The State Department has granted a number of exemptions from EU sanctions against Russia to allow a law firm to continue representing a Russian oligarch in a multi-billion dollar dispute in a High Court.
Simon Coveney’s department said the exemptions granted so far relate to “ongoing High Court proceedings” and legal sources say the case concerns Dmitry Mazepin, the billionaire owner of fertilizer company Uralchem and father of Nikita Mazepin, a formula 1 driver fired because of the sanctions.
Dmitry Mazepin, described in EU sanctions as “a member of Vladimir Putin’s inner circle”, is the main defendant in a lengthy High Court case that has been ongoing in Dublin since 2016 over control of TogliattiAzot (ToAZ), a fertilizer producer in the Value of US$3, running bn (€2.9bn). Four Caribbean-registered firms have accused Mazepin and Irish-registered Eurotoaz of employing a corrupt scheme called corporate raiding to gain control of ToAZ, which is a direct competitor of Mazepin’s United Chemical Company Uralchem (UCCU).
William Fry, the Dublin-based solicitors, has represented Mazepin and related companies, while Arthur Cox is representing Eurotoaz and a related party.
Both firms said they wanted to step down in the lawsuit filed in March following Russia’s invasion of Ukraine, but could not find lawyers willing and able to intervene in the complex legal case.
The Foreign Office said the exceptions are allowed under EU rules to ensure the right of access to justice for sanctioned entities. The exceptions were approved at the request of the law firm working for the sanctioned person.
Fry’s representation of Mazepin was listed among the top cases in the firm’s online profile on the Legal 500 website, but all of those references have been removed since March.
In a statement, William Fry said: “As the court was informed on March 14, due to the invasion of Ukraine and the imposition of sanctions on Dmitry Mazepin, William Fry has decided to cease his activities for Mr Mazepin and other related defendants (the ‘UCCU Defendants’) in this proceeding.”
It said the UCCU defendants have not been able to hire new attorneys to represent them, while “claims in the case against them have been and remain extremely active.”
“In these circumstances, as notified to the court on April 4, in accordance with his professional obligations to his clients and the court, William Fry continues to represent UCCU defendants on a short-term basis to allow them time to recruit new counsel,” it said.
“This is to ensure that the UCCU defendants are not unrepresented in these motions.”
It complied with “all applicable rules and regulations in force,” it said.
Arthur Cox said he was “appalled by the horrific scenes in Ukraine and condemned the invasion… which has led to a review of all existing and all new Russia-related work”.
“At this point in time, we have decided both to reject new instructions and to halt all work related to Russia that violates our values or existing or upcoming sanctions,” it said. “Although we are subject to strict confidentiality rules and are not allowed to comment on individual clients, we can confirm that this review has already resulted in us no longer working for a number of clients.”
She supports Ukrainian refugees in Ireland and the International Red Cross.
Trafalgar Developments, Instantania Holdings, Kamara and Bairiki Inc, the four plaintiffs, have filed a disembodiment motion against Mazepin and other defendants, which is scheduled to be heard in October. Mazepin also questions the jurisdiction of the Irish courts to hear the case.
https://www.independent.ie/irish-news/news/lawyers-get-derogations-from-eu-russia-sanctions-to-represent-putin-ally-in-high-court-41910393.html Lawyers get waivers from EU-Russia sanctions to represent Putin’s ally in the High Court
