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Sergey Uchitel, Ph.D. in Law

Advocate. Partner. Head of the Dispute Resolution Practice (Moscow)

For more than 20 years, Sergey Uchitel has been focusing on corporate disputes, representation of creditors and debtors in bankruptcy proceedings, as well as working environmental and subsoil use projects. He has been personally and directly involved in developing and implementing comprehensive defense strategies in major high-profile disputes that were resolved both in Russia and international jurisdictions.

Before joining Pen & Paper, he was a co-chairman at RegionService, a major Russian multiregional law firm. Sergey has also led the Legal Department at the Kuznetsk Iron and Steel Plant and served as a senior lecturer of the Chair of Civil Law and Procedure, Kemerovo State University.

Sergey provided legal advice for bankruptcy proceedings in respect of the Novokuznetsk Aluminium Smelter and Teyskoye Mine, assisted in resolving corporate disputes around such companies as Kuznetsk Ferroalloys, MPO Kuzbass, Antonovskaya Mine, coal producers Kuzbassrazrezugol and Kuzbassugol, Kotlas Pulp and Paper Mill, Angarsk Cement, and Sibuglemet Holding.

He is providing independent legal expert advice to all-Russian non-profit organizations dedicated to supporting small and medium-sized businesses: OPORA RUSSIA and Business Russia, as well as serving as an independent expert on a wide range of public administration bodies and authorities at both regional and federal level. He is a member of the working group on cadastral land valuation legislative reform at the Russian Ministry of Economic Development and Trade.

Sergey is ranked highly by leading Russian and international legal directories, including Сhambers Europe, Legal 500 EMEA, Forbes and Pravo.Ru300 for the Dispute Resolution category. Kommersant Publishing surveys have named him as a leading Russian litigation lawyer in corporate dispute resolution and a leading Russian sector lawyer in metals and coal mining.

He received Medals for Achievements in Defending Citizens’ Rights and Freedoms, First and Second Class, from the Russian Federal Bar Association (RFBA), honorable citations, and letters of gratitude from the RFBA President.

He has authored numerous articles in legal and business journals and publications on matters of corporate law, bankruptcy, and law firm management. He is the writer and host of the Teacher of Law (Uchitel Prava) show on RBC#42 TV channel.

Sergey speaks fluent English.

Education

Kemerovo State University Law School

A.S. Griboedov Institute of International Law and Economics in Moscow, PhD in Law

Areas of Practice

Dispute Resolution

Membership of Professional Bodies

• Kemerovo Regional Bar Association

• Association of Lawyers of Russia

Projects

• Sergey has led working groups for legal support for bankruptcy proceedings in respect of major Russian iron and steel and non-ferrous smelters, coal and gold mining companies, as well Russian petrochemicals producers.

• He has led working groups for legal support of corporate disputes involving challenged transactions and decisions made by management bodies of major Russian iron and steel and nonferrous metals companies, coal and gold mining companies, and petrochemicals producers.

• Representation of law firms and individual lawyers before the Russian Constitutional Court and Supreme Court in the case that reviewed the constitutionality of privilege provisions.

• He has led the working group providing legal advice to the Russian Deposit Insurance Agency during bankruptcy proceedings in respect of a major regional bank.

• Defense of minority shareholders in the members of a major industrial group, both domestically and in international jurisdictions (including Hong Kong, the Netherlands, and the United Kingdom).

• Representation of a minority shareholder in a coal mining company that is the member of Mechel Group in a dispute over challenged major transactions and related-party transactions for more than RUB 8 billion and recovery of damages from the joint-stock company’s management bodies.

• He has challenged the results of cadaster land valuation in a number of Russian regions and participated in the hearing of a precedent-setting case before the Presidium of the Russian Supreme Commercial Court.

• Representation of a majority shareholder in a coal mining group in corporate disputes with other key owners of the business challenging decisions of the management bodies of the holding’s members, major transactions and related-party transactions, including representation before the Presidium of the Russian Supreme Commercial Court.

• Representation of a minority shareholder in a coal mining company in a dispute relating to the stock buyback over more than RUB 3.5 billion.

• Representation of a minority shareholder in a coal mining company in challenging an additional stock issue worth more than RUB 8 billion.

• Representation of a majority shareholder in a major Russian coal mining group in a dispute with minority shareholders over an additional stock issue worth more than USD 0.5 billion.

• Representation of family members holding more than 30% in a Russian mining group in corporate disputes over asset split-up following the death of the group’s founder.

• Representation of a bank in a corporate dispute over implementation and exercise of an option agreement and recovery of damages from a former business owner.

• Representation of a bank with foreign shareholders in the bankruptcy proceedings against a major chain of gas stations in the North Federal District.

• Representation of a minority shareholder in a coal mining group in a dispute with a majority shareholder, including litigation in international jurisdictions (including Cyprus, the Netherlands, Switzerland).

• Legal advice, including due diligence of investment projects in construction (for Russian and international investors), development, acquisition and sale of assets of coal mining companies, metal smelters, chemicals producers, retail chains, engineering companies, metal processing plants, cement factories, gold mining companies and others.

• Representation of a number of Italian fashion brands in Russia over infringements of their trademarks and their Russian counterparties’ default.

• Representation of a majority shareholder in a coal mining group in corporate disputes over reinstating corporate control and recovering damages from a former chairman of the board of directors worth more than RUB 10 billion.

• Preparation of legal opinion on Russian law for disputes litigated in Cyprus, the United Kingdom, and Poland.

• Representation of major Russian coal mining companies in disputes with the offices of the Russian Natural Resource Ministry, the Prosecutors’ Office, environmental organizations pertaining to compliance with licensing, subsoil and environmental protection laws.

• Representation of a major North Federal District electrical grid company in disputes over compensation for damages to a continuous production company for interrupted power supply and during regulatory audits of proper justification for power supply pricing.

Specialist areas

• Development and implementation of comprehensive defense strategies for major projects and high-impact, high-profile disputes, including those involving international aspects;

• Corporate disputes;

• Defense of creditors and debtors in large-scale bankruptcy matters;

• Environmental and subsoil use matters.