+7 499 460-64-27 RU

PRACTICE / 02

Commercial and corporate disputes

We litigate for companies and entrepreneurs in Russia’s commercial courts — known as arbitrazh courts, the state courts for business disputes: debt recovery, contract conflicts, shareholder disagreements. We start with an honest assessment — sometimes the right advice is to settle, not sue.

Call: +7 499 460-64-27
Handled by
Attorneys of the bar
Instances
First instance, appeal, cassation
Format
From claim letter to enforcement

Before going to court we try negotiation and formal claim letters — faster and cheaper than litigation. If the dispute does go to court, every assertion in our position is backed by evidence.

What we do

  • Recover debts under supply, construction, loan and lease contracts.
  • Handle pre-trial settlement of corporate conflicts.
  • Represent clients in commercial courts at first instance, on appeal and in cassation.
  • Support reorganisations and corporate procedures.
  • Seek review of judgments.
  • Provide legal analysis of contracts and documents.

Typical situations

  • A counterparty is not paying, and some delivery documents are unsigned.
  • Business partners disagree over the value of shared assets.
  • The customer accepted the work but refuses to sign the acts.
  • You need to know whether going to court is worth it at all.

HOW THE WORK IS BUILT

How the work is built

Assessing the prospects

We study the documents and say plainly which claims are realistic and which are not.

3–5 days

Pre-trial stage

Claim letter, negotiations, preservation of evidence.

2–4 weeks

Trial

Statement of claim, interim measures, representation at hearings.

per the court’s schedule

Enforcement

Writ of execution, bailiffs, control over payments.

until the result

WHO HANDLES IT

Attorneys in this practice

Kristina Tsypkalo — Attorney, partner. Kovalev, Malyutov, Tsypkalo & Partners

Kristina Tsypkalo

Attorney, partner

Kovalev, Malyutov, Tsypkalo & Partners

In the profession since 2011, called to the bar in 2019. Civil, commercial and corporate disputes, criminal defence, real estate, business support, insolvency.

Civil disputesCommercial and corporate disputesCriminal defenceReal estateBusiness supportInsolvency

More about their experience
Education
Graduated in 2011 from the Odessa National Law Academy (law degree). In 2017 completed a master’s programme at the Crimean Law Institute, a branch of the Academy of the Prosecutor General’s Office of the Russian Federation.
Practice
Working in the profession since 2011, including more than ten years in courts of general jurisdiction and commercial (arbitrazh) courts of first instance and appeal, among other roles as a judge’s assistant. Called to the bar in 2019.
Focus
Representing individuals in civil matters; extensive experience of commercial and corporate disputes, real-estate transactions, ongoing legal support of businesses and insolvency cases.
Dmitry Malyutov — Chairman of the Bar Association, attorney. Kovalev, Malyutov, Tsypkalo & Partners

Dmitry Malyutov

Chairman of the Bar Association, attorney

Kovalev, Malyutov, Tsypkalo & Partners

Attorney since 2009, chairman of the bar association since 2019. Criminal and commercial litigation, personal and corporate insolvency.

Criminal lawCommercial disputesPersonal bankruptcyCorporate insolvency

More about their experience
Education
Graduated from the Moscow State University of Economics, Statistics and Informatics (MESI) with a degree in Law. Completed professional retraining at the Plekhanov Russian University of Economics under the unified insolvency-practitioner programme (crisis management). Postgraduate student at the Moscow Innovation University.
Practice
A practising attorney since 2009, specialising in criminal and commercial law and in personal and corporate insolvency cases.
At the bar association
Chairman of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association since 2019.

RESULTS

Cases in this practice

Commercial disputes2021–2022

2million ₽ of principal debt recovered

Recovering a supply debt with unsigned delivery documents

Many of the supplier’s delivery documents lacked the buyer’s signature. Attorney Elizbar Margiev proved the deliveries through sales and purchase ledgers obtained from the tax authority — the debt was recovered in two commercial court cases.

Case study

Cases No. А40-152926/2021, No. А11-11793/2021Commercial courts of Moscow and the Vladimir Region

The result in one case neither guarantees nor implies a similar result in another.

QUESTIONS

Frequently asked questions

The paperwork has gaps. Is there any hope?

The Commercial Procedure Code (Articles 64 and 89) does not limit the means of proof. In our practice a supply debt was recovered despite unsigned transfer documents — the deliveries were proved by sales and purchase ledgers obtained from the tax authority.

How long does a commercial dispute take?

First instance usually takes several months; appeal and cassation add more. Anything more precise can only be said about a specific case, after reviewing the documents.

Is a claim letter mandatory before suing?

For monetary claims under contracts, yes: as a general rule the claim may be filed 30 days after the letter is sent, unless the contract sets a different period. Skipping this step means the claim is returned and time is lost.

Who pays for the lawyers if we win?

Court costs, including reasonable representation fees, are recovered from the losing party. We prepare the supporting documents from the very start of the engagement.

NEXT STEP

Let’s discuss your situation

The consultation is free when an agreement is signed: that is where we say whether the case has prospects and how the work would be built.

Call: +7 499 460-64-27