News

“Muranov, Chernyakov and Partners” Law Firm wins the British Corporate INTL Magazine Award

“Muranov, Chernyakov and Partners” has won the “The Best Russian Legal Firm”, British Corporate INTL Magazine Award, in dispute resolution sphere of practice.

The award recognizes the Firm’s progress in dispute resolution practice, increased client offering and continual strength of client services.

Corporate INTL Magazine is a reputable monthly informing the reader of the industry events and providing them with the market reviews prepared by experts in domestic and international business. The number of readers of the paper and online version of the magazine per month approximates 70,000 people. The Corporate INTL Magazine readers are the managers of legal and consulting firms, enterprises and business associations.

The panel of judges comprised of the leading world experts, the most authoritative representatives of the international legal market, chooses among hundreds of contenders the best of the best in legal profession.

On 26 January 2010 Nikolay Stepanov speaks at “Some Aspects of Land Tenure Regulation” Conference

25-26 February 2010 organized by Oil Expert, was hosted in Moscow today, where Nikolay Stepanov, Partner of “Muranov, Chernyakov and Partners” gave presentation as a guest speaker.

The Conference agenda was devoted to elaboration of Federal Law “About the alterations and supplements to Land Code of the Russian Federation, “Minerals and Mining” Law and other Federal Laws”. The Conference was supported by The Council of Federation on Natural Resources and Environmental Protection” and Rossotrudnechestvo.

The conference brought together: Chairman of Council of Federation Committee on Natural Resources and Environmental Protection, Victor Orlov; Deputy Director of the State Mining and Geology Department of the Ministry of Natural Resources and Ecology of the Russian Federation, Darya Vasilevskaya; the Head of Land Litigation Sector of Land and Property Relations Department of Ministry of Economic Development of Russian Federation, Mikhail Bochkarev; Partner of “Muranov, Chernyakov and Partners” and others.

The presentations given by speakers covered a number of views on land tenure regulation in development of virgin and long-fallow lands in Russia, some problems of allocation of lands to geologists, exploration and mining geology and experience of land allocation to land tenure in CIS countries and abroad.

The laureates of the highest legal award “Themis” for 2009 have been named. A solemn award ceremony took place on February 13, 2010 in Novaya Opera Moscow theatre.

Each year representatives of legal profession, public figures and statespersons, people of art, journalists gather at the “Themis” award ceremony to name the persons setting the benchmark of professionalism in their respective spheres.

At the solemn ceremony of the highest legal award “Themis” delivery, hosted by “Novaya Opera” Moscow theatre on February 13, 2010, the highest distinction was conferred on the Public Prosecutor of the city of Moscow Yury Semin in “the Public Prosecutor” nomination, and on the Moscow University of the Ministry of Interior (MVD) in “the Alma Mater” nomination. A prize in the “Special Services” nomination was bestowed on the Head of the MVD Anti-Corruption Department, Police Colonel Alexey Novgorodov. The winner of “the Notariat” nomination was named the Notary Public of Moscow Svetlana Nikiforova. The prize in “the Law and Economy” nomination went to Rushan Khvesiuk, Member of the Board of Directors of Alfa Bank. Viacheslav Lebedev, the Chairman of the Supreme Court of the Russian Federation, handed the bronze statue of the goddess of justice to the judge of the European Court of Human Rights Anatoly Kovler (“Russia and Europe” nomination). The winner of “the International Cooperation” nomination was announced Stanko Bejatovic (Serbia). The highest distinction was also conferred on the administrative assistant of the RF President State Legal Department Oleg Tarasov (“Public Service” nomination), on the employee of the independent non-profit organization “YURIKS” Anita Soboleva (“Human rights activist” nomination), and, as deservedly as can only be, on the famous Russian scientist, professor Sergey Kapitsa (“Devotion to “Themis” principles” nomination).

The legal department of Ingosstrakh (“Legal Service” nomination) and PricewaterhouseCoopers Audit (“Audit” nomination) have also been on the list of awardees that night.

The Managing Partner of Muranov, Chernyakov and Partners law firm, Professor of the Department of Private International and Civil Law of the Moscow State Institute of International Relations (University) of the Russian Ministry of Foreign Affairs, Mr. Alexander Muranov was named the winner in “the Bar” nomination.

