About the practice:
We represent 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
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
The rare mix of academic prowess and real world practical experience that tribunals and courts find compelling The Legal 500
…client-oriented and focused on results. I believe KK&P achieved the best possible results Chambers Europe
…extensive experience in providing domestic law expert advice in international arbitration cases Chambers Europe
Headed by the “approachable and pragmatic” Maxim Kulkov, KK&P represents clients across a wide range of international arbitration forums The Legal 500
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
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 EgeraatRead all company reviews
Projects:
ICC
Representing the client in a dispute in ICC arbitration over the client’s claim against its counterparty, one of the world’s largest manufacturers of wind turbines. The client won tenders for the production of “green” electricity and started the construction of wind farms. The wind turbines were to be produced, supplied and maintained by the opponent. However, due to the sanctions, the respondent terminated its contracts with the client, that resulted in substantial losses for the client. Thanks to the efforts of the team, the parties settled the dispute on terms which were favourable for the client.
ICC
Representing a major European construction company in ICC arbitration proceedings. Our client was involved in the construction of an elite residential complex in Moscow. After the commissioning of the building, the general contractor (an Italian company) refused to return the client the retention guarantee and set it off against a penalty for the violation of the terms of work, which reduced the client’s claim to zero. The Tribunal agreed with our arguments and decreased the amount of penalty by 60% and partly satisfied the client’s claim for the retention guarantee.
LCIA
Preparing an expert report on Russian law issues for LCIA proceedings in relation to a dispute concerning the recovery of US$1.3bn of debt under a loan agreement. The case was complicated by the respondent’s extraordinary argument that the Board of Directors of the client’s parent company lacked authority to approve commencement of the arbitration proceedings. Thanks to the expert report and persuasive testimony of Maxim Kulkov, the Tribunal issued a preliminary ruling in favour of the client and did not terminate the proceedings.
LCIA
Representing a major Russian private company in the power and heat supply industry in a dispute against a major international company offering engineering solutions for various equipment, including turbines for heat power plants. Turbines of two of the client’s thermal power plants serviced by the opponent stopped working. This resulted in more than four months of the client’s plants being idle, causing enormous losses and creating systemic and political risks associated with the need to service settlements in the autumn and winter periods.
LCIA
Preparing an expert report for an LCIA arbitration arising out of a credit line agreement. The report covers complex issues of invalidity of foreclosure of an LLC share by leaving it with the pledgee; fiduciary duties of the pledgee towards the company whose shares are pledged to it and unjust enrichment allegedly arising on its side; interpretation of an arbitration clause and applicable law clause in a situation where a pledge agreement and a financing agreement contain diametrically opposed clauses.
ICAC
Advising a global leader in the production of industrial gases on strengthening its position in a dispute with an opponent who refused to provide technical specifications for the connection to energy resources required for the client’s construction of an air separation plant. Thanks to the firm’s efforts, the client was able to avoid EUR1.2m in damages.
ICAC
Representing a claimant in a dispute involving two oilfield services companies in arbitration under ICAC Rules. The client claimed 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 and attained a revolutionary breakthrough for the sector by overcoming contractual provisions strictly limiting the contractor’s liability. To date, no comparable outcomes have ever been achieved in Russia.
ICAC
Defending Metallimpress (a general contractor) in the ICAC against a claim worth over US$65m filed by Zhoukovsky (a customer) in connection with complaints regarding the quality of work on the construction of a shopping centre. During the arbitration proceedings, 11 hearings were held, 14 expert opinions were submitted, and 7 experts were examined. The firm successfully defended the client from 75% of the claim.
The parties subsequently entered into a settlement agreement reducing the amount recovered from our client by 89% of the original 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 report, and the client defeated a US$15m 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 acted as a 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$12m 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$150m (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 (seizure of real estate) 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. The client entered into a settlement agreement with the opponent on favourable terms.
LCIA
Participating 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
Participating 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, ICAC
Representing a Russian state company in international arbitrations in three separate proceedings against Austrian and Kenyan contractors regarding the recovery of damages and fines amounting to US$97m and arising out of agreements for the preparation of documents in connection with the construction of a 550 km high-speed railway line in Libya.
The construction was suspended due to the civil war. The proceedings were complicated by the fact that most of the circumstances relating to the case took place before the war and many documents were destroyed, which made collection of evidence extremely difficult. The said disputes involved issues of Libyan, Turkish, Austrian and Russian law, so we coordinated the work of several foreign law advisers simultaneously. All the claims against our client were rejected.
ICAC, SCC, LCIA
Representing the Dutch architect, Erick van Egeraat, in the SCC over a claim for the recovery from a customer (LLC Capital Group) of debt arising out of an agreement for the performance of architectural design work and losses resulting from a copyright infringement in connection with the construction of the Federation Tower in Moscow City.
