Litigation and Arbitration Practice
Today litigation can threaten the existence and development of any business. FjM International Solicitors & Lawyers has an extensive experience in legal representation and solution of complex issues of our clients both with the help of our attorneys and lawyers and with involvement of external, single-skilled advisers, experts and specialists.
We work in different jurisdictions, represent clients in arbitration courts of all instances, courts of general jurisdiction and specialized courts, such as Intellectual Property Court, highest courts, such as Supreme Arbitration Court, Supreme Court and Constitutional Court.
Our attorneys and patent attorneys have the appropriate licenses and certificates to act as a representative, a defence lawyer before courts and administrative bodies in Russia, UK and other jurisdictions.
FjM partners have licenses for representation and relevant qualifications to participate in litigations in various world jurisdictions.
We also represent clients in administrative processes before the Federal Antimonopoly Service, Federal Customs Service, Chamber of Patent Disputes of Rospatent and in relations with controlling and law enforcement agencies.
We effectively cooperate with Bailiff Department for quick execution of judgements.
Our attorneys, lawyers and patent attorneys have experience in various fields, including IT, finance, banking, energetics, manufacturing, pharmaceuticals, engineering, telecommunications, show business and design.
Our services include:
1. Out-of-court settlement
2. Evaluation of lawsuites\u2019 prospects
3. Litigation support in all instances
4. Settlement of corporate disputes
5. Settlement of disputes on the protection of intellectual property rights
6. Representation of interests in the Federal Antimonopoly Service, Federal Customs Service and Chamber for Patent Disputes
7. Preparation of opinion on a lawsuit, conclusions on patent infringement, expert assessment
In what situations is a pre-trial settlement of disputes possible?
If the parties agreed by concluding an agreement on a mandatory out-of-court peaceful settlement of the dispute.
In some situations, regardless of the will of the parties, the pre-action procedure dispute resolution is statutorily required. For example, when claiming for debt recovery, unjust enrichment, forfeit penalty, rescission of contract, demolition of unauthorized construction and number of other cases the Arbitration Court will return the statement of claim if the pre-action procedure was not duly maintained.
Preservation of partnership and possibility of further cooperation between the parties, cost cutout and the quickest resolution of the disputed situation are the obvious advantages of out-of-court conflict settlement.
Where to start a court application?
If your rights are or may be violated and the negotiations of peaceful settlement of the disputed situation did not lead to any result acceptable to the parties.
What is the length of judicial proceedings?
Depending on the category and complexity of the case, parties to the proceedings, and court list of the particular court.
For example, if one of the parties to the proceedings is a foreign person, the length of the period of case examination is extended, but not more than 6 months to notify the party about the lawsuit assignment.
The judgement can be made at the first hearing and may be postponed several times, for example, when presenting new evidence, appointing expertise, petitions of the parties, etc.
In what situations is it possible and necessary to challenge a court judgment?
It is possible to appeal of the court judgement by filing an appeal or cassation appeal, if the party does not agree with the judgment and is ready to prove its incorrectness and insolvency.
What does the administrative procedure of dispute consideration mean?
An appeal to the executive authorities to settle disputes between organizations or other subjects.
The administrative procedure of dispute consideration is established by the relevant executive authorities.
For example, the Federal Antimonopoly Service considers disputes on unfair competition, while the Chamber for Patent Disputes of the Federal Service for Intellectual Property considers disputes on such objects of patent law as inventions and trademarks.
What should be prepared for the litigation?
Evidence supporting party"s position.
Depending on the type of dispute such proofs may be contracts, letters, accounting documents, acts, reports, marketing materials, documents confirming the rights to certain objects, conclusions, extracts and other documents, as well as, regardless of the type of dispute, - power of attorney for a representative, constituent documents.
In what cases is expertise during litigation required?
In arbitration and civil proceedings to clarify the issues arising during the examination of the case requiring special knowledge in various fields of science, technology, art, etc., the court shall appoint an expert examination upon the request for relief of the person participating in the case or with the consent of the persons participating in the case.
In criminal proceedings depending on the nature of the case and necessity the investigator, within the criminal proceedings, issues a resolution on expert examination.
In what cases is it possible and necessary to ask for advocacy?
An attorney can represent the interests of any persons participating in the case.
In criminal proceedings only an attorney is allowed as a defender of suspected or accused persons.
An attorney has the right to send the FOIA request (certificates, documents, characteristics, extracts, etc.) to state bodies, public and other organizations necessary for the provision of qualified legal assistance by the attorney and these bodies are obliged to reply to such request in writing within 30 days.
Representatives in the civil procedure may be any capable persons having duly executed powers to conduct business, including a lawyer, attorney or other legal representative.
The arbitration process does not provide for the obligatory participation of an attorney on purpose. The choice of representative is the exclusive prerogative of the parties.
How can we help you?
FjM lawyers and attorneys advise on the matters related to legal analysis and assessment of disputable situations, develop a conflict resolution strategy, participate in negotiations, prepare letters of complaint, settlement agreements, prepare responses to claims and cases for litigation, including preparation of a statement of claim, collection and provision of evidence, response to a lawsuit, representation in all judicial instances, preparation of objections, appeals and expert opinions.