For the last 10 years Sergey represents Russian and foreign clients in arbitration proceedings, insolvency cases, recognition and enforcement of foreign arbitral awards, construction cases, corporate disputes and disputes arising out of international trade agreements.
Sergey is recognised by the international legal directory Best Lawyers (“International Arbitration” and “Litigation”) and by top Russian directory “Pravo.ru – 300” as leading individual in “Commercial Litigation (high market)” and “International arbitration” categories.
Sergey is included in the Guide to Next Generation of Russian Arbitrators
In 2020 Sergey has been listed among top 10 young arbitration practitioners by the Russian Arbitration Association.
Examples of his work are given below.
Projects:
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.
Representing International Bank of Azerbaijan (IBA), Azerbaijan’s largest bank, in a dispute with Russia’s major bank, Sberbank, in proceedings for the recognition of the judgment on IBA’s US$3.3 billion debt restructuring. The dispute, for the first time, demonstrated the legal position of the courts of the Russian Federation on the consequences of the decision of a foreign court adopted in the framework of the UNCITRAL law.
Participation in preparing an expert opinion for the High Court of England and Wales on a number of Russian law issues, including recovering damages in connection with the alleged rigging of an auction in the Yukos bankruptcy case (Yukos Finance B.V. & Ors v Stephen Lynch & Ors). The firm’s efforts helped to defeat a US$40 million claim by the former management of YUKOS Oil Company against the defendants.
Representing the interests O1 Properties Group companies in the bankruptcy case of a large office centre in Moscow. Following the results of a year of confrontation with TRUST Bank in a bankruptcy case and three parallel processes worth US$97 million in total, we managed to achieve settlement of the dispute on the most favourable terms for the client.
Participation in preparing an expert report 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.
Representing Raiffeisenbank in the case of the bankruptcy of a debtor with a debt of over US$53 million secured by the pledge of a Russian shopping centre. The project was successfully implemented, despite disputes on subordination, unauthorised construction, invalidity of collateral and a chain of restructuring transactions.
Representing RBC, one of the largest Russian media holdings, in a dispute over a claim by Independent Oil and Gas Company (NNK) for the recovery of RUB500m for damage to business reputation allegedly caused by an article published by RBC about a transactions between NNK and Rosneft. The firm’s efforts helped to defeat the claim against our client.
Representing Yamal LNG (Russia’s largest liquefied natural gas plant, named Project of the Year by Forbes in 2018) in a dispute over the quality of aviation fuel.
Defending Nestle Russia in a dispute over a claim by NLMK Kaluga, the largest producer of rolled steel for the construction industry in central Russia, in a case involving reclamation of real estate located in the Kaluga Region owned by the client and invalidation of sales agreement.
Representing Caterpillar Financial in 11 cases concerning claims issued against the Client by the Lessee for unjust enrichment which arose out of the redemption value of machinery.
Insolvency of Russian glass manufacturers who had taken out loans with a Czech export bank, including enforcement of pledge, and disputes with sureties and unscrupulous lenders.
Returning control of land plots in the Krasnodar region to P.P.F. Group holding as a result of winning a dispute over the invalidation of an agreement for the sale and purchase of interests.
Representing the supplier, Bonatrans Group, in relation to the bankruptcy of a Russian tram manufacturer.
A dispute over the recognition and enforcement in Russia of a decision by the Arbitration Court Attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic.
A dispute over enforcement of pledged real estate in the Moscow Oblast.