We also represented Erick van Egeraat in three arbitration cases at the ICAC and the SCC relating to disputes over debt collection and compensation for the infringement of copyright to the City of Capitals architectural project in Moscow City, the Barvikha Hills cottage estate in the Moscow Oblast, and a business centre in St Petersburg, as well as in the London Court of International Arbitration in a dispute with a Russian businessmen arising out of agreements for the development of project documentation for, and architectural supervision of, a whole range of facilities, including apartments and rooms in Mercury City Tower in Moscow City and a luxury yacht. The architect’s claims were satisfied in full.
We used creative solutions to prove infringement of the client’s copyright during the arbitration. We prepared and filed separate lawsuits with courts of general jurisdiction under which requests for collection of evidence were issued and then used in international arbitration.
ICAC
Representing Brunswick Rail, a company which leases freight railcars on the Russian market, in an ICAC arbitration regarding the recovery of US$2.5m arising out of an agreement for the lease of 225 railcars. The said amount included lease payments for use of the railcars, penalties and fines for unilateral termination, and damages. The case was complicated by the fact that the client wished to recover a significant penalty, while the Russian arbitral tribunal’s approach in such a case is to reduce a penalty if it is disproportionately high when compared to the principal debt. The case was settled on the agreed terms.
We also represented Brunswick Rail in three ICAC arbitrations in connection with the recovery of lease payments, penalties and lost profits arising out of agreements for the lease of 1,500 railcars amounting to RUB320m and US$2.5m. The proceedings were terminated due to bankruptcy proceedings being initiated in relation to the respondent.
In addition, we represented Brunswick Rail at the ICAC in a dispute regarding the recovery of RUB750m and US$10m from a railcar lessee and guarantor arising out of a lease agreement, comprising penalties for termination of the lease agreement due to the lessee’s fault, and interest and fines under the lease agreement and suretyship agreement.
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$80m for breach of confidentiality. The dispute was settled amicably.
ICAC
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.
SCC
Maxim Kulkov acted as an arbitrator in a dispute over a claim filed by an Italian producer of cooling tower equipment against a Russian customer for the recovery of in excess of EUR2.6m (10% of the supply contract price plus penalties and idle-time damages) as well as a claim for the termination of the contract.
The respondent objected to claims on the grounds that the conditions required for the payment of 10% under the contract had not been met and proceeded to file claims for the recovery of penalties for improper performance by the claimant of its obligations under the contract and for damages suffered by the it. The dispute concerned issues of equipment quality, and the installation and adjustment of cooling tower equipment designed for a state regional power plant.
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 RSPP
Maxim Kulkov acted as an arbitrator at the Arbitration Centre of the RSPP in relation to 25 different disputes arising out of electrical power industry services agreements.
ICC
Representing the client in a dispute in ICC arbitration over the client’s claim against its counterparty, one of the world’s largest manufacturers of wind turbines. The client won tenders for the production of “green” electricity and started the construction of wind farms. The wind turbines were to be produced, supplied and maintained by the opponent. However, due to the sanctions, the respondent terminated its contracts with the client, that resulted in substantial losses for the client. Thanks to the efforts of the team, the parties settled the dispute on terms which were favourable for the client.
ICC
Representing a major European construction company in ICC arbitration proceedings. Our client was involved in the construction of an elite residential complex in Moscow. After the commissioning of the building, the general contractor (an Italian company) refused to return the client the retention guarantee and set it off against a penalty for the violation of the terms of work, which reduced the client’s claim to zero. The Tribunal agreed with our arguments and decreased the amount of penalty by 60% and partly satisfied the client’s claim for the retention guarantee.
LCIA
Preparing an expert report on Russian law issues for LCIA proceedings in relation to a dispute concerning the recovery of US$1.3bn of debt under a loan agreement. The case was complicated by the respondent’s extraordinary argument that the Board of Directors of the client’s parent company lacked authority to approve commencement of the arbitration proceedings. Thanks to the expert report and persuasive testimony of Maxim Kulkov, the Tribunal issued a preliminary ruling in favour of the client and did not terminate the proceedings.
LCIA
Representing a major Russian private company in the power and heat supply industry in a dispute against a major international company offering engineering solutions for various equipment, including turbines for heat power plants. Turbines of two of the client’s thermal power plants serviced by the opponent stopped working. This resulted in more than four months of the client’s plants being idle, causing enormous losses and creating systemic and political risks associated with the need to service settlements in the autumn and winter periods.
LCIA
Preparing an expert report for an LCIA arbitration arising out of a credit line agreement. The report covers complex issues of invalidity of foreclosure of an LLC share by leaving it with the pledgee; fiduciary duties of the pledgee towards the company whose shares are pledged to it and unjust enrichment allegedly arising on its side; interpretation of an arbitration clause and applicable law clause in a situation where a pledge agreement and a financing agreement contain diametrically opposed clauses.
