Arne Ots
Partner
Head of Dispute Resolution practice group
+ 372 640 7170
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Arne Ots is one of the most widely recognised litigation and public procurement specialists in Estonia. Over the years he has advised both procurement vendors and bidders in procurement processes and related disputes. He has also organised a large number of seminars and trainings in the field for various companies in the energy, IT, construction and health care sectors. In addition to his profound experience in the procurement area, Arne has years of experience in advising clients in litigation in Estonian courts, bankruptcy proceedings, international arbitration cases in Estonia and abroad, in labour law matters as well as in white collar crime cases.
He has spoken at a number of local and international conferences, forums and seminars on issues related to the above-mentioned fields.
Arne Ots
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Ellex won Benchmark Litigation Europe Award in four categories
We are glad to announce that Ellex has won the following awards at the prestigious Benchmark Litigation Europe Awards ceremony: “Dispute Resolution Firm of the Year in Estonia”, “Dispute Resolution Firm of the Year in Lithuania“, also our litigation Partner Arne Ots was awarded the title of “Lawyer of the Year in Estonia” and Partner Andrius Smaliukas received the title “Lawyer of the Year in Lithuania”. Arne Ots and Andrius Smaliukas collected the award on Ellex’s behalf at the ceremony in London on Wednesday, 15 May.
Benchmark recognises the leading law firms and lawyers active in dispute resolution through its annual rankings and awards. The winners have been chosen using the research for the Benchmark Europe publication in the final quarter of 2018, with some supplementary surveys and research in January and February 2019. Benchmark has been covering the United States disputes market since 2008. Since then the guide has expanded into Asia, Canada, Latin America and, since 2018, Europe.
Read more Here.
Ellex Raidla is representing the Government of the Republic of Estonia in disputes concerning forced mergers of local governments
Ellex Raidla represents the Government of the Republic of Estonia at the Supreme Court in the 11 constitutional review proceedings concerning applications of local councils to declare unconstitutional forced mergers regulations adopted by the Government of the Republic of Estonia.
According to the Territory of Estonia Administrative Division Act, the Government of the Republic of Estonia was obliged to initiate an amendment of the administrative-territorial organisation to all local governments whose population is less than 5,000 residents as at 1 January of the current year and who did not meet any of the conditions for the application of the derogation, as provided in the Territory of Estonia Administrative Division Act.
The Constitutional Review Chamber of the Supreme Court discussed the applications submitted by written procedure on 5 and 12 September. The Supreme Court has 4 months to make a decision upon receipt of a valid application.
Ellex Raidla team involved Senior Partner Jüri Raidla, Partner Arne Ots, Senior Associate Martin-Johannes Raude and Associate Kristel Urke.
We represented AS Ekspress Grupp in disputes concerning the approval of the media group’s annual reports
Our Partner Arne Ots and Senior Associate Martin Raude represented media group AS Ekspress Grupp in disputes concerning the approval of the annual reports of the media group against Grupivara OÜ who had pursued an action in the name of the AS Ekspress Grupp. The action brought by the OÜ Grupivara relied on grounds that the goodwill of AS Ekprerss Grupp’s on-line news portals Delfi Eesti and Delfi Latvia should have been written down in the annual report, in which case no distributable profit would be arisen.
On 30 August, the Supreme Court did not accept the appeal in cassation of OÜ Grupivara with regard to the decision of a general AS Ekspress Grupp shareholders' meeting to approve the annual report 2013 as well as the profit sharing plan. In this connection the decision of Harju county court of 14 November 2016 entered into Forde, rejecting the action, brought by the OÜ Grupivara, for the nullity of the decisions of the general meeting of shareholders of AS Ekpress Grupp dated 20 June 2014.
We successfully represented EuroPark in Supreme Court
Ellex Raidla team successfully advised Estonia’s largest parking service provider EuroPark in relation to the use of private parking places.
