International Construction Arbitration: Protecting the Client’s Interests in an Amount Exceeding EUR 30 Million
REVERA provided comprehensive legal support to a major company implementing turnkey projects in the mining and metallurgical as well as mining industries in the CIS and beyond, within the framework of a dispute before the International Arbitration Court at the Belarusian Chamber of Commerce and Industry (IAC at the BCCI) against a major customer, a resident of Uzbekistan.
A project with an implementation value exceeding EUR 300 million became the subject of a dispute in an amount exceeding EUR 30 million. The case was considered under Uzbek law, while the seat of arbitration was Minsk, which immediately created a number of cross-border and conflict-of-laws challenges.
REDPATH DEILMANN GmBH
Legal support for a major German contractor entering the Belarusian construction market. Comprehensive support for contractor’s construction activities under a mining project (customer’s investments worth over 2 bln USD).
Transfer of the plant into mortgage
Advising on a transaction in which the bank loan for the expansion of the company's facilities was secured by the immovable property of the company. The equivalent amount of the loan exceeded 20 million EUR.
Purchase of the factory within three days
Comprehensive assistance to a foreign investor in the purchase of a building materials factory in Belarus. In 72 hours following the request, the client already had a Belarusian legal entity, an approved loan from a bank, a detailed action plan for doing business in Belarus and a full-fledged operating company.
AECOM
AECOM is a global leader in providing design services for the construction industry and are listed by Fortune 500. In Belarus, AECOM is involved in the construction of the multi-functional complex in Minsk worth 900 mln USD. Our lawyers consulted the Client for the purpose of settling differences with the customer, and in particular developed a strategy and a legal position to protect the Client’s interests in court in an action of collection of penalties for unsatisfactory provision of services.
Unibep
Unibep is a major Polish construction company. In Belarus, Unibep acts as the general contractor in a number of investment projects: construction of Trinity shopping mall in Grodno, construction of a multimodal industrial logistical complex, etc. REVERA advises Unibep on a vast range of issues with respect to construction activities in Belarus.
Construction project for a major metalworks
Comprehensive support for general contractor during the construction of a metalwork facility in Vitebsk region. Total project investment exceeds 300 mln euros.
Settlement of a construction dispute at the pre-trial stage for a customer from the IT sector
REVERA helped to reach peaceful settlement of disagreements between the contractor, who, based on the oral instructions of the customer, exceeded the contractual scope of repair works by more than twice, and the customer, who, due to the absence of professional specialists, could not evaluate competently the scope of works performed, their quality and cost, and therefore refused to accept and pay for them.
Construction project for “TurkStream” gas line
BelTruboProvodStroy is the biggest in Belarus and one of the biggest companies in CIS focusing on pipeline construction.
We supported the Client in its project worth 200 million euros in Serbia and Bulgaria, being a part of the “TurkStream” gas line project. We provided:
- preparation of 4 FIDIC contracts (Silver Book);
- support during negotiations;
- preparation of a lease contract for drilling equipment;
- consulting on construction laws and regulations.
BAUER SLOVAKIA
REVERA prepared a construction ‘turnkey’ contract (on the basis of FIDIC’s Silver Book), supported Client’s negotiations with the financial institutionto provide a credit facility, and consulted the Client during procurement procedures. Also, REVERA procured all construction licenses required for general contractor’s operations in Belarus.
Construction project for a major shopping mall in Minsk
Legal support of the construction of a major shopping mall in Minsk (MEGA) on a 9.5 ha land plot. Also, REVERA provides support to this Client in its relations with counterparties and with respect to an investment agreement concluded with the Republic of Belarus.
Reconstruction project for an architectural monument “Communal kitchen” in Minsk
Legal support of the reconstruction of an historical building in Minsk centre. Project costs exceed 20,000,000 USD. We provided comprehensive support to the investor in its relations with contractors, state authorities and prospective tenants. We monitored all procedures, from the decision-making stage to obtainment of permits/authorisations, preparation of design contract and general contractor contract, contracting with anchor tenant, etc.
