About the practice:
We represent our clients in all major arbitration institutions, in ad hoc arbitrations (for example, under UNCITRAL rules), and in domestic arbitration proceedings.
Clients engage us to work on complex arbitration provisions and agreements, including non-conventional provisions, consolidation of disputes arising out of multiple agreements, and pre-trial settlements.
We also handle state court arbitration cases such as interim relief applications, recognition and setting aside of arbitral awards, sending subpoenas, etc.
Our experience includes representing clients in the following arbitration institutions:
Reviews:
“KK&P is able to manage complex international arbitrations with consummate professionalism and efficiency in terms of response times, complying with challenging directions and communicating eloquently and persuasively with the tribunal and the opposing party. They are also excellent forensic lawyers with excellent attention to detail with the ability to identify minute details that advance a client’s case even where these are buried in extensive evidence. Maxim Kulkov and Oleg Kolotilov embody these qualities. In addition, Maxim Kulkov is a formidable trial lawyer who has very persuasive advocacy skills”The Legal 500, 2021
“KK&P Lawyers is a boutique dispute resolution firm – and one of the leading (if not the leading) firm of this kind in Russia. The firm has unrivalled arbitration experience – both domestic and international – in the capacity of either sole counsel or co-counsel working alongside other firms or lawyers on cross-border disputes”
The Legal 500, 2021
“The rare mix of academic prowess and real world practical experience that tribunals and courts find compelling”
The Legal 500, 2021
“…client-oriented and focused on results. I believe KK&P achieved the best possible results”
Chambers Europe, 2021
“…extensive experience in providing domestic law expert advice in international arbitration cases”
Chambers Europe, 2021
“Headed by the ‘approachable and pragmatic’ Maxim Kulkov, KK&P represents clients across a wide range of international arbitration forums”
The Legal 500, 2018
“KK&P’s professional, competent and proactive group has a vast level of experience across major international arbitration forums. Maxim Kulkov and Oleg Kolotilov are the key figures, acting for clients such as Brunswick Rail and Siberian Anthracite”
The Legal 500, 2017
“Over many years, Maxim Kulkov has proved his ability to resolve the most complicated issues. He has successfully represented me and my architecture bureau three times in international arbitrations in Moscow and Stockholm. The fourth dispute was settled even before its filing with the court”
Erick van Egeraat, 2015
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Projects:
ICAC at the Russian Chamber of Commerce and Industry
Representing a claimant in a dispute involving two oilfield services companies in arbitration under ICAC Rules on compensation for restoring the hermetic seal of an ultradeep oil well after defective cementing works by the defendant. The firm won over 90% of the claim.
ICAC at the Russian Chamber of Commerce and Industry
Defending Metallimpress (a general contractor) in the ICAC against a claim worth over US$65 million filed by Zhoukovsky (a customer) in connection with complaints regarding the quality of work on the construction of a shopping centre. The firm successfully defended the client from 75% of the claim.
SCC
Preparing an expert report by Maxim Kulkov in an SCC case with regard to the statute of limitations for a contractor agreement. The client was a contractor for a leading Russian producer of nickel. The Tribunal agreed with Maxim Kulkov’s opinion, and the client defeated a US$15 million claim.
SCC
Representing a client before the SCC in a dispute over the termination of a premium hotel management agreement. The successful recovery of lost profits over the next 40 years of contract execution was especially valuable for the client in the context of parallel bankruptcy cases in Russia.
SCC
Maxim Kulkov was Tribunal Chair in an SCC arbitration between a major Russian EPCI contractor in oil and gas industry and a European largest energy and engineering company, concerning the recovery of US$12 million under a services agreement in connection with gas turbine generators supplied for the development of an oil field in the Caspian Sea.
ad hoc UNCITRAL
Representing Ukraine in the case of Tatneft’s application for recognition and enforcement of an investment arbitral award worth approximately US$150 million (the first case to be heard in Russia on the recognition and enforcement of decisions of an international investment arbitration against a foreign state).
LCIA
Representing a co-owner of a supermarket chain in the process of applying for interim measures in support of an LCIA arbitration initiated in England and a dispute in Cyprus in connection with the violation of a shareholders’ agreement (SHA) regarding management of large shopping centres in Moscow and the Moscow Region.
LCIA
Participation by Maxim Kulkov as a Russian law expert in an LCIA arbitration regarding a long-term corporate dispute between the owners of one of the largest coal deposits in Russia over the issue of violation of parity in business management.
SCC
Advising a respondent (a foreign state) in connection with a claim submitted to the SCC for damages resulting from the alleged expropriation of a claimant’s assets regarding the ambiguous issue of the legal status of the claimant, namely, the correlation between state corporation and public-law entity status.
LCIA
Participation by Maxim Kulkov as a Russian law expert in the LCIA arbitration in a dispute arose out of a SHA and a personal guarantee under English law on the issues of the arbitrability of corporate disputes, the possibility of an indirect shareholder bringing a derivative claim, and Russian law on major interested-party transactions.
LCIA
Preparing an expert report by Maxim Kulkov for an LCIA arbitration under UNCITRAL Rules between the client and a major Cyprus investment company. The dispute arose out of a REPO with the client and the Global Master Repurchase Agreement 2000 (GMRA) under English law.
VIAC and ICAC
Defending a Russian state corporation in a dispute with contractors regarding the recovery of damages and fines amounting to US$97 million and arising out of agreements for the preparation of documents in connection with the construction of a high-speed railway line in Libya.
ICAC, SCC and LCIA
Defending the architect, Erick van Egeraat, in an arbitration relating to a copyright infringement in connection with the construction of the Federation Tower in Moscow City and a number of other facilities.
ICAC at the Russian Chamber of Commerce and Industry
Five arbitrations worth a total of US$30 million, arising out of railcar supply and lease agreements entered into by Brunswick Rail.
ICAC at the Russian Chamber of Commerce and Industry
Defending a coal producer in connection with a claim brought by a contractor for recovery of a debt under a services agreement and the client’s counterclaim on improper performance of services.
LCIA
Representing a major bank in a dispute on the recovery of debt from a businessman arising out of an English-law guarantee in connection with the breach of a loan agreement by one of his companies and with regard to a counterclaim by the businessman worth US$80 million for breach of confidentiality. The dispute was settled amicably.
ICC
Representing an Italian supplier in an arbitration of a dispute arising out of a contract for the supply of equipment to a Russian brickworks.
ad hoc UNCITRAL
Representing a French oil and gas company in an arbitration of a dispute with Russian regions related to the recovery of damages and loss of profit under a production sharing agreement.
Arbitration Centre of the Russian Union of Industrialists and Entrepreneurs of Russia (RSPP)
Maxim Kulkov participated as an arbitrator at the Arbitration Centre of the RSPP in relation to more than 20 different disputes arising out of electrical power industry services agreements.
SCC
Maxim Kulkov participated as an arbitrator at the SCC in a dispute over a claim for €2.6 million brought by a foreign manufacturer against a Russian company for the recovery of the cost of the price under a contract for the supply of equipment to a state regional power plant.