Parking in private parking places has been clarified. This week the Supreme Court delivered three important decisions in the Euro Park cases which ensured that a private parking place operator has the right to displace a car if it is necessary. The decision has a disciplinary effect on those who have until now not paid the parking fee in private parking places, writes Ellex Raidla attorney Martin-Johannes Raude, representative of EuroPark in the case.
The Ellex Raidla team comprised partner Arne Ots and attorney Martin-Johannes Raude.
Ellex Raidla represented Government of the Republic of Estonia in administrative reform dispute
At the public hearing of the Constitutional Review Chamber of the Supreme Court on 4 September 2016, Ellex Raidla senior associates Jüri Raidla and Arne Ots outlined important arguments according to which the administrative reform is in compliance with the Constitution.
Pursuant to the administrative reform adopted by the parliament, local governments had to initiate merger negotiations by 1 October. 26 local governments requested the Supreme Court to repeal the provisions of the Administrative Reform Act.
The Constitutional Review Chamber of the Supreme Court found that of the provisions disputed by the 26 local governments only subsection 24 (1), which set the limit of covering the costs of the merger initiated by the government at 100,000 euros, is in conflict with the Constitution. The Chamber repealed the said provision.
The Ellex Raidla team that advised the dispute of the constitutional review of the administrative reform included partners Jüri Raidla, Arne Ots and senior associate Martin-Johannes Raude.
Questions and updates related to the Republic of Estonia in administrative reform dispute can be addressed to our expert:
Our Partner Arne Ots is available to advise you
+ 372 640 7170
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Analysis “Determining the estimated cost of a public procurement” conducted at the initiative of Ministry of Finance and Ellex Raidla
The analysis “Determining the estimated cost of a public procurement” was commissioned by the Ministry of Finance and conducted by Senior Associate Martin-Johannes Raude and Partner Arne Ots of Ellex Raidla. Determining the estimated cost of a public procurement is an essential part in planning a public procurement and it affects the choice of proper procedural rules which apply to the specific public procurement. The estimated cost of a public procurement has to be determined proceeding from the requirements provided in the Public Procurement Act, primarily in sections 20–24. It should also be specified how the object and period of the public procurement should be defined in determining the estimated cost.
Analysis “Contracting for research and development services” conducted at the initiative of Ministry of Finance and Ellex Raidla
On 10 October the analysis “Contracting for research and development services” was published. The analysis was commissioned by the Ministry of Finance and conducted by Senior Associate Martin-Johannes Raude and Partner Arne Ots of Ellex Raidla. The main aim of the analysis was to provide an overview of determining the research and development services contracted for on the basis of clause 14 (1) 11) and subsection 14 (4) of the Public Procurement Act and the practice of contracting these services in European Union member states.
Ellex Raidla successfully represented Ms Reet Raukas in a dispute related to the erection of wind turbines in Hanila Parish, Estonia
Ms Reet Raukas filed a complaint with the administrative court in which she applied for revocation of the detailed plan for the erection of new wind turbines in Esivere Village, Hanila Parish, Estonia. In its judgment of 8 August 2016, the Estonian Supreme Court ruled in favour of Ms Raukas and revoked the detailed plan. In its landmark case the Supreme Court held that Hanila Parish had failed to duly assess the noise produced by the wind turbines, the interests of the local residents and the need to protect a Natura 2000 site.
The client was represented by Mr Arne Ots (partner, head of Dispute Resolution practice group) and Ms Kaisa Laidvee (associate).
Ellex Raidla successfully represented BLRT Grupp AS and its shareholder Algaves OÜ in a dividend dispute
The minority shareholders of BLRT Grupp AS filed a claim with a court to request dividends pursuant to minutes that seemingly reflected a general meeting of shareholders that in fact had not taken place.
The dispute covered both the authenticity of the minutes as well as the request for dividends. The courts found that there is no basis for ordering dividends pursuant to minutes drawn up by the minority shareholders.
What raises questions in this case is that the Estonian judicial authorities did not regard a claim made on a basis of fabricated minutes as something that would belong to the field of criminal law.