“It is not just a personal achievement, it is a joint victory of Muranov, Chernyakov and Partners law firm. It would be impossible to achieve such serious results without support, belief and exceptional professionalism of my partners, fellow lawyers and other employees of the law firm”, said Mr. Alexander Muranov. “I would also like to thank my family for support. Apart from that, I cannot but mention the Federal Chamber of Lawyers of the Russian Federation and the Moscow Chamber of Attorneys contribution making it possible to draw attention of the Russian lawyers, attorneys, society, business and state, as well as attention of the international and foreign organizations and lawyers to the legal consequences of Russia’s accession to the WTO, to the urgent issue of setting qualification requirements for persons rendering paid legal services, to the issues of legal business as a whole”, added Mr. Alexander Muranov.

Over fourteen years the “Themis” award has gone beyond the bounds of a dedicated professional arrangement and has become a significant event for the whole society: it not only reveals a creative nature of the lawyers’ professional activity, but also draws the public attention to the ideals of democracy and values of a rule-of-law state.

Global Arbitration Review (GAR), the world’s leading arbitration law journal, published an article “Russia. Stena RoRo case can be momentous for public policy argument”, written by Alexander Muranov and Dmitry Davydenko..

Article in Adobe Acrobat PDF format (2.6 MB)

Russia’s highest court has been making noteworthy statements about foreign arbitral awards by Alexander Muranov, managing partner and Dmitry Davydenko, lawyer of “Muranov, Chernyakov and Partners”.

The premier strategic finance magazine “The Corporate INTL” has published an article “Advancing Arbitration in Russia”. Partners of “Muranov, Chernyakov and Partners” are the main contributors to an article.

Article in Adobe Acrobat PDF format (6.5 MB)

“Muranov, Chernyakov and Partners” Law Firm has joined the International Chamber of Commerce

On January 18, 2010 the «Muranov, Chernyakov and Partners” Law Firm specialists joined the experts of ICC - the World Business Organization. The firm’s entering the ICC expert community will enable the firm specialists to participate in drafting of the basic documents and standards in the course of operations of the Arbitration Committee, Commission on Commercial Law and other ICC and ICC Russia Commissions.

“Muranov, Chernyakov and Partners” Law Firm has joined the American Chamber of Commerce in Russia

In January 2010 the “Muranov, Chernyakov and Partners” Law Firm specialists joined the American Chamber of Commerce in Russia

Since its establishment in 1994, the American Chamber of Commerce in Russia has been one of the largest and influential business organizations in our country.

The Chamber’s mission is to develop the trade relations between the Russian Federation and the international community, in particular, to promote the interests of the American companies operating in the Russian market as well as to contribute to a closer cooperation between the US and Russian companies in various spheres of economy.

Over 500 members of the Chamber include the leading Russian enterprises as well as the foreign companies working in the Russian market.

The first and foremost reason for “Muranov, Chernyakov and Partners” Law Firm’s striving to enter the American Chamber of Commerce was a great possibility of a dialogue and exchange between the AmCham community members.

“Muranov, Chernyakov and Partners” Law Firm has joined the Association of European Businesses in the Russian Federation (AEB)

In December 2010 the “Muranov, Chernyakov and Partners” Law Firm specialists continued the dialogue with the European business elite. The Firm has entered the Association of European Businesses in the Russian Federation (AEB).

The Association of European Businesses was established in 1995 under the Representative Office of the European Union. AEB represents and supports represents and promotes the interests of European companies conducting business in and with the Russian AEB contributing to the further development of the economic cooperation between Russia and EC countries as well.

Having entered the Association of European Businesses, the Firm specialists may now be engaged in a dialogue with the top-management of the largest international business companies and jointly promote the business interests.

On June 23-24 the Fourth Forum of CIS countries’ law firms was held in Kiev which was dedicated to a wide range of problems, with the special emphasis laid on the economic crisis and the ways of coping with its consequences.

Representatives of the leading law firms took part in the forum: Dmitry Afanasiev “Egorov, Puginsky, Afanasiev and partners”, Andrey Goltsblat “Goltsblat BLP”, Albert Evganian “Vegas-Lex”, Alexander Muranov “Muranov, Chernyakov and Partners”, Andrey Dontsov “Clifford Chance CIS Limited” and others. The forum participants addressed the following issues: what lessons the crisis taught and how it is possible in this situation to take clients’ wishes into consideration and develop law practices to the fullest extent, what measures should be taken by law firms to help their clients through difficult times; in what way the new economic reality changed the clients’ interrelationship. The law firms’ actions aimed at preserving and strengthening of their positions on the market and the maximum usage of opportunities arisen due to the crisis influence were also discussed.

