About the practice:
We represent clients in foreign courts, and advise them on litigation abroad and on cooperation between Russian and foreign courts.
We also act as a link between Russian clients and local counsel in foreign jurisdictions, providing accurate descriptions of the task at hand to such local counsel, agree on budgets and deadlines, and fully control the quality of service.
We have worked on court cases in 60 countries across Europe, Asia and the Middle East, Africa, and the Americas.
Our services in this area include:
Reviews:
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
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
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
They have a strong preparation in court hearings. They represent the interest of our company as if they are part of it Chambers Europe
The team is excellent to work with – it remains innovative and responsive to the tightest of deadlines The Legal 500
They find common ground with judges, counterparties and clients The Legal 500
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
… meticulous attention to detail of every single document and piece of evidence Chambers Europe
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
The team is praised for its very thorough and detailed work on each and every aspect of the case Chambers Europe
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
Kulkov and Pokryshkin are like ‘raging bulls’ during hearings The GAR 100
They do an excellent job of managing a large number of proceedings, and are always responsive and cognisant of the client’s concerns Chambers Europe
They are driven by the client’s success. They invest time to understand the client’s situation and desired result Chambers EuropeRead all company reviews
Projects:
Italy
Successfully defending a client in a series of proceedings challenging interim measures imposed by an Italian court.
The client is constructing a large gas processing plant. The client’s Italian subcontractors, in breach of contract, failed to extend their performance bank guarantees, so the client demanded the payments under the guarantees. The opponents applied to a Turin court, which, by way of interim measures, prohibited the banks from making payments in favour of the client. We achieved settlements of the disputes.
England
Advising AerCap on Russian sanctions and insurance regulations in a litigation in an English court. The dispute arose between the client and insurance companies, which refused to treat the failure to return more than one hundred aircraft leased to Russian airlines due to Russian export restrictions as an insured event.
Cyprus
Defending an investment company before the Limassol District Court in relation to the claims brought against the client by its customers. The dispute arose out of the client’s inability to conduct securities transactions due to sanctions.
The team is defending the client against the claims by developing a comprehensive legal position on the issue of recognising sanctions as a force majeure circumstance and coordinating the Cypriot lawyers.
Serbia
Representing a client in a dispute over the recognition and enforcement of an ICAC award before the Commercial Court of Belgrade (Serbia). The ICAC ruled in favour of the client recovering tens of millions of euros in unpaid advances and accrued interest. The defendant, a foreign contractor, refused to execute the award voluntarily and made unsuccessful attempts to have the ruling annulled by the Russian court. We defended the client by convincing the Russian court to uphold the ICAC award, and now we are in the process of having the arbitral award recognised and, simultaneously, having interim measures imposed on the debtor’s property in Serbia.
Turkey
Providing legal support in a dispute in the courts of appeal and cassation in Turkey, in which our client is one of the defendants. The claimant, a Turkish subcontractor, is seeking to invalidate bank guarantees issued by a Turkish bank (the second defendant in the case) to secure the opponent’s obligations to the client. The opponent, referring to the UN Resolutions and letters of the Turkish Banking Regulation and Supervision Agency, claims that the bank guarantees are unenforceable and demands their invalidation. The client’s position is that the claim should be dismissed because the arbitration clause between the client and the opponent prevents the case from being heard in Turkey.
The British Virgin Islands
Advising a client in a dispute on the recovery of over US$230m from 54 defendants from the BVI, Latvia, Cyprus, Russia, Singapore and other countries in connection with actions aimed at withdrawing assets from a bank through offshore structures controlled by a Kazakh tycoon.
Azerbaijan
Representing the International Bank of Azerbaijan (IBA), Azerbaijan’s largest bank, in a dispute with Sberbank, Russia’s largest bank, in proceedings for the recognition of the decision on IBA’s US$3.3bn debt restructuring. The dispute demonstrated, for the first time, the Russian courts’ legal position on the consequences of foreign restructuring conducted under UNCITRAL Rules.