The clients were represented by partner Arne Ots and senior associates Neve Uudelt and Martin-Johannes Raude.
Successful representation of Nordecon AS in public procurement dispute with Riigi Kinnisvara AS
Ellex Raidla represented Nordecon AS, one of the largest construction groups in Estonia, in public procurement dispute with Riigi Kinnisvara AS, real estate service company established by the Republic of Estonia.
Riigi Kinnisvara AS organized a public procurement proceeding for reconstruction works of Ugala Theatre building. AS Nordecon successfully challenged the procurer’s decisions on qualification of competing bidder and, as a result, achieved the the procurement contract with the value exceeding EUR 7,8 million.
Nordecon AS was advised by our partner Arne Ots and senior associate Martin-Johannes Raude.
Represented Prisma Peremarket AS in a criminal matter regarding accusation of violation of the Competition Act
Ellex Raidla partner Arne Ots and associate Kerstin Linnart-Herm represented Prisma Peremarket AS, one of the largest hypermarket chains in Baltic/Nordic region, in a criminal matter regarding accusation of violation of the Competition Act.
The accusation is focused on alleged price fixing with other food retailers on the price of low-cost vodka. It is noteworthy that the alleged price fixing took place through the medium of a local alcohol production company, i.e. the alleged coordinated behaviour did not involve direct contacts between the retailers but each of them had contacts with the alcohol production company.
The accusation is focused on alleged price fixing with other food retailers on the price of low-cost vodka. It is noteworthy that the alleged price fixing took place through the medium of a local alcohol production company, i.e. the alleged coordinated behaviour did not involve direct contacts between the retailers but each of them had contacts with the alcohol production company.
The matter is one of the 3 largest cartel criminal cases in Estonia, currently the dispute is on the 2nd court level. Our firm has been representing clients in all the three largest cartel criminal cases that have taken place in Estonia and two of them have ended successfully for our clients.
Industry
Consumer & RetailField of practice
EU & Competition
We represented Helmes AS in the Arbitration Court against its client under a software development contract
Ellex Raidla partners Arne Ots and Ants Nõmper represented HELMES AS, the leading IT company in Estonia, in the arbitration case where HELMES claimed full payment for the software development under a respective contract with the client.
The arbitration court fully satisfied the claim of HELMES.
Industry
TechnologyField of practice
IP & ITDispute Resolution
Dispute over the ownership of shares of BLRT Grupp Aktsiaselts
Ellex Raidla partner Arne Ots and senior associate Neve Uudelt represented successfully a buyer of shares of BLRT Grupp in two similar disputes where the sellers claimed the shares back on the argument that the sales agreements were not valid. The claimants argued that the seller misused their incompetency, resulting in a sale of shares far below the market price. The court ruled in favour of the buyer.
Industry
TransportField of practice
Corporate, M&ADispute Resolution
Representing Sõbra Ärikeskus OÜ in a dispute over lease contracts with Bauhof AS
Ellex Raidla partner Arne Ots and associate Marika Kütt represented Sõbra Ärikeskus OÜ in the dispute against Bauhof Group AS over validity of four lease agreements. The dispute arouse when the lessee Bauhof Group AS unilaterally cancelled one of the lease agreements and reduced the rent stipulated in three others.
The court of 1st instance issued a partial judgment in favour of Sõbra Ärikeskus OÜ which was left in force by the court of 2nd instance. Thereafter the parties concluded a compromise agreement with which Bauhof Group AS took the obligation to pay to Sõbra Ärikeskus OÜ the whole collectable rent debt and interest. The conditions of lease contracts were also modified.
Representing Elering AS in a public procurement dispute over the terms of procurement documents for "Construction of Ranna-Ida 110 kV cable lines“
Ellex Raidla partner Arne Ots and senior associate Neve Uudelt successfully represented Elering AS, the Transmission System Operator who manages the Estonian electricity system in real time, in a public procurement dispute over the terms of procurement documents for "Construction of Ranna-Ida 110 kV cable lines“.
