our profile€¦ · threefold legal advisors moscow: 50 frunzenskaya embankment 119270 moscow,...
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Our Profile
Business. Human Rights. Internationally.
About threefold legAl Advisors
Threefold Legal Advisors gathers experienced attorneys who have held positions at the European Court of Human Rights, the leading international law firms, and major inter-national and Russian companies.
We specialise in a wide range of legal issues in the areas of business & human rights, public international law, and international com-mercial law. Our attorneys represent clients in dispute resolution inclu-ding commercial and civil disputes between private parties, as well as disputes involving public law. We also work on transaction issues and advise on other corporate projects in the areas of our expertise.
We assist law firms and private practitioners with human rights and international law issues encountered when working on both conten-tious and transaction matters.
Our practice focuses on Russia and other countries in the region.
Threefold Legal Advisors
Moscow:50 Frunzenskaya Embankment 119270 Moscow, Russian Federation
Tel.: +7 495 989-17-87Fax: +7 495 989-17-88
St. Petersburg:3-5, lit.A Bolshaya Morskaya Street191186 St. Petersburg, Russian Federation
WhAt We doAs part of our expertise, we represent clients before the European Court of Human Rights and advise on business and human rights issues.
Advise on and represent clients in proceedings concerning the European Court of Human Rights, including:
—Exhaustion of domestic remedies;
—Litigation in the Court; and
—Enforcement, including re-opening domestic proceedings and other relevant measures.
Advise on business & human rights matters, including the issues of:
—Corporate responsibility;
—Human rights due diligence and project impact assessment; and
—Policies and best practices.
Advise on and represent clients in proceedings in national courts and arbitral tribunals involving human rights, public international law issues, and international commercial law issues.
Organise and conduct private and public educational seminars and workshops on matters within our field of expertise.
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Human rights and international law generally play an increasingly important role in today’s business world. Threefold Legal Advisors is uniquely equipped to advise on human rights and public international law issues in the business context. Our legal team consists of attorneys who have substantial experi-ence in dispute resolution in national and inter-national courts and arbitral tribunals, as well as in handling corporate matters.
Please see a brief overview below of the oppor-tunities and implications that these areas of law present to commercial entities. We would be happy to assist should you require any further information or request one or more of our topic-specific client briefings.
Protection of property and other assets
—Real estate
—Shares in public companies
—Intellectual property
—Business licenses
—Enforceable arbitration awards
Tax matters
—VAT law
—Tax penalties
—Retroactive taxation
Irregularities of due process
—Access to court
—Independence and impartiality of the tribunal
—Open and public hearing
—Length of proceedings
—Equality of arms / adversarial proceedings
—Supervisory review
—Enforcement of judgments
Protection of commercial speech
—Advertising
—Unfair competition
—Broadcasting regulations
Other matters
— Searches and seizures on business premises
—Protection of correspondence
—Non-discrimination
our AreAs of expertise
Threefold Legal Advisors is uniquely equipped to advise on human rights and public international law issues in the business context.
The European Convention on Human Rights
The European Convention on Human Rights contains a broad range of guarantees, the full enjoyment of which is of pivotal importance to the effective functioning of business. Nowadays, the Convention is increasingly invoked in commercial cases in domestic courts, and also provides the basis for proceed-ings initiated by commercial entities in the European Court of Human Rights (ECtHR).
Amongst other issues, the Convention covers:
The Convention provides for an effective mecha-nism to secure compensation of financial damages caused by rights violations. In certain circum-stances, it may also require re-examination of a case by domestic courts.
Our partners, who worked in the European Court of Human Rights in the past, have acquired out-standing experience in this area.
In the modern global economy, not only human rights but a wide range of other public inter-national law (PIL) issues increasingly arise in connection with investment projects, particu-larly those involving state actors. Although PIL is traditionally regarded as governing relations between states, it also affects commercial activi-ties. PIL applies to both contentious and non-contentious matters in such areas such as:
—Investment protection;
—State immunity;
—Environmental protection; and
—International trade, to name but a few.
