drafting and negotiating all documents for the deal

Assisted Trivon AG in undertaking the due diligence, structuring and negotiating cross-border acquisition of telecoms assets in Russia

Acted for Uranium One, a major TSX listed company with mining assets in Kazakhstan and Russia with market capitalization of CND$1 billion on a proposed dual listing on London Stock Exchange Main Market.

We advised a US engineering business on the drafting and negotiating an Engineering, Procurement and Construction (EPC) contract for the expansion of a pipeline operating in Russia and Kazakhstan.

Advised a Russian corporation in a dispute to a value of over US$150 million in relation to cancelled Credit Linked Notes

Advising a multilateral agency on its €250 million Western Balkans and Croatia Financing Framework for banks and non-banking financial institutions, including leasing companies.

We advised a multilateral agency on a US$147 million financing for a mining project in Russia.

Withers have represented a developer of a biofuels plant in St Petersburg, Russia.

We represent Russian businessman Vitaly Archangelsky in a dispute with a Russian bank in relation to a port terminal in St Petersburg.

We advised EBRD in connection with a €70 million project loan for an industrial gas facility in Russia.

We represented Astelit, a Ukrainian telecommunications company controlled by Turkish GSM operator Turkcell, on a $540 million financing (at such time the largest private financing in Ukraine) to expand its mobile network.

We advised Citibank International Plc, an affiliate of Citibank N.A., on its adherence to OPIC Framework Guarantee Facility Agreement (Global Housing II Program) between Citibank N.A., as facility agent, and Overseas Private Investment Corporation (OPIC), an agency of the United States of America. This was to enhance and expand their lending services to clients located in the OPIC priority countries including Vietnam, Bangladesh, Kenya, Tanzania, Algeria, Philippines, Armenia, Botswana, Ghana, and others.

We represented EBRD on an $87 million loan to KEGOC to expand an electricity transmission line in Kazakhstan.

We acted as counsel to IFC in connection with the financing of the acquisition by Orient Express Hotels of a 93.5% stake in St. Petersburg's historical Grand Hotel Europe. The deal marked the largest single property acquisition in Russia at that time and was the first ever acquisition financing by IFC in Russia.

We advised a main London Stock Exchange quoted Kazakh Company on issues arising in connection with a Luxembourg listed USD$200 million convertible bond issue and mandatory convertible bond.

We acted as counsel to a syndicate of banks lead-arranged by ZAO Raiffeisenbank Austria with respect to a USD$43 million secured syndicated loan facility to Alini Investment BV.

The proceeds of this loan were used for the construction and development of an office-center in central Moscow.

We acted for Progress-foreign trade firm of the Ukrainian Government in a USD$500 million export project.

In a complex international dispute involving one of the oldest multi-sectorial brands in Belarus (our client), we defended a $1.6m claim brought by a Ukrainian-owned company, relating to company officers' authority to conclude contracts.

In an LCIA arbitration concerning a high profile real estate project in Moscow, worth $160m, and involving complex issues of fraud, illegality and a combination of Russian, Kazakh and BVI law, we have taken an innovative approach to calculating the damages at stake.

We acted on behalf of the holding company and shareholders behind one of the largest conglomerates of heavy industrial companies in Russia. The company was in dispute with a bank over the basis of a loan the bank had given it. The complex legal proceedings included an LCIA arbitration in London, anti-suit injunctions and injunctions in the Netherlands.

Increasingly, we are called upon to represent corporate clients in international arbitration. For example we acted at the London Court of International Arbitration (LCIA) on behalf of a subsidiary of an Azerbaijani company that was in dispute with a conglomerate of Israeli companies over a joint venture agreement. The case related to a license to drill oil just off the coast of Israel.

Base MK is a real estate development company based in Almaty, Kazakhstan. When they approached Withers it was with views to go public on the main market of the London Stock Exchange. Withers assisted Base MK by providing the advice they required for their proposed IPO.

Faced with a bond issue on the Channel Island stock exchange, Withers advised an Ukrainian company on how to proceed and retain their financial position.

The Hyatt brand is one of the world's largest hotel franchises. With plans to establish the first 5 star hotel in Baku, Azerbaijan, Hyatt Regency requested the assistance of Withers to advise on the project. As the first of its kind in the area, Withers is proud to have helped set a precedent for future development in Baku.

Founded by the Assaubayev family and with gold mines in Aksu, Bestobe and Zholymbet, Kazakhgold Group is one of the largest gold mining companies in Kazakhstan. Withers assisted Kazakhgold Group with their partial acquisition of gold producer OJSC Polyus Gold.