Rustam is a Moscow-based Partner specializing in Dispute Resolution, White Collar Crime Defence and Compliance. He has a great deal of experience in acting for both Russian and foreign clients, financial institutions and large corporations, in relation to complex investigations, litigation and enforcement proceedings, representing clients in arbitration and general jurisdiction courts, as well as in disputes with regulators.
In particular, his areas of specialization include Commercial Disputes; Real Estate Disputes; Corporate / Shareholders Disputes; Construction & Engineering Disputes; Banking Disputes; Insurance / Reinsurance; Bankruptcy Disputes.
Rustam Kurmaev is one of the strongest trial lawyers in the marketplace acting successfully for clients with respect to white-collar crimes and supporting businesses in disputes with government authorities, including law enforcement agencies, he is also particularly well-known for his compliance-related expertise.
Chambers Global 2014 has recommended Rustam as one of the best lawyers in 2014: “Rustam Kurmaev focuses on representing clients in banking, finance and land-related litigation. He is said to be "proactive and flexible in giving very clear and precise information."
The Legal 500 EMEA 2014 has also recommended Rustam Kurmaev for Dispute Resolution.
Rustam Kurmaev was selected by peers for inclusion in The Best Lawyers in Russia 2012-2014 in the field of Litigation.
Some recent projects conducted under the guidance of Rustam Kurmaev:
- Won a dispute in favour of Caterpillar NI (formerly FG Wilson) to include its claims on the ADD Group creditors’ register under an English law guarantee.
- Represented Brunswick Rail Leasing in its dispute with Mechel over the termination of a wagon lease agreement and recovery of USD 21 m debt. The numerous court and arbitration cases around this dispute were settled on terms favourable to our client.
- Represented a listed Turkish developer in a number of cases relating to a lawsuit filed by a bad faith contractor for debt recovery. The legal position we developed together with a cross action not only resulted in withdrawal of the claim by our opponents but also allowed substantial penalties to be recovered from them in favour of our client.
- Advised ING Bank in a USD 36 million international commercial arbitration claim against the RTM Group. The complexity of the case involved combining into a single set of proceedings claims against the borrower and against a dozen of its guarantors in the absence of their consent to be involved as parties to one case.
- Successfully represented Panasonic Russia in a dispute with a former landlord that illegally withheld property after expiry of the lease. Our application to the Department for Economic Security of the Ministry of the Interior resulted in a criminal case being brought against the management of the landlord and the return of the property.
- Successfully acted for a major global furniture and household goods retailer during an audit by the Moscow Region Prosecutor’s Office seeking evidence of intellectual property law violations and protected the interests of senior management during the investigation into the alleged offence. Our actions ensured that no criminal case was initiated against the company or its management.
- Acted for automotive sector clients in a number of criminal cases relating to fraud committed against them by dealership managers.
- Defended TV channel 2x2 against accusations brought by the Prosecutor’s Office of promoting extremism by broadcasting the cartoon film, “South Park”.
- Comprehensive support to Covidien and the management of their Russian unit in liaising with law enforcement authorities, including protection in law enforcement investigations.
- Acted for Matra Petroleum in a series of corporate disputes over the rights to stakes in a Russian oil-extraction company.
- Acted for Volkswagen Group Rus in a series of disputes relating to termination of dealership agreements, debt recovery and seizure of over 120 luxury vehicles.
- Acted for Gillette in a series of disputes for recovery of the cost of freight lost during general cargo shipment from China to the UK.
- Acted for Swedwood (IKEA) in litigations over a contractor’s inappropriate performance under a contractor agreement to build a plant and collection of monies under the bank guarantee issued to secure return of a prepayment.
- Owner of a retail and office centre in the Moscow Region - Acted for participants in the company in a number of disputes relating to unlawful actions on the part of the General Director in selling the only valuable asset to affiliated structures. As a result of our actions to have a criminal case initiated against the former General Director and to have operational search actions conducted to prove the affiliation between the former General Director and the buyers, we were able to prove in the arbitration court that the transaction withdrawing the asset was invalid on the basis of articles 10 (abuse of rights) and 168 of the RF Criminal Code and articles 44 and 45 of the Federal Law “On Limited Liability Companies”.
- A major Russian manufacturer of software for the Russian oil extraction industry - Settled a complex corporate dispute between several participants holding participatory interests in different legal entities on the most favourable terms for the client. Used the mechanism of arbitrary transactions for risk securitisation.
- A major Russian publisher and distributor of multimedia software, computer games, teaching programs and video output in Russia and the CIS - A combination of a multitude of pre-investigation checks in Russia and Cyprus proved an effective tool for obliging the other side to conclude an agreement with the client on buying up the block of shares belonging thereto.
- A major Russian film company, TV distributor and independent film distributor - Acted for the owners of the business in a corporate conflict with the former management. Represented their interests in disputes for recovering losses from the company’s management and acted for them in a criminal case against the former management in connection with multiple abuses of power thereby.
- Acted successfully for a major construction investment company in a case relating to a suit brought against the Moscow Government for recovery of RUB 200 m in losses resulting from impossibility of implementing an investment project. The court decision in favour of our client will evidently be of major significance in forming future court practice on the given category of cases.
- Successfully defended LKB Invest in the Supreme Commercial Court of the Russian Federation in a case relating to a suit filed against Sibakademstroy seeking recovery of a debt of over RUB 160 m under an interest-free loan agreements, plus interest for use of the loan, despite the obvious violation of the law and the legal position of the SCC RF committed by the courts of the lower instances.
- Successfully defended IKEA in court against unjustified claims by Khimki Collective Agricultural Enterprise ("Khimki Enterprise"), which tried to contest IKEA's right to its site as part of the lands belonging to the former collective farm.
- We have won the case for a major international insurance company in a dispute with Omsk region (represented by the Ministry of Property Relations) for damages caused by fire.
- Represented Baker Hughes in a dispute seeking recovery of damages in favour of Lukoil under a contractor agreement for constructing an oil-well. The litigation ensured justification of an extremely troublesome issue regarding absence of guilt and a causal link between the client’s actions and delay in contractor work (delay in its obligation).
Rustam has been a member of the Moscow City Bar since 2003.