About the practice:

Expert reports on Russian law prepared by the KK&P partners in Russian and foreign proceedings often become key evidence and result in the resolution of a dispute in favour of a client.

Expert reports may cover a variety of issues:

  • Insolvency, cross-border bankruptcy proceedings, restructuring (including the extraterritorial effect of moratoria on the satisfaction of creditor claims, the powers of the governing bodies and debtor representatives in various bankruptcy proceedings)
  • Collection of damages (including pure economic loss)
  • Liability of the management and other controlling bodies
  • Statute of limitations
  • Invalidity of transactions
  • Conditions for the recognition of transactions
  • Recognition of foreign court acts and arbitral awards in Russia
  • REPO Agreements
  • Shareholders Agreements
  • Application of arbitration clauses and agreements
  • Trust management
  • Intellectual Property
  • Breach of confidentiality agreement
  • Independence and impartiality of the Russian courts
  • The distinction between substantive and procedural rules of Russian law which predetermines the possibility of their application by foreign courts
  • Abuse of rights

“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

“Maxim Kulkov is our go-to Russian law expert. He is uniquely placed as a Russian law practitioner who has worked for many years on complex disputes with a fantastic global perspective. Maxim is well regarded and respected in the English High Court as an expert who gives independent, clear, reasoned, and coherent opinions”
The Legal 500, 2021

“Maxim Kulkov – clear writing and calm oral testimony skills that tribunals and courts find convincing. Quickly gets to the root of an issue and is creative in finding solutions”
The Legal 500, 2021

“The team is excellent to work with – it remains innovative and responsive to the tightest of deadlines”
The Legal 500, 2020

«A very creative, innovative litigator, really determined to fight for you in the court [Maxim Kulkov]”
Chambers Europe, 2019

“Maxim Kulkov has experience in cross-border litigation, where he often acts as a Russian law expert”
Chambers Global, 2018

“Maxim Kulkov’s culturally bilingual as well as actually bilingual; he can give you international law firm advice but from a Russian lawyer with that insight into the domestic market”
Chambers Global, 2017

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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.

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.

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.

Preparing an expert report for the High Court of Singapore in support of the client’s claim against one of Russia’s 200 richest businessmen. We thoroughly researched the legal basis for holding the opponent liable for fraudulent misrepresentations made by him to persuade the client to enter into agreements with companies owned by the opponent.

Preparing an expert report for the Royal Court of Jersey in relation to a claim issued against the world’s largest aluminium producer concerning alleged infringement of the Claimant’s patents totalling over US$1 billion.

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 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.

Preparing expert reports and giving evidence before the High Court in order to stay proceedings in the High Court in favour of arbitration proceedings in Russia (ICAC) on the basis of an arbitration clause in the contract. The case was recently settled.

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.

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.

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.

Preparing an expert report for the Economic Court of Minsk in a dispute between the Republic of Belarus (RB) and the client, arising from a loan agreement for financing of Osipovchiskiy rail car plant, secured by a RB guarantee and guarantee of individuals, and relating to the validity of restrictions from the guarantees.