ICAC
Advising a global leader in the production of industrial gases on strengthening its position in a dispute with an opponent who refused to provide technical specifications for the connection to energy resources required for the client’s construction of an air separation plant. Thanks to the firm’s efforts, the client was able to avoid EUR1.2m in damages.
ICAC
Representing a claimant in a dispute involving two oilfield services companies in arbitration under ICAC Rules. The client claimed 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 and attained a revolutionary breakthrough for the sector by overcoming contractual provisions strictly limiting the contractor’s liability. To date, no comparable outcomes have ever been achieved in Russia.
ICAC
Defending Metallimpress (a general contractor) in the ICAC against a claim worth over US$65m filed by Zhoukovsky (a customer) in connection with complaints regarding the quality of work on the construction of a shopping centre. During the arbitration proceedings, 11 hearings were held, 14 expert opinions were submitted, and 7 experts were examined. The firm successfully defended the client from 75% of the claim.
The parties subsequently entered into a settlement agreement reducing the amount recovered from our client by 89% of the original 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 report, and the client defeated a US$15m 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 acted as a 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$12m 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$150m (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 (seizure of real estate) 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. The client entered into a settlement agreement with the opponent on favourable terms.
LCIA
Participating 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
Participating 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, ICAC
Representing a Russian state company in international arbitrations in three separate proceedings against Austrian and Kenyan contractors regarding the recovery of damages and fines amounting to US$97m and arising out of agreements for the preparation of documents in connection with the construction of a 550 km high-speed railway line in Libya.
The construction was suspended due to the civil war. The proceedings were complicated by the fact that most of the circumstances relating to the case took place before the war and many documents were destroyed, which made collection of evidence extremely difficult. The said disputes involved issues of Libyan, Turkish, Austrian and Russian law, so we coordinated the work of several foreign law advisers simultaneously. All the claims against our client were rejected.
ICAC, SCC, LCIA
Representing the Dutch architect, Erick van Egeraat, in the SCC over a claim for the recovery from a customer (LLC Capital Group) of debt arising out of an agreement for the performance of architectural design work and losses resulting from a copyright infringement in connection with the construction of the Federation Tower in Moscow City.
We also represented Erick van Egeraat in three arbitration cases at the ICAC and the SCC relating to disputes over debt collection and compensation for the infringement of copyright to the City of Capitals architectural project in Moscow City, the Barvikha Hills cottage estate in the Moscow Oblast, and a business centre in St Petersburg, as well as in the London Court of International Arbitration in a dispute with a Russian businessmen arising out of agreements for the development of project documentation for, and architectural supervision of, a whole range of facilities, including apartments and rooms in Mercury City Tower in Moscow City and a luxury yacht. The architect’s claims were satisfied in full.
We used creative solutions to prove infringement of the client’s copyright during the arbitration. We prepared and filed separate lawsuits with courts of general jurisdiction under which requests for collection of evidence were issued and then used in international arbitration.
ICAC
Representing Brunswick Rail, a company which leases freight railcars on the Russian market, in an ICAC arbitration regarding the recovery of US$2.5m arising out of an agreement for the lease of 225 railcars. The said amount included lease payments for use of the railcars, penalties and fines for unilateral termination, and damages. The case was complicated by the fact that the client wished to recover a significant penalty, while the Russian arbitral tribunal’s approach in such a case is to reduce a penalty if it is disproportionately high when compared to the principal debt. The case was settled on the agreed terms.
We also represented Brunswick Rail in three ICAC arbitrations in connection with the recovery of lease payments, penalties and lost profits arising out of agreements for the lease of 1,500 railcars amounting to RUB320m and US$2.5m. The proceedings were terminated due to bankruptcy proceedings being initiated in relation to the respondent.
In addition, we represented Brunswick Rail at the ICAC in a dispute regarding the recovery of RUB750m and US$10m from a railcar lessee and guarantor arising out of a lease agreement, comprising penalties for termination of the lease agreement due to the lessee’s fault, and interest and fines under the lease agreement and suretyship agreement.
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$80m for breach of confidentiality. The dispute was settled amicably.
ICAC
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.
SCC
Maxim Kulkov acted as an arbitrator in a dispute over a claim filed by an Italian producer of cooling tower equipment against a Russian customer for the recovery of in excess of EUR2.6m (10% of the supply contract price plus penalties and idle-time damages) as well as a claim for the termination of the contract.
The respondent objected to claims on the grounds that the conditions required for the payment of 10% under the contract had not been met and proceeded to file claims for the recovery of penalties for improper performance by the claimant of its obligations under the contract and for damages suffered by the it. The dispute concerned issues of equipment quality, and the installation and adjustment of cooling tower equipment designed for a state regional power plant.
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 RSPP
Maxim Kulkov acted as an arbitrator at the Arbitration Centre of the RSPP in relation to 25 different disputes arising out of electrical power industry services agreements.