Lawyers from EPAM Law successfully represented Auchan Retail Russia, one of the country’s largest retail chains, in a major dispute concerning the redevelopment of a property and involving claims exceeding RUB 25.5 billion.
The Moscow Arbitrazh Court approved a settlement agreement under which the opposing party agreed to withdraw in full its claims exceeding RUB 25.5 billion. The dispute concerned an attempt to compel Auchan Retail Russia to approve a shopping centre redevelopment project, as well as a claim for damages allegedly arising from the building’s enforced closure.
In December 2024, a new co-owner of the shopping centre jointly owned with Auchan Retail Russia brought proceedings seeking to compel the client to approve an expensive redevelopment project. The claimant argued that the proposed works had not received the necessary approval from the building’s other co-owners. In the claimant’s view, this constituted a breach of the agreement governing the use of the property and resulted in losses caused by the building remaining out of operation.
The case was significant for the development of judicial practice concerning disputes between co-owners of major properties, particularly in relation to asset-management arrangements and decisions affecting the future of jointly owned assets.
The defence strategy developed and implemented by the firm’s lawyers substantially strengthened Auchan Retail Russia’s negotiating position and helped create the conditions for constructive settlement discussions. The parties ultimately agreed to sell the shopping centre to a third party and entered into a settlement agreement under which the opposing party withdrew in full its claims exceeding RUB 25.5 billion.
The project was led by Vera Rikhterman, a partner in the Dispute Resolution Practice. The team comprised Alexey Artemenko, counsel; Oleg Kurin and Larisa Garmashova, senior associates; and Ekaterina Dzhioeva and Alexandra Golovanova, associates. The Real Estate and Construction Practice also contributed to the matter through Ekaterina Verle, head of the practice, and Anastasia Karepova, senior associate.
