How much does the first consultation cost?

The consultation is free when an engagement is signed: if you entrust the matter to us, the first meeting costs nothing. At it we go through the situation and tell you whether the matter has prospects in court, what scenarios are available and roughly what running the case will cost. This information does not constitute a public offer (art. 437(1) of the Civil Code of the Russian Federation).

Do you guarantee the outcome of a case?

No, and nobody can: the outcome of litigation is decided by the court. We are answerable for the quality of our work, for the pace and for making sure you always know what stage the matter is at. You receive our assessment of the prospects before the engagement is signed.

Who will handle my matter?

Every matter has a responsible partner. He assembles the team for the task — a litigator, a tax specialist, a valuer — and remains your point of contact until the end. Where the task requires the status of an advocate, advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association are brought in under a cooperation agreement.

Do you work with the regions?

Yes. We have two offices — in Moscow and Mariupol — and we run matters throughout Russia. The engagement can be signed remotely, documents are accepted electronically, and we stay in touch by telephone, messenger and e-mail.

How do the firm's lawyers and the advocates work together?

Legal review, transaction support, insolvency and representation in commercial and civil proceedings are carried out by the lawyers of Kovalev & Partners LLC under an engagement with the company. Tasks that require the status of an advocate — criminal defence, attendance at searches and interviews, an advocate's formal request — are carried out by advocates of the Kovalev, Malyutov, Tsypkalo & Partners Moscow Bar Association: the company has a cooperation agreement with the Bar Association, while the agreement on the provision of legal assistance is made by the client directly with the advocate (art. 25(1) of Federal Law No. 63-FZ of 31 May 2002 “On Advocacy and the Bar in the Russian Federation”). For you this is a single point of entry: we assemble the team.

What happens after I send an enquiry?

We read your description of the situation and come back within one working day: we ask clarifying questions and tell you what we can realistically do. We do not pass your documents or your description of the situation to anyone.

LATIN AMERICA / 22

Protecting your investment in the region: treaties, records, contracts

A bilateral investment treaty gives an investor additional rights against the state where the investment is made. But Russia has such treaties with only some countries in the region, and not every ownership structure qualifies. We check the treaty status at the time of advice, the structure and the investment records, and where there is no treaty, we build protection through contracts and the choice of arbitration.

Call: +7 (499) 460-63-47

What is happening

A company is investing in a manufacturing project in Argentina and wants to know what the Russia-Argentina agreement gives it if operating conditions in the country change sharply.

An investor holds a stake in a Mexican company through a company in a third country and does not know whether, with that structure, it still counts as a Russian investor.

A Russian company is entering a joint project with a state-owned partner in the region and asks which safeguards can be written into the project documents.

What the law says

The agreement between Russia and Argentina on the promotion and reciprocal protection of investments was signed on 25 June 1998 and approved in Argentina by Law No. 25,353. The status of agreements with other countries in the region is checked against official sources at the time of advice.
Only those who fall within the treaty's definitions of investor and investment are protected; where ownership runs through a company in a third country, this has to be checked against the treaty text.
In some countries a foreign investment must be registered: in Mexico, with the National Registry of Foreign Investment within 40 working days of the investment entering the company's capital (Article 32 of the Mexican Foreign Investment Law); in Colombia, with the Banco de la República.
An investment from Russia is made in compliance with Presidential Decree No. 126 of 18 March 2022 on Additional Temporary Economic Measures to Ensure the Financial Stability of the Russian Federation in the Field of Currency Regulation and Bank of Russia working group decision No. PRG-43-11/1199 of 1 June 2026; the payment documents later serve as evidence of the investment.
Disputes with private project partners may be referred to international commercial arbitration, including the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry (ICAC), under Russian Law No. 5338-1 of 7 July 1993 on International Commercial Arbitration; recognition of awards abroad is governed by the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).
Where restrictive measures have been imposed on the Russian party, disputes involving it fall within the exclusive jurisdiction of Russian state commercial (arbitrazh) courts under Article 248.1 of the Russian Arbitrazh Procedure Code; we take this into account when drafting the dispute clause.

What we do

We check, at the time of advice, whether an investment protection agreement with the chosen country is in force.
We read the treaty text: who counts as an investor, what counts as an investment, and which disputes can go to arbitration and how.
We assess the ownership structure, direct from Russia or through a third country, and how it affects protection.
From the first payment, we build the investment record: resolutions, payment documents, local investment registration, permits and correspondence with the authorities.
Where there is no treaty, we build protection into contracts with partners: governing law, arbitration and exit mechanisms.
If a conflict arises, we help shape the position and prepare treaty notices together with a local specialist.

What we will need from you

A project description and the amounts invested at each stage.
The ownership chart up to the Russian company or ultimate beneficial owner.
Documents on payment and local registration of the investment, if any.
Contracts with partners and permits from local authorities.

HOW THE WORK IS BUILT

How the work is built

Treaty check

Status and text of the agreement with the chosen country.

at the time of advice

Structure

Whether your structure fits the treaty definitions, and options to adjust it.

depends on the task

Investment record

List of documents and how to keep them.

from the first payment

Contracts

Governing law, arbitration and exit clauses.

depends on the task

If a conflict arises

Analysis of the position, negotiations, preparing for a dispute with a local specialist.

depends on the country

NEARBY

Other services in this practice

All services in this practice

QUESTIONS

Frequent questions

Which countries in the region have such agreements with Russia?

The signing of the agreement with Argentina is confirmed by official Argentine sources. For other countries, public reference sources are not always accurate, so we check the status against official data at the time of advice before drawing any conclusions.

Does a treaty guarantee compensation?

No. It gives the investor additional rights and a dispute resolution procedure, but the outcome depends on the facts, the evidence and the arbitrators' decision. A dispute with a state is long and costly, so we first assess whether it is justified.

Should we hold the company through a third country?

There can be tax and corporate reasons to do so, but treaty protection may change as a result. We decide by weighing the tax consequences, investment treaties and sanctions risks together.

What if there is no treaty?

Protection then comes from contracts: governing law and arbitration, an exit mechanism and payment clauses. The investment record matters just as much: without it, proving the investment in any dispute is hard.

NEXT STEP

Let us discuss your situation

The consultation is free of charge when an engagement agreement is signed: on it we say what has to be done and by when.

Call: +7 (499) 460-63-47