Suspension of Russia’s negotiations on joining the WTO and the legal services sector

As it is known, on June 17, 2009, the delegations of Russia, Belorussia and Kazakhstan, acting within the framework of their Customs Union, informed the WTO of suspension of the individual negotiations on joining the said organization in oral form.

This does not imply that Russia abandons its membership in the WTO. There is no doubt that the negotiations will go on. Russia tried to negotiate, as it follows from its authorities’ statement, that the WTO percept Russia, Belorussia and Kazakhstan composing the Customs Union as a sole negotiating party. But representatives of the USA and the other members of the WTO did not agree to admit the Customs Union to the said organization calling this step “impracticable”. The position of Russia is “unprecedented” and only delays the negotiations, said Genry Lock, the Trade Minister of the USA. Eventually, Russia had to change its point of view. The President of Russia Dmitry Medvedev declared that for the RF it would be simpler and more realistic to join the WTO individually, without the Customs Union participation, adding that conditions of the RF’s joining the WTO would be agreed with the other representatives of the Customs Union – Belorussia and Kazakhstan.

From 1999 to 2004, the Russian delegation discussing the project of commitments under the General Agreement on Trade in Services (one of the major agreements of the WTO), being pressed by the US and EU, made absolutely unreasonable concessions which will have negative consequences for the Russian society, economy and state in general.

The lawyers of Muranov, Chernyakov and Partners Law Firm reviewed the RF’s commitments to the WTO regarding the legal services industry and found those commitments to be at a very low level of quality from the legal perspective. If the quality of the RF’s commitments in respect of other professional services industries and goods are on the same level from the legal point of view, the results of the negotiations will be not only deplorable but also dangerous.

It should be noted that suspension of the Russian individual negotiations on joining the WTO took place immediately after the BRIC countries summit in Yekaterinburg.

As it is known, during the negotiations with Russia the positions of Brazil, India and China, which pay much attention to development of the legal services national sector and do not want to depend on the foreign suppliers, were completely ignored. It should be noted that fast-developing Brazil and India did not take any commitments to the WTO in respect of the legal services sector: they understand that to be able to succeed in global competition environment it is very important to ensure development of the national legal system. Under pressure from certain member-countries, China had to take such disadvantageous commitments but with serious limitations. On this background the Russia’s position looks a losing one: it proved to be the only BRIC country demonstrating total indifference to the legal services sector. The example of the excessive commitments to the WTO taken by some of the former USSR republics is a clear evidence of the negative consequences which an unreasonable position may give rise to.

Accordingly, during the new round of negotiations on Russia’s joining the WTO, the commitments being at high level of legal quality and taking consideration of the Russian society, economy and state interests should be striven for. This issue is particularly relevant in the context of the economic crisis.

Development Concept for Moscow as Financial Center and Importance of Legal Services

On 19 May 2009, the Moscow Government adopted the Ruling No. 445-ÏÏ “On Development Concept for Moscow as National and International financial Services Center”. The purpose of this concept is to turn the capital into a large Euro-Asian and further into the world’s financial center. This move will contribute to the whole country’s economic development and will ensure Russia’s leading position on global capital and financial services markets.

It is important that the Concept is the first document of such a high level where the state body touches upon the issues connected with the role of legal services sector as one of the most important part of infrastructure necessary for the successful functioning of national and international financial center. The following moments are reflected by the document:

High rates of economic development of Moscow are accompanied by creation of the legal infrastructure unique both for Russian and CIS countries which is formed by the leading Russian and international law firms and other institutions;

Necessity of providing conditions to form and rationally establish financial centers providing the corresponding services in Moscow, including legal support;

Priorities in the area of education include creation of conditions and motivation for the development of legal education system of international level;

Necessity to create first call services, including the legal one, for the foreign citizens living in Moscow.

Alexander Muranov, Managing Partner of Muranov, Chernyakov and Partners Law Firm, is a member of the Moscow Government Advisory Council, which has been created to develop the concept. Attorneys of the firm proposed a number of amendments to the original text of the Concept, which was adopted by the Moscow Government and became part of the document’s final edition.

At the beginning of July the site dedicated to International Bar Association (IBA) instruments was created under the assistance of Muranov, Chernyakov and Partners law firm. Materials located at the site touch upon various issues of the lawyers’ activity and other persons in the following fields: legal practice and its forms, trade in legal services, rule of law, issues of the lawyer’s professional ethics, human rights, international business, independence of the judiciary.