Not surprisingly, Russian courts, like state courts in other jurisdictions, have to face an increas-ing number of PIL issues. However, commercial courts, courts of general jurisdiction, and even constitutional courts may not have a significant background or much experience in PIL. This makes competent PIL advice crucial to any party to the proceedings.
Moreover, commercial entities may also seek advice on the implications of various inter-state proceedings affecting their business interests. In certain circumstances, private parties may be able to participate in relevant proceedings by submit-ting amicus curiae briefs.
Government regulations and involvement in various business projects inevitably lead to PIL issues in transactional and other non-contentious matters.
There is no doubt nowadays that business has the potential to impact human rights, both positively and negatively.
Not surprisingly, the relationship between human rights and business is high up on the agenda of the international community, national govern-mental authorities, and commercial enterprises.
The regulation of business and human rights is one of the most rapidly developing areas of law. Therefore, it is particularly important for commer-cial companies and their attorneys to be alert to the most recent national legislation changes and emerging international trends.
Business & Human Rights Public International Law
From practical perspective, the interaction of business and human rights includes the following aspects:
—Business compliance with human rights legislation;
—Corporate policies on human rights;
—Human rights due diligence and impact assessments;
—Human rights litigation against companies;
—Protection of business rights using human rights instruments and mechanisms
Companies increasingly invite human rights experts who have practical knowledge of both international standards and applicable national laws to advise them on these issues.
Attorneys at Threefold Legal Advisors provide comprehensive legal assistance in dispute reso-lution at state courts and arbitration, including cases where foreign entities and jurisdictions are involved.
We represent clients in various types of disputes, including:
—Recovery of debts and compensations;
—Sale of goods and services;
—Real estate and construction;
—Corporate disputes;
—Bankruptcy;
—Litigation against state agencies; and
—Copyright protection and business reputation disputes.
Our attorneys have substantial experience in cross-border dispute resolution and international arbitration where international commercial law and, occasionally, public international law issues are involved. We also assist with enforcement proceedings. Moreover, we have unique experi-ence in working on complaints to the European Court of Human Rights when required by our clients’ cases.
International commercial law and conflicts of laws govern various legal relations of individuals and legal entities that are usually located in different countries or relations that have some other inter-national element.
The issues that require professional legal advice include:
—Export/import transactions, in particular those governed by the 1980 Vienna Convention on Contracts for the International Sale of Goods;
—Cross-border documentary transactions invoking letters of credit or other means of securing obligations;
—Cross-border distribution and cross-border agency agreements, creation of distribution systems in respective markets;
—E-commerce and the rules that govern this type of commerce at the international and European levels;
—Intellectual property, patents and trademarks;
—International family law and inheritance;
—Foreign investments;
—Cross-border litigation and international arbitration.
The practice of law in this area requires fluency in foreign languages, contacts with attorneys abroad, and understanding of the principles that govern the work of foreign state agencies and private businesses, as well as the skill to keep records and documentation in accordance with international standards.
Our attorneys have extensive experience in deal-ing with issues that involve international commer- cial law and conflict of laws. This area of our practice is related to the other areas, such as business & human rights and dispute resolution.
International Commercial Law and Conflict of Laws Dispute Resolution
our legAl teAm's recent engAgements
Advising, with a leading international law firm, on a matter concerning access to court in contract rescission proceedings.
Representing a client in Russian courts in a number of cases connected with challenging state agencies’ actions.
Advising an applicant, as co-representatives with a leading Russian human rights attorney, on ECtHR Grand Chamber referral procedure in relation to the retroactive application of state secrecy laws.
Representing a client in the European Court of Human Rights in legal proceedings against the Estonian Government concer-ning European migration regulations.
Advising, with a team of Russian attorneys, on a matter against Germany, which involved an alleged rights violation perpetrated by a German diplomat against Russian nationals.
