On 12 and 13 November, Maxim Kulkov participated in Russian Law Week 2018 and a seminar hosted by Jones Day held in London

On 12 November, as part of Russian Law Week 2018, which is held in London, KK&P Managing Partner Maxim Kulkov participated in a panel discussion on the Russian arbitration reform.  The leading Russian arbitration centres gave their views on the results of the reform.  Maxim Kulkov, the arbitrator recommended by the Russian Union of Industrialists and Entrepreneurs (RSPP) Arbitration Centre, presented an issue which is currently a matter for debate, i.e., to what extent it is permissible to submit disputes for arbitration which arise out of contracts entered into in connection with procurement by the state and state-owned enterprises (Federal Law 44 and Federal Law 223).  According to Maxim Kulkov, the deciding factor in the debate is the ‘concentration of public interests’ criterion which is currently being shaped in Russian state courts and is, unfortunately, making many cases that in some way involve the state inarbitrable.

On 13 November, Maxim spoke at The Prague Rules on the Taking of Evidence: The “Civil War” in the “Common Law” World of Arbitration? seminar, which was organised by law firm Jones Day as part of Russian Law Week 2018.  The panel, which was discussing the Prague Rules a month before their official adoption, considered the key advantages and disadvantages of this new and alternative procedure for taking evidence in international arbitration.  Maxim Kulkov presented his position, which can be summarised as ‘choose the right tool for the job’.  Using the examples of two disputes involving the same parties and similar grounds and claims, in which the firm represented the architect Erick van Egeraat, Maxim illustrated the differences in taking evidence in line with the Anglo-American IBA Rules and the traditional continental approach on which the Prague Rules are based.