KK&P Partners took part in London International Disputes Week 2025
KK&P Partners Maxim Kulkov and Nikolay Pokryshkin participated in a Case study on the impact of sanctions, ASIs and insolvency in dispute resolution between Russian and Western companies – an event prepared jointly with Belgravia Law and Radcliffe Chambers.
Speakers considered a fictitious dispute arising from an EPC Contract for construction of a power plant in Russia, which was concluded between Russian and Western companies.
The speakers discussed issues related to the approaches of foreign companies to making decisions on the extent of their participation in Russian litigation:
- Should Western company take part (and if so, to what extent?) in the Russian court proceedings?
- How effective would anti-suit injunctions (ASIs) issued by the Russian or English courts be in this case?
- What are the risks of insolvency proceedings being opened for Western company (or its Russian subsidiary) in Russia?
- Would Russian courts’ judgments be enforceable against Western company in the UK/ EU?
Maxim assessed the chances of a Western company and its subsidiaries winning or delaying a court case in Russia, as well as the prospects for enforcing a Russian decision in the UK / “friendly”, “unfriendly” and neutral jurisdictions. According to the managing partner, the location of the Western company’s assets is very significant as far as enforcing a court decision is concerned.
Nikolay considered what options exist for a client when it comes to obtaining regulatory approvals for offsetting and choosing the procedural form for offsetting in a Russian court.
He emphasised that an important factor that could motivate a client to participate in Russian proceedings is a potential claim for damages by the client against a Russian company.
Nikolay also warned that, in Russia, there is a high risk of insolvency proceedings being initiated, not only against a subsidiary, but also against a foreign parent company (based on the recent position of the Russian Supreme Court in the Westwalk Case). The factor of having a connection with Russia can be interpreted very broadly, so even minor assets of a foreign company in Russia (for example, a claim against a Russian company or a bank account in Russia) can be sufficient to initiate insolvency.
The other speakers were Maria Beatriz Burghetto (Belgravia Law), Ben Wells (Belgravia Law) and Shantanu Majumdar KC (Radcliffe Chambers).
The full video of the event is available here: https://kkplaw.ru/files/LIDW_2025.mp4
Since its inception in 2019, LIDW has become one of the largest global gatherings of those involved in the resolution of international disputes. The event brings together the international dispute resolution community, whether based in London or abroad, to debate and explore key issues, and to help drive awareness and best practice globally.