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Portrait of Sergey Yuryev

Sergey Yuryev

Partner
Head of Dispute Resolution

Contact
SEAMLESS Legal
Naberezhnaya Tower, block C
Naberezhnaya Tower Block C - 10 Presnenskaya Naberezhnaya
123112 Moscow
Russia
Languages English, Russian

Sergey Yuryev is a partner heading the Dispute resolution practice at SEAMLESS Legal. Sergey is also a co-head of the Restructuring and Insolvency practice. 

Before joining the team in 2000, Sergey worked at a major American law firm in Moscow, Baku (Azerbaijan) and Washington D.C. (USA).

Sergey has an extensive experience in representing Russian and foreign clients in complex disputes before state commercial courts, courts of general jurisdiction and before various state authorities in Russia, acting for clients in all categories of disputes. He also has substantial experience in handling international arbitration cases before various arbitration institutes (ICAC, SCC, LCIA). 

Sergey has significant experience in supporting debt restructuring procedures, insolvency (bankruptcy) proceedings as well as in participation and representation in corporate/shareholder disputes. Sergey leads a team of lawyers that provides a full range of services related to the resolution of any disputes in Russia and those having a Russian element in corporate, commercial, administrative and criminal areas.

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Relevant experience

  • Russian energy major – advising on pre-arbitration work for a multibillion dispute in respect of long-term oil supply to China.
  • Major Russian steel company – acting on behalf of the client in Russian arbitration proceedings concerning debt restructuring.
  • A subsidiary of a Russian oil company – representing the client in the Singapore International Arbitration Centre in a dispute arising out of a contract for the construction and delivery of a transfer dock.
  • Leading construction company – representing a French construction company in a dispute with a Russian subcontractor, over a construction project for a car assembly line in the Kaluga region.
  • Landmark Global Exports – advising in respect of the Russian injunction proceedings and arbitration proceedings in the International Commercial Arbitration Court under the Chamber of Trade and Commerce of Russia. 
  • Allianz – successfully represented the insurer of Sayano-Shushenskaya HPP in a precedent setting case for enforcement of a Russian arbitration court ruling in Switzerland against one of the reinsurers of the 2009 HPP accident.
  • Global Korean Industrial Holding – advising in an international arbitration in Hamburg under the rules of the German Institution of Arbitration (DIS). The dispute arose out of a contract concluded in Russia for the supply of scrap metals from Saint Petersburg to Korea.
  • European reinsurance company – representing the client in a complex reinsurance dispute in the field of marine insurance in Russia.
  • One of the world's largest reinsurance companies – representing the client in a multimillion-dollar debt collection case against one of the largest federal banks.
  • Independent aircraft leasing company – representing client in a complex international dispute over a crash of Airbus 321 in Sinai in 2015.
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Awards & Rankings

  • Best Lawyers 2022, Insolvency and Reorganization
  • Best Lawyers 2022, Arbitration and Mediation
  • Legal 500 2020, Dispute resolution: arbitration and mediation
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Education

