A corporate dispute is a dispute arising from creation, management, or participation in a legal entity (art. 225.1 APC RF). The legal entity in dispute can be commercial, non-profit or an entire union of commercial entities. Such disputes are resolved by arbitration courts, but many can be resolved in arbitration tribunals.
The list of disputes considered corporate is not limited by law. The law simply provides criteria for disputes to be considered as corporate.
However, pushing off of court rulings and personal experience, we’ve defined groups of most common corporate disputes. Our attorneys can offer professional help in the following fields:
Help in recovering corporate control:
Disputing transactions concerning stocks/shares;
Disputing the decisions of corporate management bodies;
Recovery of stocks/shares from unlawful possession of third parties;
Declaration of title on stocks/shares;
Recovery of shareholders register entries;
Compensation of losses caused by improper maintenance of shareholders registers;
Protection from hostile takeovers;
Protection from corporate blackmail (greenmail);
Other measures aimed at recovering the rights to participation in a legal entity;
Transactions with third party interest;
Other transactions which require approval from corporate management bodies.
Disputing decisions ruled by corporate management bodies:
Decisions ruled by general shareholder meetings;
Decisions ruled by the board of directors;
Enforcement of action aimed at protecting the rights of shareholders;
Disputes with a specialized registrar in charge of maintaining the register of shareholders.
Compensation of losses caused by:
Obligatory directions of the main entity to subsidiary enterprises;
Transactions with third parties;
Unlawful actions of corporate management bodies;
Disputes arising from reorganization or abolition of a legal entity;
Disputes arising from shareholders exiting legal entities.
Resolution of disputes arising from stocks/shares;
Disputing refusal of registering an emission of stocks/shares;
Disputing transactions arising from stock floatation;
Disputes arising from hostile takeover attempts;
Other corporate disputes.
Corporate disputes are rich with nuances such as special requirements for claims, different procedures for dispute resolution, interim measures etc. Such cases require careful planning and execution.
Our attorneys can help define whether a dispute can really be considered corporate. We can also prepare all the necessary documents and represent our client’s interests in court.