Recovering 1 mln euros for “Vysoki Zamok”
“Vysoki Zamok” is a major construction company. Our attorneys represented “Vysoki Zamok” as general contractor in a construction dispute with a customer. As a result, a debt of over 1 mln euros was collected in full, as well as currency translation differences.
Reconstruction of sewage treatment facilities in Baranovichy
ARGINTA is a major Lithuanian company involved in water management and renewable energy.
Our associates consulted the client under an EBRD financed project for the reconstruction of water treatment facilities in the city of Baranovichy (client acted as contractor). We consulted on Belarusian construction laws and application of FIDIC forms under the project. Also, our attorneys represented the customer in settling disputes under the contractor agreements, which was challenging due to the compulsory condition to settle the dispute exclusively extrajudicially.
Construction of an agricultural complex
Legal support for Bauer Technics a.s., a Czech general contractor, constructing a ‘turnkey’ pig complex for Borysov Meat Factory OJSC with an investment volume of 35 million euros.
Defending Bauer Technics a.s. in IAC under the BelCCI
Representing Bauer Technics a.s. in the International Arbitration Court under the Belarusian Chamber of Commerce and Industry in a dispute with Borysov Meat Factory involving collection of VAT sums in excess of contract sum. The complexity and uniqueness of this case was in that there was no similar judicial practice in Belarus prior to it.
Building Renault auto centres
Supporting construction of 4 auto centres in Minsk and Belarusian regions.
VERTIV
REVERA’s team prepared a multi-million contract for the supply and assembly of equipment between the US-based VERTIV company and “Belarusian Cloud Technologies” JLLC (BeCloud). We focused on preparing a bilingual supply and assembly contract, supporting negotiations and contract execution.
OMA
ОМА is a major chain of DIY construction hypermarkets in Belarus. Our associates prepared hypermarket construction agreements with account of FIDIC’s Red Book for the client.
PSJ
Preparing an equipment supply agreement, designing and construction of a technological complex with account of FIDIC’s New Yellow Book.
Protecting MinskEnergo in a construction dispute
Our attorneys defended the client in a dispute on the fulfillment of obligations under a contractor agreement. The amount in dispute was over 2 million USD. The case was examined by the International Arbitration Court under the Belarusian Chamber of Commerce and Industry.
Reconstruction of sewage treatment facilities in Vitebsk region
ARGINTA is a major Lithuanian company oeprating in the sphere of water management and renewable energy.
Our associates consulted the client for the purpose of performing a FIDIC contract for the reconstruction of water treatment facilities in Vitebsk region.
General contractor contract for Bauer Technics a.s
Preparing a contractor contract with account of FIDIC norms between general contractor (non-resident) and customer (Belarusian resident) for the ‘turn-key’ construction of a livestock farm.
Construction of a major DIY shopping mall MILE
Comprehensive support for the construction of the largest Belarusian (11,000 sq.m.) DIY shopping mall for MILE chain.
Invest-System
Representation of a private developer in a complex dispute with general contractor involving coercion to remove shortcomings in construction and assembly works for an infrastructural facility in Minsk’s housing area.
A dispute with former manager
Representation of a leading enterprise of BelEnergo, a construction and assembly complex, in an employement dispute with former CEO.
MorozProduct
Supporting client in disputes with general contractor in respect of construction of an ice-cream factory (both during contruction stage and during warranty period).
Metrostav
Consulting client in the course of performance of a FIDIC contract for the reconstruction of water treatment facilities.
Construction of a chemical production facility for Passat holding
Comprehensive support for customer, “Passat” holding, for the purpose of constructing a manufacturing building. Advising on construction laws, structuring of project’s contractual fastening, conducting all negotiations. Also, we monitored negotiations for the purpose of concluding a contract for comprehensive management of construction activities with engineering authority.
Ascom Partners
Legal support for company’s business activities: consulting on contract performance, evaluation of prices on construction project, transfer pricing, etc.
VostokMetallurgMontazh
Advising on licensing business activities in the territory of the Republic of Belarus