  • 1998, qualified to practice in New York (USA)
  • 1997, Southern Methodist University School of Law
  • 1995, Moscow State Institute of International Relations (MGIMO University, Degree in Law)
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02/06/2022
The Product Reg­u­la­tion and Li­ab­il­ity Re­view
In today’s glob­al eco­nomy, product man­u­fac­tur­ers and dis­trib­ut­ors face a dizzy­ing ar­ray of over­lap­ping and some­times con­tra­dict­ory laws and reg­u­la­tions around the world. A ba­sic fa­mili­ar­ity with in­ter­na­tion­al product li­ab­il­ity is es­sen­tial to do­ing busi­ness in this en­vir­on­ment. An un­der­stand­ing of the in­ter­na­tion­al frame­work will provide thought­ful man­u­fac­tur­ers and dis­trib­ut­ors with a stra­tegic ad­vant­age in this in­creas­ingly com­pet­it­ive area. This treat­ise sets out a gen­er­al over­view of product li­ab­il­ity in key jur­is­dic­tions around the world, giv­ing man­u­fac­tur­ers a place to start in as­sess­ing their po­ten­tial li­ab­il­ity and ex­pos­ure.Read the Rus­sia chapter in the The Product Reg­u­la­tion and Li­ab­il­ity Law Re­view 2022, pre­pared by Sergey Yuryev in March 2022. The chapter provides an over­view of the Rus­si­an reg­u­la­tions in the product li­ab­il­ity in­dustry.This art­icle was pre­pared for and first pub­lished by The Law Re­views in May 2022. 
13/05/2022
Morator­i­um on bank­ruptcy in Rus­sia un­til 1 Oc­to­ber 2022 already im­pact­ing...
The Rus­si­an Gov­ern­ment has in­tro­duced* a morator­i­um on cred­it­ors fil­ing bank­ruptcy cases from 1 April 2022 and un­til 1 Oc­to­ber 2022. The new morator­i­um (un­like the COV­ID-re­lated morator­i­um of 2020) ap­plies by de­fault to all in­di­vidu­als, in­di­vidu­al en­tre­pren­eurs and leg­al en­tit­ies (ex­cept for cer­tain real es­tate de­velopers who are debt­ors that have already been in­cluded on the Re­gister of Prob­lem­at­ic Prop­er­ties).How does the morator­i­um af­fect cred­it­ors’ rights?Cred­it­ors can­not file a new bank­ruptcy pe­ti­tion against any debt­or un­til 1 Oc­to­ber 2022 un­less such a debt­or has de­clared a waiver of the morator­i­um. Cred­it­ors’ ap­plic­a­tions filed dur­ing the morator­i­um peri­od with a com­mer­cial court will be re­turned. A cred­it­or’s no­tice of in­ten­tion to ap­ply for bank­ruptcy of a debt­or is also not sub­ject to pub­lic­a­tion in the pub­lic re­gister un­til the end of the morator­i­um.The morator­i­um does not ap­ply to bank­ruptcy cases that have already been ini­ti­ated. Thus, courts will hear as usu­al cases in which the courts have ruled on the ac­cept­ance of a bank­ruptcy pe­ti­tion be­fore 1 April.Debt­ors will have the dis­cre­tion to waive ap­plic­a­tion of the morator­i­um, which will mean that bank­ruptcy pro­ceed­ings can be ini­ti­ated against them and oth­er en­vis­aged re­stric­tions can be lif­ted (see sec­tion be­low). To waive the morator­i­um, the rel­ev­ant in­form­a­tion must be entered in the Uni­fied Fed­er­al Re­gister of Bank­ruptcy In­form­a­tion.Hav­ing said that, the morator­i­um does not pre­vent debt­ors from fil­ing for their own bank­ruptcy on their own ini­ti­at­ive. However, as a gen­er­al rule, dur­ing the morator­i­um peri­od, the fail­ure of man­age­ment to file a bank­ruptcy pe­ti­tion – if there are signs of bank­ruptcy or in­solv­ency – does not res­ult in man­age­ment be­ing held sub­si­di­ar­ily li­able for the debt­or’s ob­lig­a­tions (un­less signs had already oc­curred be­fore the morator­i­um was in­tro­duced).How does a morator­i­um af­fect on­go­ing busi­ness op­er­a­tions?The morator­i­um already af­fects busi­nesses by im­pos­ing cer­tain re­stric­tions not re­lated to bank­ruptcy pro­ceed­ings, such as:Par­ti­cipants and share­hold­ers are not al­lowed to exit the com­pany, and debt­ors can­not buy back out­stand­ing shares or par­ti­cip­at­ory in­terests.It is not per­mit­ted to ter­min­ate the debt­or’s ob­lig­a­tions by set-off if this would vi­ol­ate the or­der of pri­or­ity of cred­it­ors’ claims.It is not per­mit­ted to pay di­vidends or in­come on par­ti­cip­at­ory in­terests or to dis­trib­ute profits among the debt­or’s par­ti­cipants.No for­feits, fines, pen­al­ties and oth­er fin­an­cial sanc­tions will be ap­plied for fail­ure to ful­fil mon­et­ary ob­lig­a­tions and ob­lig­at­ory pay­ments.No fore­clos­ure of pledged prop­erty, wheth­er through court or out-of-court pro­ceed­ings, is al­lowed.En­force­ment pro­ceed­ings on prop­erty claims arising pri­or to the morator­i­um are sus­pen­ded (in this case, seizures on the debt­or’s prop­erty and oth­er re­stric­tions on the dis­pos­al of the debt­or’s prop­erty are not lif­ted).What can cred­it­ors do be­fore the morator­i­um ex­pires?The