About the practice
In 2022–2023, KK&P Trial Lawyers’ Sanctions Practice was recognised by the following authoritative Russian legal market directories:
The firm has more than 20 sanctions projects worth a total of appr. $17bn, some of which have set trends for sanctions and anti-sanctions laws.
The firm is strengthening its traditional dispute resolution vector by defending clients in cases related to the impossibility of contract performance or the conduct of business due to state restrictions.
In addition, the Sanctions team, together with the Corporate and M&A team, advises clients on their business strategy and its implementation subject to the restrictions.
Maxim Kulkov
Managing partner, Head of Sanctions
The firm conducts sanctions compliance audits of counterparties and certain activities, given the increasing risk of individuals being included in the sanctions lists, as well as their being indirectly affected by sanctions.
The firm’s lawyers are involved in many precedent-setting sanctions cases, which is essential for the purposes of providing premium-level services in this dynamic area.
Our services include:
Reviews:
“KK&P Trial Lawyers’ team is unique in its ability to combine the highest quality of its work with client service. For a year of work on the project, we did not have a single hitch on organizational issues, not a single agreed condition was violated, which allowed us to feel that the fate of our project was in good hands and we can rely on KK&P for any matter …” The Legal 500
Projects:
Representing the client in a dispute under the ICC Rules in Stockholm 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...
Advising a major global leasing company on Russian sanctions regulations in a litigation in an English court. The dispute arose between the client and insurance companies, which refused to treat the failure to return more than one hundred aircraft leased to Russian airlines due to Russian export restrictions as an insured event.
Defending a German global bank in a dispute against a subsidiary of Gazprom, in whose favour the client had issued a bond on behalf of a supplier, a multinational chemical company, in the amount of approximately EUR 93m in connection with deliveries for a liquefied natural gas plant. Due to sanctions, the supplier was unable to fulfil its obligations under the contract and the opponent therefore turned...
Defending an investment company before the Limassol District Court in relation to the claims brought against the client by its customers. The dispute arose out of the client’s inability to conduct securities transactions due to its being included in sanctions lists. The team is defending the client against the claims by developing a comprehensive legal position on the issue of recognising sanctions as a force majeure circumstance.
Defending Goldman Sachs in a dispute over a claim brought by VEB.RF, which applied to the Commercial Court of Moscow to recognise the exclusive jurisdiction of the Russian arbitration courts under Article 248.1 of the Commercial Procedure Code of Russia, as well as for the recovery of the termination amount from our client. The dispute arose out of a cross-currency interest rate swap concluded between the parties...
Defending one of the largest U.S. banks in a dispute with a sanctioned Russian bank. Due to the sanctions imposed by the US and the UK, our client transferred the opponent’s assets – totalling US$25m – to a special blocked account. Due to the opponent’s claims, which insist that the obligation has not been fulfilled, our client may face difficulties in leaving the Russian market and fulfilling obligations to other counterparties.
Defending Shell’s subsidiaries in a dispute with GPN-Salym Projects LLC (a subsidiary of Gazpromneft) over the reorganisation of a branch of foreign company Salym Petroleum Development N.V. into the Russian company Salym Development LLC, which became possible as a result of Russia’s introduction of counter-sanctions measures against companies intending to leave the Russian market.
Representing a major agricultural company in the recognition and enforcement of arbitral awards rendered by an international commercial arbitration court in London (FOSFA) against a Russian company in a dispute over wrongful termination of contract (a supply contract violation). The specifics of the case were the prospect of recognising an arbitral award arising out of a contract subject to international economic sanctions.
Supporting a part of the client’s global acquisition of assets of a world leader in optical solutions. The transaction covers about 60 jurisdictions, in each of which the local consultant provides business due diligence and support of applicable corporate procedures. The transaction is complicated by a sanctions component, as well as by the use of a rare asset transfer structure involving the transfer of property instead...
Defending a client – a major railcar leasing operator, – in a dispute with two transport companies to which our client had leased railcars under a long-term relationship. Due to the fact that the transferred railcars were actually and legally arrested in Ukraine due to sanctions, the lessees refused to pay the rent, including by referring to the force majeure circumstance confirmed by a certificate of the Chamber of Commerce...
Advising the client, a major Russian private group of companies, in connection with potential litigation relating to replacement of a management company (general partner) of an investment fund (exempted limited liability partnership) in the Cayman Islands. The replacement was caused by sanctions which had been imposed on the beneficiary of one of the fund’s partners. The replacement was effected by the firm without trial.
Developing a defence strategy for a one of Russia’s largest distributors of telecommunications equipment. Due to the imposition of sanctions on the import of high-tech equipment into Russia, the client’s Taiwanese counterparty could not supply the equipment directly to the client. To overcome the problem, the client entered into an agreement with a Turkish intermediary who was to purchase the equipment in Taiwan...
Advising an international Swiss investment bank on interaction with counterparties in the context of sanctions and restrictive measures imposed on the territory of Russia by decrees of the President of the Russian Federation in February–March 2022. We also developed a strategy for negotiations with an opponent – an investment company and a leader in the futures and options market by the amount of its clients’ operations...
Advising a Russian transport company on the consequences of sanctions against Libya, including their impact on a construction contract: suspension of the contract, exemption from liability, qualification as force majeure, timing, procedure and consequences of termination of the contract, and risks of destruction of equipment and a construction facility.
Advising the client’s beneficiaries’ private office on sanctions, corporate and other issues related to the management of a Russian company. The firm’s goal is to ensure the stable and uninterrupted operation of the group and the protection of investments.
Preparing a legal opinion on the particularities of the implementation of the British Virgin Islands sanctions regime in relation to companies that are indirectly controlled by a person on the UK sanctions lists for the purpose of re-domiciliation of a company from the BVI to Belize.
Advising a major Russian shipping company in connection with sanctions against Iran, including on the possibility of entering into various types of contracts and payment arrangements.
Preparing and implementing a dispute strategy in relation to a claim brought by a Russian industrial equipment manufacturer against a foreign counterparty that unilaterally terminated a contract. Our work includes analysis of the client’s ability to invoke legal provisions protecting Russian persons from the consequences of sanctions imposed by foreign...