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International Disputes

Some disputes do not find resolution at the national level.
Some disputes between founders, majority and minority shareholders often remain unresolved at the national level. Such disputes frequently arise in situations involving the deprivatization of enterprises, nationalization of businesses, corporate raids, demonopolization, business separation, and many other scenarios.

These disputes can infringe on the rights of both individuals and entire groups. In circumstances where administrative resources are not in favor of the affected parties, there is still a possibility of achieving justice through international legal institutions.

Minority Shareholder Protection
In countries where undemocratic principles extend to the business sector, there are laws that allow for the forced buyout of shares from minority shareholders. In Russia, such a law was also lobbied by oligarchic structures. In practice, minority shareholders can be deprived of their shares, and when calculating their compensation, the "acquirers" have significant opportunities for manipulation of the share price.
Case:
Currently, the ARGA association is defending minority shareholders of Lebedinsky GOK who were harmed by the forced buyout of their shares by the holding company "Metalloinvest," owned by Alisher Usmanov and Andrei Skoc. ARGA is also assisting in the defense of Belgorod miner leader Andrei Burkin, who was detained in pre-trial detention on a trumped-up charge. The United Nations Working Group on Business and Human Rights has received our association's appeal in defense of Russian miners. We are also actively bringing this situation into the media spotlight.
https://t.me/s/vchkogpu/
Protection of Shareholders in Nationalized Enterprises
Denationalization, more commonly known as the nationalization of large enterprises, has become a harsh reality. After 15-20 years, enterprises that have undergone changes in ownership, numerous stages of reinvestment, and modernization are effectively seized by the state. Seeking justice through national judicial systems, understandably, is often futile.
Case:
he ARGA association has been approached by former owners of 60% of the shares in a large nationalized enterprise (name and identities are confidential under NDA). The association has assisted in developing a legal strategy and preparing claims for damages to be filed with various international bodies. Although European jurisdictions are no longer recognized in Russia, there remains the possibility of recovering damages through blocked assets.
Lawsuits by Individuals Against the State
The state often enjoys greater leniency from the court, wielding administrative power and being part of the same system as the judiciary—despite the separation of powers. In undemocratic states, the judiciary is inherently dependent. However, even with the limitations of European jurisdiction, there are mechanisms available to seek justice at the international level.
Case:
A case was brought to the association by the heir of 3% of the shares in one of the largest metallurgical enterprises, which has been transferred to state control. This effectively deprived him of a significant inheritance. Lawyers from our partner law firm have prepared a comprehensive document package with evidence and justification for the compensation requested from the state. In this case, the source of compensation will be the state’s frozen assets.

International protection is a complex and lengthy process

but decisions made by international institutions are highly effective.
International protection requires a deep understanding of both national and international law, as well as experience in handling cases across various jurisdictions. The association “ARGA” collaborates with renowned European lawyers and legal firms.

There are no standard solutions in international protection. However, the general process usually follows this scheme:
Analysis of the Dispute and Legal Consultation:

  • Initial assessment of the situation and consultations with the affected party in accordance with local and international laws.
  • Identification of legal risks and strategies to mitigate them.
International Arbitration or Litigation:

  • Preparation and management of the case in international institutions or courts of different countries if the dispute cannot be resolved amicably.
  • Representation of shareholders in international hearings.
Mediation and Negotiations:

  • Participation in negotiations between parties to achieve a compromise solution.
  • Involvement of professional mediators to facilitate the negotiation process and resolve the dispute without resorting to court.
Drafting and Reviewing Agreements:

  • Development and review of agreements that govern the rights and obligations of participants in transnational companies.
  • Amendments to existing agreements to prevent future disputes.
Recovery of Damages and Enforcement of Decisions:

  • Assistance in recovering damages and ensuring the enforcement of decisions by international courts or arbitrations.
  • Coordination with jurisdictions of different countries to enforce decisions made in another country.
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When first contacting the Association, we kindly request that you provide a detailed written description of your situation to ensure that the subsequent consultation is as effective as possible.


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Registration form: «Associations loi du 1er juillet 1901».
RNA registration number: W641013804
Address: France, 14 rue Jacques Laffitte 64100 Bayonne.

Individual tax number N° DE PARUTION: 20230008
Name of the Association: «ASYLUM RESEARCH & GLOBAL ASSISTANCE»

E-mail address: asilepolitfrance@gmail.com

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