morator­i­um sig­ni­fic­antly af­fects the cred­it­or’s means for en­for­cing the debt­or’s ob­lig­a­tions. Dur­ing the morator­i­um peri­od, we re­com­mend that cred­it­ors:file a law­suit to col­lect the ex­ist­ing debt from the debt­or in or­der to be able to col­lect the debt through en­force­ment pro­ceed­ings or to ini­ti­ate bank­ruptcy pro­ceed­ings after the end of the morator­i­um;ob­tain writs of ex­e­cu­tion and ap­ply to bailiffs or a bank to col­lect the debt in the fu­ture. Al­though en­force­ment pro­ceed­ings are sus­pen­ded for the dur­a­tion of the morator­i­um, this does not de­prive the cred­it­or of the right to ob­tain a writ of ex­e­cu­tion. Courts con­tin­ue to is­sue writs of ex­e­cu­tion and en­force­ment pro­ceed­ings may be ini­ti­ated on their basis. No en­force­ment is car­ried out by bailiffs dur­ing the morator­i­um peri­od. If the cred­it­or ap­plies to a bank (or cred­it or­gan­isa­tion), the bank will ac­cept the writ of ex­e­cu­tion, but will leave it un­ex­ecuted un­til the end of the morator­i­um. However, dur­ing the sus­pen­ded en­force­ment pro­ceed­ings, the bailiff is still en­titled to seize or pro­hib­it the dis­pos­al of the debt­or’s prop­erty in or­der to pre­serve the pos­sib­il­ity of fore­clos­ure after the morator­i­um has been can­celled;mon­it­or the debt­or’s fin­an­cial situ­ation and the pre­ser­va­tion of its prop­erty. The morator­i­um does not im­pose a ban on cred­it­or chal­len­ging the debt­or’s di­vest­ment trans­ac­tions or the ap­plic­a­tion of in­ter­im meas­ures in court dis­putes and en­force­ment pro­ceed­ings in re­la­tion to the debt­or’s as­sets (pro­hib­i­tions on the dis­pos­al of prop­erty or seizure);take great care in gath­er­ing and pre­par­ing evid­ence of losses to suc­cess­fully prove these losses. Since no pen­al­ties for the debt­or’s fail­ure to ful­fil its mon­et­ary ob­lig­a­tions are pay­able from the be­gin­ning of the morator­i­um, the cred­it­or is en­titled to re­cov­er dam­ages from the debt­or without hav­ing to wait un­til the end of the morator­i­um to com­pensate for its losses.* In Rus­si­an
09/07/2021
The Se­cur­it­ies Lit­ig­a­tion Re­view 2021
Read the Rus­si­an Chapter of the The Se­cur­it­ies Lit­ig­a­tion Re­view 2021, pre­pared by Sergey Yuryev, CMS Rus­sia Part­ner and Head of Dis­pute Res­ol­u­tion prac­tice.
10/06/2021
CMS Rus­sia earns a re­cord num­ber of re­cog­ni­tions by Best Law­yers 2022
Strong re­cog­ni­tion by the rank­ing 32 CMS Rus­sia ex­perts have been se­lec­ted for in­clu­sion in­to the 2022 edi­tion of the Best Law­yers rank­ing. In total, we have earned 74 re­cog­ni­tions by the rank­ing :Ant­on...
28/04/2021
Anti-cor­rup­tion and com­pli­ance
This chapter of Do­ing busi­ness in Rus­sia1This chapter is up to date as of 1 Janu­ary 2022.foot­note is ded­ic­ated to anti-cor­rup­tion and com­pli­ance is­sues in the coun­try.
26/04/2021
Dis­pute res­ol­u­tion
In this chapter of Do­ing busi­ness in Rus­sia, you will find out how dis­putes are con­sidered in Rus­si­an state courts and as part of al­tern­at­ive dis­pute res­ol­u­tion (“ADR”) mech­an­isms, in­clud­ing re­cent trends.
23/04/2021
Cor­por­ate bank­ruptcy
The dis­cus­sion in this chapter of Do­ing busi­ness in Rus­sia fo­cuses on the Rus­si­an bank­ruptcy re­gime ap­plic­able to com­pan­ies and also men­tions spe­cif­ic fea­tures of the re­gime ap­plic­able to cred­it in­sti­tu­tions.
16/04/2021
CMS Rus­sia in The Leg­al 500 EMEA 2021
The 2021 edi­tion of The Leg­al 500 EMEA re­cog­nises CMS Rus­sia across 10 prac­tice areas and hon­ours 10 firm ex­perts CMS Rus­sia has been ranked this year in the fol­low­ing 10 cat­egor­ies:Bank­ing & Fin­ance:...
24/03/2021
Product Reg­u­la­tion and Li­ab­il­ity Re­view 2021
Rus­sia Chapter of the Product Reg­u­la­tion and Li­ab­il­ity Re­view The Rus­sia Chapter of the Product Reg­u­la­tion and Li­ab­il­ity Re­view was pre­pared by Sergey Yuryev, CMS Rus­sia Part­ner and Head of Dis­pute...
23/02/2021
CMS Guide to Anti-Bribery and Cor­rup­tion Laws
We are de­lighted to present the sixth edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws
29/01/2021
CMS Rus­sia re­cog­nised by the Lead­ers League rank­ing 2021
The rat­ing agency for top ex­ec­ut­ives Lead­ers League re­cog­nised CMS Rus­sia as one of the best law firms in Rus­sia across the fol­low­ing cat­egor­ies: Highly re­com­men­ded An­ti­trust­Bank­ing & Fin­ance Re­com­men­ded...
16/12/2020
In­ter­na­tion­al Dis­putes Di­gest - Winter Edi­tion 2020
Wel­come to the winter edi­tion of the CMS In­ter­na­tion­al Dis­putes Di­gest, the bi­an­nu­al pub­lic­a­tion of CMS’ Dis­pute Res­ol­u­tion prac­tice fea­tur­ing ana­lys­is and com­ment­ary on the ma­jor trends shap­ing the...