Preparing an expert opinion and giving evidence before the High Court of England and Wales in Tatneft v Bogolyubov on over a hundred issues of Russian law. After a 12-week trial, the High Court agreed with the testimony of Maxim Kulkov. As a result, the firm’s efforts helped the defendants defeat a US$300m claim.
Preparing an expert opinion and giving evidence before 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. Maxim Kulkov’s expert evidence helped to defeat a US$40m claim against the defendants.
England, Bermuda, Cyprus
Representing a client in a dispute with one of the richest Russian businessmen according to Forbes, in connection with the illegal deprivation of the share of our client in a large Russian bank. The dispute is complex, providing for representation in Cyprus, Bermuda, Russia and the UK.
Preparing an expert report for the LCIA in a dispute over the recovery of debts under two loan agreements totalling $1.3bn. The dispute is complicated by the defendant’s argument that the board of directors of the client’s parent company has no authority to approve the initiation of arbitration proceedings.
Participation by Maxim Kulkov as a Russian law expert in an LCIA arbitration of 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.
Preparing an expert report on Russian law for the High Court regarding whether a Russian court would recognise and give effect to a restructuring scheme involving a group of the world’s largest investment banks and groups (including The Big 4). The court sanctioned a restructuring scheme, basing its decision, inter alia, on Maxim Kulkov’s report.
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 REPO agreements with the client entered into in accordance with the Global Master Repurchase Agreement 2000 (GMRA) under English law. The crucial issue for the dispute was the qualification of types of temporary administration under Russian law as a bankruptcy procedure and the corresponding occurrence of an Event of Default under English law.
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.
Advising the client on the possibility of filing a conspiracy claim with an English court on recovery of damages caused by interim relief introduced by a Cyprus court.
Representing a co-owner of a supermarket chain in the process of applying for interim measures in support of an LCIA arbitration and a dispute in Cyprus in connection with the violation of a shareholders’ agreement (SHA) regarding management of large shopping centres. The client entered into a settlement agreement with the opponent on favourable terms.
Coordinating Cyprus proceedings related to a corporate conflict between a client and his business partner, who together owned an elite housing estate in Moscow on an equal footing. Without the client’s consent, the partner transferred the estate to third parties under his control at a reduced price, which resulted in the client losing US$110m.
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.
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.
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.
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.
Representing a major Russian bank in relation to interim relief measures taken by an English court. Obtaining English law opinions for Russian courts. Obtaining English court orders in relation to the transfer of shares in a Russian company. Preparing a Russian law witness statement for an English court. Advice on English defamation law. Representing Interstate Bank before Companies House with regard to its liquidation. Representing a Russian transport company before LCIA. Tracking a debtors’ assets in the UK.
Representing a major industrial equipment producer in enforcement of a Russian arbitral award in Cyprus. Obtaining Cyprus law opinions for a Russian court. Representing of Russian industrial company owned by large banks with state participation, while recognizing of the Russian arbitral award in Cyprus.
Advising a Russian contractor in relation to the VIAC proceedings. Advising a client in relation to securing evidence in Austria. Advising a major state-owned company in relation to Austrian defamation law. Representing a Russian construction company in relation to interim relief measures introduced by an Austrian court. Advising a Russian contractor in relation to implementation of UN sanctions in Austria.
Representing clients in court cases before various courts in relation to a transportation agreement and interim relief granted by an Italian court. Advice on defamation law. Advice to a Russian contractor in relation to a bank guarantee issued by an Italian bank. Advice in relation to enforcement of a foreign arbitral award in Italy.
Advice on recognition in Germany of a Russian domestic arbitral award and related interim relief measures. Advice in relation to anticorruption, criminal material and criminal procedural law. Advice in relation to German defamation law. Advice in connection with a bank guarantee issued by a German bank. Advice in relation to interim relief granted by a German court. Advice in relation to implementation of UN sanctions in Germany.
Obtaining interim relief in favour of the client from a French court.
Advice on French defamation law.
Advice in relation to a bank guarantee issued by a French bank.
Representing the client in pre–court settlement proceedings before the special pre–court settlement agency (Vermittleramt).
Advising a Russian state-owned company in relation to its being entered into the shareholders’ register of a Swiss firm.
Advising on Hungarian corporate and contractual law.
Obtaining a Hungarian legal opinion for a Russian court.
Advice regarding enforcement of foreign court decisions in Hungary.
Baltic region countries
Advice on a potential dispute with a state agency in Latvia.
Advice regarding enforcement of foreign court decisions in Estonia.