EPAM lawyers have successfully defended the interests of AUCHAN Retail Russia, one of Russia’s largest retail chains, in a major property redevelopment dispute involving claims of more than RUB 25.5 billion.
The Moscow Arbitrazh Court approved a settlement agreement under which the opposing party withdrew all claims exceeding RUB 25.5 billion. The dispute concerned an attempt to compel AUCHAN Retail Russia to approve a shopping centre redevelopment project, together with a claim for damages arising from the building’s enforced closure.
In December 2024, a new co-owner of a shopping centre co-owned by AUCHAN Retail Russia brought proceedings seeking to compel the company to approve a costly redevelopment project. The claimant argued that proposals for repair works had not received the necessary approval from the building’s other co-owners. In the claimant’s view, this breached the agreement governing the use of the property and caused losses because the building remained 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 and decisions regarding the future use of jointly owned property.
The defence strategy developed and implemented by EPAM’s lawyers materially strengthened AUCHAN Retail Russia’s negotiating position and helped create the conditions for constructive settlement discussions. Ultimately, the parties agreed to sell the shopping centre to a third party and entered into a settlement agreement providing for the opposing party’s complete withdrawal of its claims.
The project was led by Vera Rikhterman. 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.