Advising on a matter concerning freedom of expression in the course of a political debate.
Advising a former government official on a matter concerning a denial of the right to stand for parliamentary elections.
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our pArtners Our partners have represented clients in international litigation and arbitration, worked on projects connected to judicial and legal reforms in Russia and other CIS countries, advised clients on major cross-border transactions, and administered legal educational projects of worldwide significance.
Maria IssaevaManaging Partner
Tel: +7 495 989-17-87Mobile: +7 985 [email protected]
Marat DavletbaevPartner
Tel: +7 495 989-17-87Mobile: +7 985 [email protected]
Maria advises on a broad range of subjects pertaining to the European Convention on Human Rights and other issues of public international law. She represents clients in the European Court of Human Rights and national courts. Her professional experience of over ten years includes holding a position of Senior Attorney with the Registry of the European Court of Human Rights, a position of Associate Attorney for finance and litigation practice at a major international law firm, and managing an independent business project. Maria has also administered the Russian rounds of the Philip C. Jessup International Law Moot Court Competition, one of the world’s largest legal educational projects.
Admitted to practice in Russia in 2002.
Education: St. Petersburg State University (Russia).
Languages: Russian (native), English (fluent), French (working knowledge).
Office: Moscow.
Marat has over 10 years of experience obtained while leading various legal departments at Russia’s largest energy companies, including Gazprom and Inter RAO UES, and international holdings. Among key projects executed under his direct supervision are preparation of contractual framework for large multinational pipeline projects, such as Nord Stream, acquisition of large energy companies, and consolidation and restructuring of energy assets, both in Russia and abroad. Marat specialises in corporate projects focusing on business & human rights issues.
Admitted to practice in Russia in 2001.
Education: Moscow State Institute of International Relations (MGIMO-University) (Russia), Tamkang University (Taiwan).
Languages: Russian (native), English (fluent), Mandarin Chinese (working knowledge), French (basic), Italian (basic).
Office: Moscow.
Irina SergeevaPartner
Tel: +7 495 989-17-87 Mobile: +7 985 [email protected]
Maria SuchkovaPartner
Tel: +7 495 989-17-87 (ext. 20-11)Mobile: +7 985 [email protected]
Irina has substantial experience in representing clients in national courts and international arbitration, including in major cross-border disputes. She advises on a wide range of issues related to Russian commercial and civil law, international public and private law, and human rights. Her professional experience of over seven years includes work in litigation and dispute resolution practices of two leading international law firms. Irina has academic and teaching experience in Public International Law, European law, and human rights.
Admitted to practice in Russia in 2005.
Education: St. Petersburg State University (Russia), Moscow State Institute of International Relations (MGIMO-University) (Russia), University College London (UK).
Languages: Russian (native), English (fluent), German (working knowledge), French (working knowledge).
Offices: Moscow, St. Petersburg.
Maria has substantial experience in representing clients in the European Court of Human Rights and other international adjudicative human rights bodies. Maria has specialised in human rights law for over five years. Before joining the firm, Maria worked at the Registry of the European Court of Human Rights, as well as at several international non-government organisations. Maria often contributes to vocational training for attorneys by delivering lectures on various aspects of the European Human Rights Law.
Admitted to practice in Russia in 2007.
Education: Samara State University (Russia), University of Essex (UK).
Languages: Russian (native), English (fluent).
Office: Moscow.
This brochure does not provide legal advice and should not be relied upon as such. It is issued for information purposes only.
© Threefold Legal Advisors LLC, 2013 Design www.vfolio.ca
Threefold Legal Advisors
Moscow:50 Frunzenskaya Embankment 119270 Moscow, Russian Federation
Tel.: +7 495 989-17-87Fax: +7 495 989-17-88
St. Petersburg:3-5, lit.A Bolshaya Morskaya Street191186 St. Petersburg, Russian Federation