Elering AS is an independent electricity system operator in Estonia whose main duty is to guarantee high-quality electricity supply to Estonian consumers at all times. The cable lines being constructed were meant to secure the power network in the city center of Tallinn, Estonia.
Elering AS is an independent electricity system operator in Estonia whose main duty is to guarantee high-quality electricity supply to Estonian consumers at all times. The cable lines being constructed were meant to secure the power network in the city center of Tallinn, Estonia.
Industry
Energy & InfrastructureField of practice
Commercial & ComplianceDispute Resolution
Representing Olympic Entertainment Group AS in a civil case concerning escrow account agreement
Ellex Raidla partner Arne Ots and associate Marika Kütt advised Olympic Entertainment Group AS, the leading provider of gaming services in the Baltic States, and it operates casinos in Poland, Slovakia, Belarus and Italy, in a civil case where the parties argued over the right to the amounts our client transferred to the escrow account in relation to transaction between third parties in a situation where the third party agreement, in relation to which the escrow agreement was concluded, failed.
This is the first essential dispute arising from escrow agreement in Estonian court practice.
This is the first essential dispute arising from escrow agreement in Estonian court practice.
Advised Elektrilevi OÜ in concluding a contract for installation of remote-readable meters
Ellex Raidla advised Elektrilevi OÜ, the main supplier of electricity in Estonia, in the public procurement for the supply and installation of nearly 630,000 remote-readable meters across Estonia. The contract was concluded with Ericsson Estonia and a total of nearly 94 million Euros will be invested in the purchase and installation of the meters and the accompanying IT systems.
The firms´ work included preparation of procurement documents and the contract as well as representing the client in disputes and negotiations concerning the procurement. The project team included partner Arne Ots, counsels Jaanus Ikla and Triin Frosch and senior associate Neve Uudelt.
Under the Grid Code, all standard electricity meters in Estonia must be replaced with remote-readable meters by the end of 2016 at the latest. These smart meters will exempt consumers from the obligation to report meter readings and serve to simplify the functioning of the electricity market. Remote-readable meters will provide the network operator with a better overview of what is happening in the network. They will also expedite the elimination of failures and serve to help reduce losses as well as improve capacity and investment planning. Within the framework of the procurement contract, Ericsson Estonia will supply the meters as well as conduct the installation and provide the required IT systems.
Industry
Energy & InfrastructureField of practice
Corporate, M&A
Education
University of Tartu, Estonia
Bachelor of Laws (LL.B.), officially equivalent to MA
Bachelor of Laws (LL.B.), officially equivalent to MA
Memberships
1999–…
Estonian Bar Association
Member
Member
1999–…
CCBE Estonian Committee
Member
Member
Publications
Global Legal Insights – International Arbitration 2020
2020
Global Legal Insights – International Arbitration 2020
Global Legal Insights to International Arbitration 2020 is now live and free to access. Ellex Raidla partner Arne Ots, senior associate Maria Teder and lawyer Karl Kreevald were the contributors of the Estonia chapter to this year’s edition.
Their chapter is available to read HERE and learn more about our experience in arbitration.
Procuring Infrastructure PPPs 2018 report
2018
Procuring Infrastructure PPPs 2018 report
Procuring Infrastructure PPPs 2018 report is now finalized and available online HERE.
You can use the following hyperlinks to directly download the PIP3 2018 Executive Summary and PIP3 2018 Full Report. You can also read the highlights of the report in the following blog: http://blogs.worldbank.org/ppps/why-we-need-more-systematic-data-get-ppps-right
Ellex Raidla participated in compilation of the third Benchmarking Public Procurement 2017 report
2016
Ellex Raidla participated in compilation of the third Benchmarking Public Procurement 2017 report
Our partners Raino Paron, Arne Ots and senior associate Rauno Klemm participated in the third Benchmarking Public Procurement 2017 that is realised by the World Bank Group.