About the practice:

The corporate disputes practice is one of KK&P’s key practices. We defend our clients in domestic and foreign courts and arbitrations, and act as experts on Russian law.

We represent shareholders and members of corporate bodies in disputes arising from:

  • claims for damages and recovery of losses
  • claims for ownership of shares and stakes
  • claims for recovery of cost of shares and stakes
  • breaches of securities issuance procedures
  • breaches of shareholder agreements
  • challenging corporate bodies’ actions
  • claims for expulsion of members from the company
  • claims initiated by shareholders for the invalidity of transactions related to the disposal of company assets
  • claims for restoration of corporate control
  • claims for invalidation of complex transactions involving disposal of company shares, changes in charter capital and contributions to charter capital

KK&P lawyers also successfully support transactions relating to, and advise clients on, the operation of foreign businesses in Russia.


Reviews:

“KK&P Lawyers is a boutique dispute resolution firm – and one of the leading (if not the leading) firm of this kind in Russia. Its partners and associates are first-class dispute lawyers”The Legal 500, 2021

“Excellent litigators, great at resolving cases in Russian courts”
The Legal 500, 2021

“For a year of work on the project, we did not have a single hitch on organizational issues, not a single agreed condition was violated, which allowed us to feel that the fate of our project was in good hands and we can rely on KK&P for any matter”
The Legal 500, 2021

“The firm’s key attributes are creativity, responsiveness and in-depth expertise in Russian law and an ability to explain Russian law and how it is applied in practice. The lawyers have a keen understanding of how they can assist in their role as overseas lawyers in complex multi jurisdictional litigation”
The Legal 500, 2021

“Very often, lawyers speak their own legal language rather than the language of business – KK&P Trial Lawyers is a pleasant exception. When a client does not understand the intricacies of the legal process, this can be particularly reassuring”
The Legal 500, 2020

“KK&P partners are distinguished by their “bravery”, proving more willing to take on cases against major Russian state-owned companies than some of their local competitors”
The GAR 100, 2019

“The approachable, pragmatic team at KK&P has excellent litigation capabilities and an innovative mindset, and finds creative solutions to difficult, high-stakes issues”
The Legal 500, 2018

“A high-class professional. Oleg [Kolotilov] easily managed to project his extensive experience and approach during the case, despite the spontaneous emergence of difficulties within the case and its multidirectional development in different instances”
GALA-FORM, SMANN SA – oil & gas traders, 2018

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Projects:

In detail
Defending Shell’s subsidiaries in a dispute with GPN-Salym Projects LLC (GPN, a subsidiary of Gazpromneft) over the reorganisation of a branch of foreign company Salym Petroleum Development N.V. (SPD) into the Russian company Salym Development LLC, which became possible as a result of Russia’s introduction of counter-sanctions measures against companies intending to leave the Russian market.
Maxim Kulkov’s participation in an LCIA arbitration as an expert on Russian law issues (signs of an artificial insolvency and the subsidiary liability of controlling persons) in a dispute between shareholders in a major e-commerce platform on the recovery of app. US$500m in losses.
Maxim Kulkov’s participation as an expert in Russian law in High Court of England proceedings in the Bank of Moscow vs Vladimir Kekhman case. Maxim Kulkov’s reports and evidence were accepted by the court and formed the basis of the decision compelling Mr Kekhman to pay off the debts in full (more than $140m).

In detail
Advising the client and preparing expert reports by Maxim Kulkov in support of a claim filed in the High Court of England against Vneshprombank beneficiary Mr Bedzhamov, a Russian tycoon hiding in England. With the support of Maxim and the team, the client obtained a judicial seizure of Mr Bedzhamov’s assets worth more than RUB 117bn.

In detail
We represented Russian oil and gas trader GALA-FORM and Raiffeisen Bank in cases on challenging the guarantees and corporate decisions on complex liabilities from syndicated loans under English law in three parallel proceedings in three of Russia’s regions. The cases were convincingly won in favour of our clients whose position was supported by the Supreme Court of Russia.
Coordinating Cyprus proceedings related to a corporate conflict between the client and his business partner who together owned an elite housing estate in Moscow on an equal footing. The partner transferred the estate to controlled third parties at a reduced price without the client’s consent, which resulted in the client’s losses of US$110m.
Representing Orion – a defendant in a corporate dispute (worth over US$13m) relating to the invalidation of an issue of shares in a Russian IT company and the challenging of the SPA. The claimant alleged that she was a beneficiary of the company and that the shares were disposed of without her consent. The claim was dropped.
Representing a former shareholder of one of the leading research and production enterprises in the Chuvash Republic in a dispute over a claim for the recovery of over RUB 600 million of the actual value of the share in the authorised capital of the company, previously artificially concealed from the claimant through manipulation of the financial statements.

In detail
Representing clients (former members and directors of the company) in a major corporate conflict in order to restore lost control over the company and protect against the recovery of corporate losses under 12 parallel cases on the expulsion of participants from the company …

In detail
Representing a co-owner of a supermarket chain in the process of applying for interim measures in support of an LCIA arbitration initiated in England and a dispute in Cyprus in connection with the violation of a shareholders’ agreement (SHA) regarding management of large shopping centres in Moscow and the Moscow Region.
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 in a complex corporate dispute arising out of a claim brought by an ex-business partner seeking his share in the joint business and recovery of multi-bullion damages allegedly caused by the breach of numerous joint venture agreements. The dispute was recently settled to the mutual satisfaction of the parties.
Participation by Maxim Kulkov as a Russian law expert in an LCIA arbitration regarding 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.
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.
Settlement of a dispute between shareholders in a Russian metals producer regarding discriminatory terms in the shareholders’ agreement.