Information contained at the instruments of International Bar Association has a great value for the Russian legal profession. First of all it informs Russian lawyers on the opinion of the organization acting on behalf of international legal profession members’ majority. Secondly this information provides orienting points for everyday legal practice.

This site is addressed to lawyers who care for the future of their activity sphere and to those who are ready to develop themselves and to raise the profession prestige in the Russian society and at the international level.

The site is based on the edition “IBA – INTERNATIONAL BAR ASSOCIATION: Resolutions, principles, standards, statements and other instruments” / Compiled and edited by: A. I. Muranov. – M.: ID “Legal Business”, 2008 – 264 pages).

Dmitry Davydenko, a lawyer at Muranov, Chernyakov and Partners, took part in the international research project in the sphere of international commercial arbitration together with Dr. Eugenia Kurzynsky-Singer the senior research fellow of the leading scientific centre in the field of international private law in Europe ─ Max Planck Institute for Comparative and International Private Law (Hamburg, Germany). The subject of the comparative-legal research was the use of the public policy clause when enforcing the judgments of the international commercial arbitration courts by the Russian and German courts. To perform this research Dmitry Davydenko was given a proper grant by that Institute. According to the research results certain materials were prepared to be published in the Russian, German and American journals specializing in the international private law and international commercial arbitration fields.

Concept project on improving the section “Private international law” of the Civil Code of the Russian Federation

The Russian Federation Presidential council for codification and improvement of the civil legislation recommended to publish the project called “The Concept of improving the section VI of the Civil Code of the Russian Federation known as Private International Law” (minutes as of 13th May 2009) for further discussions. This project represents the part of the sole Concept of the Russian Federation civil legislation development, drawn out in accordance with the Presidential decree as of 18th July 2008 No. 1108 “On improving the Civil Code of the Russian Federation”.

The Concept project is prepared by the working group, which is composed of I.S. Zykin (group leader), A.V. Asoskov, A.N. Zhiltsov, V.A. Zhukov, V.P. Zvekov, A.S. Komarov, A.L. Makovsky, N.I. Marysheva, A.I. Muranov, M.G. Rosenberg.

You can find the full text of the concept project at the “Portal of Russian private law” (www.privlaw.ru).

New partners of the Attorneys’ Collegium “Muranov, Chernyakov and Partners”

Attorneys Anton Malginov and Dmitry Chernyy have been appointed new partners of the Collegium. This appointment is the result of long-standing successful work of both attorneys, who lead an extensive practice on corporate issues, Russian and international transactions, client representation in commercial litigation, in particular in cases involving foreign persons.

Attorneys’ Collegium “Muranov, Chernyakov and Partners” is actively developing and appointment of two new partners evidences it. In recent years both partners have been working with the leading Russian and foreign companies, and their experience will be of advantage to clients and will contribute to the Collegium’s further development.

Anton Malginov graduated from the International Law Faculty (Department of Public International Law), Moscow State Institute of International Relations (MGIMO University) of the Russian Ministry of Foreign Affairs in 2002. Fluent in English, French and Swedish.

Dmitry Chernyy graduated from the Faculty of History, Political Studies and Law, Russian State Humanitarian University in 2002. Fluent in English.

Publication of the collection “From experience of Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation. 1987—2005” of the “Statute” publishing house

A new book “From the Practical Experience of Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation. 1987—2005” of the “Statute” publishing house came out. The collection contains the most pertinent awards of the Maritime Arbitration Commission for the period of 1987—2005 on disputes connected with cargo transportation, chartering of vessels, maritime insurance, rescue missions and vessel collision at sea, agency, surveyor and other services at harbors, repair of vessels, vessel management, implementation of businesses and various legal relations, which arise in the field of commercial navigation. The book consists of several sections, whose authors are famous specialists in the field of maritime law (I.I.Barinov, O.V. Kulistikov, A.I. Loboda, M.Yu. Sokolov, D.B. Filimonov). Sections “Towage”, “Maritime agency service and maritime mediation” are compiled by the managing partner of the attorneys’ collegium “Muranov, Chernyakov and Partners” A. I. Muranov.

