Russian arbitration institutions arrangements due to COVID-19

  by Maxim Kulkov (Managing Partner), Olga Kokoz (Senior Associate), KK&P   Russian arbitration institutions have responded to the restrictive measures due to the 2019 novel coronavirus disease (COVID-19).   The 2019 novel coronavirus disease (COVID-19) is affecting arbitral institutions around the world and the Russian arbitral institutions have responded with amended regimes. The Russian […]
In detail

Olga Kokoz for Kluwer Arbitration Blog: Is There Room for Sanctions in Public Policy? Opposite Approaches in The Recent Case Law of the Ukrainian Supreme Court

KK&P Senior Associate Olga Kokoz analyses how, within the space of one month, the Ukrainian Supreme Court rendered contrasting judgments on whether or not sanctions may serve as a ground to deny enforcement of an international commercial arbitration award. The media pressure on the relevant judgements is taken into account. The full text of the […]
In detail

KK&P has once again been ranked high in The Legal 500 EMEA (2020) directory

The firm is listed in the categories of: Dispute Resolution: Arbitration and Mediation; Dispute Resolution: Litigation; Restructuring and Insolvency.   As the legal directory indicates, ‘They find common ground with judges, counterparties and clients.’ According to The Legal 500, ‘The team is excellent to work with – it remains innovative and responsive to the tightest […]
In detail

Russian Supreme Court denies enforcement of domestic award rendered under guise of foreign arbitration center

by Maxim Kulkov (Managing Partner), Anna Chepurnaya (Paralegal), KK&P   In case A27-5147/2019, the Russian Supreme Court refused enforcement of an arbitral award rendered as an ad hoc award and administered by a foreign institution because it found evidence that the arbitration was domestic and that the institution was purporting to be a foreign institution. […]
In detail

Chambers Europe 2020 has recognised KK&P as one of the top three Russian law firms in the Dispute Resolution: Domestic High-End in Russia and Restructuring/Insolvency: Litigation in Russia categories

KK&P’s position in Chambers Europe 2020’s Restructuring/Insolvency: Litigation in Russia category has been upgraded to Band 2, and is, therefore, now among the top three Russian firms in the category. The ranking indicates that the firm is “highly visible in bankruptcy and insolvency matters” and, according to one of its clients, is distinguished by its […]
In detail

Arbitrator’s exclusion from recommended list does not constitute ground to invalidate award (Supreme Court of the Russian Federation)

  by Maxim Kulkov (Managing Partner), Sergey Lysov (Senior Associate), KK&P   In Case No. А40-153265/19, the Supreme Court of the Russian Federation confirmed that exclusion of one of the members of the tribunal from an institution’s list of recommended arbitrators did not lead to invalidation of an award.   The Russian Supreme Court confirmed […]
In detail

The Court of Appeal (England and Wales) has upheld the judgment of the High Court of England and Wales – where Maxim Kulkov (as a Russian law expert) defended the respondents’ position – which dismissed Oleg Deripaska’s claim against his former business partner regarding the Trekhgornaya Manufaktura site

In early February 2020, the Court of Appeal (England and Wales) dismissed the appeals by Mr Deripaska and Filatona Trading Limited against the judgment of the High Court of England and Wales in favour of Mr Chernukhin, former chairman of Vnesheconombank (VEB). The case which lasted for several years concerned the ownership dispute over a […]
In detail

On 6 March, Maxim Kulkov will speak at the C5 conference in Geneva on the Corporate and Shareholder Disputes in the Context of Civil Fraud panel

KK&P Managing Partner Maxim Kulkov will speak at the annual Fraud, Asset Tracing and Recovery Conference about the liability of shadow directors in a discussion on a hypothetical case study combining a few real life examples (e.g., the Samin Tan, Kekhman, Ablyazov and 1MDB cases). Along with Maxim, Edmund Nourse QC (One Essex Court) and […]
In detail

Sanctioned Russian entity may unilaterally amend dispute resolution clause (Ninth Appellate Commercial Court, Moscow)

  Maxim Kulkov (Managing Partner) and Olga Kokoz (Senior Associate), KK&P   In Case A40-149566/2019, the Ninth Appellate Commercial Court (Moscow) upheld a lower court’s decision to grant an application to replace an ICC arbitration clause with a Russian state court jurisdiction clause due to US sanctions.   The Ninth Appellate Commercial Court in Moscow […]
In detail

On 28 January, Maxim Kulkov spoke at the C5 conference in London on the Impact of Russian and Foreign Sanctions on Disputes in Russian Courts

KK&P Managing Partner Maxim Kulkov spoke at the annual International Disputes and Asset Recovery Involving Former Soviet Union Parties Conference in the Latest Developments in Russia Sanctions session. Maxim touched upon the subject of Lugovoy’s draft law (changes to the Russian Commercial Procedure Code and Civil Procedure Code in connection with US and EU sanctions, […]
In detail