The Arbitration Court of St. Petersburg and the Leningrad Region did not consider the claim of the IPOC fund against the company TST-Mobile, through which Alfa Group owns 25.1% of the shares of the mobile operator Megafon. The court agreed with the position of TsT-Mobile that the consideration of the claim should be transferred to the Arbitration Court of the Khanty-Mansi Autonomous District. The fact is that formally “TsT-Mobile” is registered in this particular district, more precisely, in Nizhnevartovsk.
The change of court, which will consider this dispute, radically changes the positions of the parties. At Alpha, they were afraid that the St. Petersburg telecoms group would be able to exert pressure on the St. Petersburg court, and in this connection they even filed a
counterclaim against IPOC at its place of registration in Bermuda, having temporarily prohibited the fund from continuing to sue Megafon’s shares. in St. Petersburg. Because of this prohibition, the trial took place in the absence of the IPOC that initiated it.
“The choice of IPOC for the location of the proceedings in St. Petersburg is not accidental,” said Alpha’s lawyer Christopher Hardman during the hearings in Bermuda. - The owner of IPOC, the current Minister of Information Technology and Communications of Russia, Leonid Reiman (
as Alpha, Reiman and IPOC thinks this claim is denied, - author's note ) comes from there, and he managed to achieve his initial success precisely due to big connections the city. In fact, the right place for the trial would be Moscow, where Megafon, or Khanty-Mansiysk is registered.
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In the IPOC itself expressed their satisfaction that the dispute was moved to another region. However, earlier in the IPOC, they had already expressed their distrust of the Khanty-Mansiysk court, which in 2004, considering one of the aspects of the same case of MegaFon,
satisfied the claim of Alpha . Then, the IPOC explained this court decision by the fact that Alfa Group has significant influence in Khanty-Mansiysk, controls the main company in the region - the oil company TNK-Nizhnevartovsk.
It is worth noting that the St. Petersburg court was almost the last hope of the St. Petersburg to regain control of MegaFon. Since 2003, when Alfa acquired the “ill-fated” 25.1% of the shares of the cellular operator, IPOC tried to prove its rights to this package in courts of various countries of the world, appealing to the option agreement it had previously concluded with the former owner of these shares. However, in May, the International Arbitration Tribunal in Zurich
declared the option illegal . But in parallel with this, IPOC filed a new lawsuit - to the St. Petersburg court, and, unlike its previous lawsuits, he demanded not to execute the option, but to
review in his favor the agreement signed in 2002 on the creation of MegaFon between its shareholders . In the current situation, IPOC still has some hope for a court in New York, in which he also recently filed a lawsuit against Alpha and also with new demands:
in America, IPOC accuses Alpha of receiving shares of Megafon fraudulently .