The usage and interpretation of the legal rules in the experience of the Maritime Arbitration Commission at the Chamber of Commerce and Industry of the Russian Federation are of significant interest for everyone, who is connected with the field of commercial navigation: shipping companies, harbors and their services, foreign trade, agent, broker, insurance and other organizations, and for all those, who engage in the matters of this field of law.

On 20th January 2009 the Presidium of the High Arbitrazh Court of the Russian Federation in the exercise of its supervisory powers considered cases on the recognition and enforcement of two awards of the London Court of International Arbitration (LCIA) rendered on disputes which have arisen out of loan agreements on recovery of the debt equal to 10 million US dollars by CJSC GlobalTel (a subsidiary of OJSC Rostelecom) in favor of Loral Space & Communications Holdings Corporation (USA). The courts had been considering these cases (No. A40-31732/07-30-319 and No. A40-31695/07-13-318) for almost two years and had been refusing to enforce the awards. The Presidium of the High Arbitrazh Court of the Russian Federation repealed acts of the lower courts and issued the following decree: to enforce both awards. From the very beginning the interests of the awards creditor in the Russian courts were represented by lawyers of the attorneys` collegium “Muranov, Chernyakov and Partners”.

The debtor made more than fifteen various arguments while trying to dodge the execution of the LCIA awards. The trial court admitted all of them as inconsistent, except for the argument on inappropriate notification of the respondent. The London Court of International Arbitration informed the parties of the hearing date more than two months beforehand, and then one month beforehand it informed them of the particular address in London, of the place where it would be held, and of the time of the hearing. The trial court regarded such a notification as inappropriate and stated that only the notification where the date, the particular address and time of the hearing are indicated can be regarded as appropriate. The cassation instance arbitrazh court didn`t agree with such a conclusion and presented a case for a new consideration. Upon the new consideration the trial court made the same conclusion as upon the first one, and this time the cassation instance arbitrazh court agreed with it without explaining the reasons of changing its opinion. The Presidium of the High Arbitrazh Court of the Russian Federation admitted such notification of the defendant as inappropriate.

Cases on enforcement of international commercial arbitration awards outside Russia arise quite seldom in the legal practice, and court decisions on them are very important for legal practice formation and for the development of arbitration of international commercial disputes with the participation of Russian parties. The fact, that one finally managed to carry his point on the appropriate notification by the Arbitration, and that the Presidium of the High Arbitrazh Court of the Russian Federation confirmed its propriety, will help prevent further mistakes of Russian courts and facilitate the development of court system in Russia.

At the beginning of December the collection of International Bar Association (IBA) documents came out. This is the first publication in Russia, dedicated to this authoritative international organization. This project was implemented due to joint efforts of IBA, the attorneys` collegium “Muranov, Chernyakov and Partners” (Moscow), the Institute of Private International and Comparative Law (Moscow), the consulting company Legal Studies.RU, the Association of Russian Lawyers, the Federal Chamber of Attorneys of the Russian Federation, the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia.

32 International Bar Association documents, informing of the results of this organization`s activity, with regard to those fields, which are of interest for lawyers and members of international business and other relations, are included in the collection. Those fields are as follows:

legal practice and its forms;

trade in legal services;

rule of law;

issues of professional lawyers¡¯ ethics;

human rights;

international business;

independence of courts;

The publication is directed at the integration of Russian lawyers to the international bar, at their understanding of those processes, which take place at the international level.

At the 6th All-Russian trademarks contest “Zolotnik” the logo of the attorneys` collegium “Muranov, Chernyakov and partners” took the first place for Moscow region and the second place for Russia. The solemn ceremony and the awarding took place on 3rd December on the stage of GITIS. The victory in such a prestige contest is an important stage for the development of our brand.

New Office of the attorneys` collegium “Muranov, Chernyakov and partners”

In October 2008 the attorneys` collegium “Muranov, Chernyakov and partners” moved to its own office, located at the historical center of Moscow at: Denisovsky lane, bld. 6.

The three-storey building with the square of more than 900 square meters with comfortable premises and rooms for lawyers, attorneys and the personnel is furnished with state-of-the-art equipment.

The President of the attorneys` collegiums “Muranov, Chernyakov and partners” A.I. Muranov when commenting the cheerful news said the following: “I would like to congratulate all the members of our collegium with their new “home”. The removal is an important event itself, and in this case the new office is a deserving landmark in more than six-year history of the collegium`s development. Successful business development, constant growth of employees and concern for the good of our clients systematically led to it. We are glad that now we can receive our clients and friends of the collegium in a new office”.