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Thursday, 19 January 2012 - Russian tycoon's London court battle doomed: lawyer |
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      Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Home Business Business Home Economy Davos 2012 Technology Media Small Business Legal Deals Earnings Summits Business Video The Freeland File Markets Markets Home U.S. Markets European Markets Asian Markets Global Market Data Indices M&A Stocks Bonds Currencies Commodities Futures Funds peHUB World World Home U.S. Brazil China Euro Zone Japan Mexico Russia India Insight World Video Reuters Investigates Decoder Politics Politics Home Election 2012 Issues 2012 Candidates 2012 Tales from the Trail Political Punchlines Supreme Court Politics Video Tech Technology Home MediaFile Science Tech Video Tech Tonic Opinion Opinion Home Chrystia Freeland John Lloyd Felix Salmon Jack Shafer David Rohde Bernd Debusmann Nader Mousavizadeh Lucy P. 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Wed, Jan 18 2012 Will Russia spill blood? Tue, Jan 17 2012 Obama rejects Keystone pipeline Wed, Jan 18 2012 Russian tycoon's London court battle doomed: lawyer Tweet Share this Email Print Related News Russian billionaire battle reaches London court climax Tue, Jan 17 2012 Billionaire Kremlin hopeful says Putin must change Tue, Jan 17 2012 Profile: Russian tycoon Mikhail Prokhorov turns to politics Tue, Jan 17 2012 Putin ejects Kremlin "puppet master" after protests Tue, Dec 27 2011 Tens of thousands of protesters pressure Putin Sun, Dec 25 2011 Analysis & Opinion In Citi appeal, who will speak for Rakoff? Leading Copt faces Egypt trial for insulting Islam with Mickey Mouse tweet Related Topics World » Russia » By Olesya Dmitracova LONDON | Wed Jan 18, 2012 5:59pm EST LONDON (Reuters) - Boris Berezovksy's $6 billion lawsuit against rival Russian tycoon is doomed to fail because key witnesses are dead and no written records exist of crucial agreements at the heart of the case, London's Commercial Court was told on Wednesday. The trial, expected to end on Friday with a judgment due weeks later, has pitted former Kremlin insider Berezovsky against one-time ally Roman Abramovich, the billionaire owner of Chelsea soccer club. Berezovsky, 65, says Abramovich intimidated him into selling his stake in oil firm Sibneft - the crown jewel of his business empire - at a knockdown price. Abramovich, 45, denies Berezovsky ever had an interest in the firm. "The burden of proof is on Mr Berezovsky to establish his claims," said Ali Malek, a lawyer representing an opponent of Berezovsky in a separate case that partly overlaps with the Abramovich lawsuit. There were "insuperable difficulties" in the case for Berezovsky as "the agreements were all oral". "The court would normally expect, in view of their importance, that the alleged agreements be recorded in writing or certainly evidenced in writing by contemporaneous documents and here they were not," Malek said. "The court is being asked to make findings of fact in 2012 in relation to agreements some 16 to 17 years ago... Important witnesses are dead," he added. The titanic legal battle between two of the wealthiest and most powerful men to emerge from post-Soviet Russia has provided rich media pickings ever since a tussle between the two tycoons and their retinues of bodyguards in a Hermes luxury boutique in London, when Berezovsky served Abramovich with a writ. RUSSIA'S ROARING 90s And it has thrown a powerful spotlight on the shady business dealings in Russia in the decade following the collapse of the Soviet Union, when opaque deals to sell off state assets turned a handful of insiders into the owners of multi-billion dollar natural resources companies. It is this kind of "unusual background and context" in Russia that further complicates the case, Malek said. Spoken agreements between big businessmen in Russia were not uncommon in the 1990s because they were reluctant to disclose their assets. Judge Elizabeth Gloster is also being asked to rule whether Abramovich's payments to Berezovsky were for his political patronage and protection from criminal gangs - an informal arrangement known in Russian slang as "krysha" - or dividends from Sibneft. During the morning part of Wednesday's hearing, Berezovsky appeared cheerful, sitting next to his younger girlfriend, his large legal team and bodyguards. But by the afternoon, he was yawning loudly. Abramovich did not attend Wednesday's hearing. A close ally of former Russian President Boris Yeltsin during the 1990s, Berezovsky left Russia in 2000 after falling out with Yeltsin's hand-picked successor Vladimir Putin. He says he gave up his Sibneft stake because he feared that if he refused, Abramovich would ensure Putin had the shares expropriated. Abramovich says he paid Berezovsky $2 billion for "krysha", but not as dividends from Sibneft because Berezovsky was never an owner. Abramovich has since sold Sibneft to the Russian state natural gas monopoly Gazprom. Berezovsky also accuses Abramovich of selling, without permission, his shares in aluminium producer RUSAL. (Editing by Jon Boyle) World Russia Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above.   Edition: U.S. Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom Back to top Reuters.com Business Markets World Politics Technology Opinion Money Pictures Videos Site Index Legal Bankruptcy Law California Legal New York Legal Securities Law Support & Contact Support Corrections Advertise With Us Connect with Reuters Twitter   Facebook   LinkedIn   RSS   Podcast   Newsletters   Mobile About Privacy Policy Terms of Use Our Flagship financial information platform incorporating Reuters Insider An ultra-low latency infrastructure for electronic trading and data distribution A connected approach to governance, risk and compliance Our next generation legal research platform Our global tax workstation Thomsonreuters.com About Thomson Reuters Investor Relations Careers Contact Us   Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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