Ekaterina Ivanova, counsel at Sirota & Partners and a lecturer at MGIMO, participated in a strategic session of the Federal Chamber of Advocates dedicated to the problem of parallel business. In practice, a company’s director or shareholders often misuse the company’s corporate opportunities and resources for personal gain, including creating and transferring businesses to parallel companies with affiliates. In such cases, the Supreme Court allows the shareholders of the affected company to recover damages from the director and parallel companies, including their earned profits. In her report, Ekaterina analyzed current issues in judicial practice on this category of disputes. Most often, courts reject plaintiffs’ claims if the amount of lost profits or revenue of the competing company is not proven, as well as due to problems with the evidentiary base or the expiration of the statute of limitations. Ekaterina highlighted possible ways to overcome these challenges and provided examples of successful practical cases. The presentation’s keynotes are available at the link. Details of the event are available at the link.

Artem Sirota, managing partner at Sirota & Partners, spoke as an expert at the professional forum “Time to Build”, organized by the Dispute Resolution Club. At the forum, experts shared their experience in structuring construction contracts and resolving construction disputes in international arbitration and state courts. Artem discussed the problem of “over-the-head lawsuits” in general contracting contracts in the context of multi-party arbitration proceedings. In his presentation, Artem addressed the issue of whether a contractor can file a claim directly against the construction owner, bypassing the general contractor, whether it is possible to jointly recover payment for work from the owner and general contractor, what evidence is required to do so, and what approaches are emerging in practice. Information about the forum is available at this link.

We are pleased to announce the results of the annual Kommersant’s rating. Sirota & Partners is traditionally ranked in Band 1 in its core practice – real estate and construction. Managing partner Artem Sirota is also individually ranked among the most reputable legal consultants of industry leaders. We thank our clients for their trust and our team for their in-depth work on the most complex projects. Rating results are available at the following link.