USA
Successfully defending the client, one of the leading railcar operating lessors in Russia, against a claim by a former senior manager dismissed for the illegal transfer of internal information, which led to the failure of debt restructuring in the amount of over US$855m. The project involved coordination with proceedings in California and Connecticut, where Google was required to disclose emails forwarded from the employees’ personal email accounts. We obtained a judgment dismissing the employee’s claim. Thanks to the successful outcome of the court case, the client was able to settle with the employee who is now cooperating in pursuing the recipients of confidential information.
Cyprus
Coordinating Cyprus proceedings related to a corporate conflict between a client and his business partner, who together owned an elite housing estate in Moscow on an equal footing. Without the client’s consent, the partner transferred the estate to third parties under his control at a reduced price, which resulted in the client losing US$110m.
Cyprus, Bermuda, England
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.
England
Preparing an expert report for Autostore Technology AS v Ocado Group PLC & ors case (Top 20 Cases of 2020 according to The Lawyer). The client (Ocado) was sued by rival company Autostore in connection with an alleged patent infringement. The claim was aimed at blocking the import, manufacture, sale, and use of the client’s invention, which Autostore claims infringes its patents. Our client’s defence strategy was built on the absence of patentability criteria (i.e., “novelty”) of the invention under dispute, which can be established if the claimant had previously, before the patent priority date, disclosed information about the invention to any third parties who are not bound by a duty of confidence – thus, the previous disclosure point is of paramount importance. Following the hearing, the English court found the report and testimony of Maxim Kulkov convincing and, in 2023, ruled in favour of the client.
Netherlands
Advising a client to determine the legal risks of investing in a Dutch fintech startup located in the Netherlands. The risks are related to the claim of a large Russian bank against the startup and its top management for termination of the startup’s business and compensation of losses caused by alleged using of the bank’s business opportunities and violating its IP rights.
England
Advising the client on the possibility of filing a conspiracy claim with an English court on recovery of damages caused by interim relief introduced by a Cyprus court.
France
Obtaining interim relief in a French court in favour of a Russian investor. Advising a client in relation to a bank guarantee issued by a French bank.
England
Tracing a debtor’s assets in England, obtaining English court interim relief in favour of a Russian bank, preparing a Russian law witness statement for an English court.
USA
Participating by Maxim Kulkov as a Russian law expert in the divorce proceedings of a Russian billionaire in a US court. Maxim testified before the US court regarding the application of US procedural law to relationships governed by Russian employment and corporate law. The task at hand was to explain to the court whether a company’s senior executive was entitled to and capable of obtaining and providing documents belonging to the company in order to comply with an obligation assigned by a US court.
The British Virgin Islands
Participating by Maxim Kulkov as a Russian law expert in relation to corporate and procedural law matters in a BVI court for a claimant who is a shareholder in one of Russia’s largest energy companies. The proceedings concerned the recovery of damages from the company’s senior executives who, through several complex transactions, withdrew substantial sums from the company, thereby causing significant damages.
Belgium
Representing a Russian private pension fund in the Brussels Commercial Court in a dispute relating to the acquisition of shares in a major Russian bank.
Syria
Defending a Russian transport company in three sets of proceedings in a Syrian court.
China
Advising Russian state companies in relation to the enforcement of foreign court decisions and arbitration awards in China.
Turkey
Advising a Russian construction company on sanctions imposed against it by the UN and on bank guarantees issued by Turkish banks.
Kazakhstan
Representing a Russian investor in proceedings in Kazakh courts.
Italy
Successfully defending a client in a series of proceedings challenging interim measures imposed by an Italian court.
The client is constructing a large gas processing plant. The client’s Italian subcontractors, in breach of contract, failed to extend their performance bank guarantees, so the client demanded the payments under the guarantees. The opponents applied to a Turin court, which, by way of interim measures, prohibited the banks from making payments in favour of the client. We achieved settlements of the disputes.
England
Advising AerCap on Russian sanctions and insurance regulations in a litigation in an English court. The dispute arose between the client and insurance companies, which refused to treat the failure to return more than one hundred aircraft leased to Russian airlines due to Russian export restrictions as an insured event.
Cyprus
Defending an investment company before the Limassol District Court in relation to the claims brought against the client by its customers. The dispute arose out of the client’s inability to conduct securities transactions due to sanctions.
The team is defending the client against the claims by developing a comprehensive legal position on the issue of recognising sanctions as a force majeure circumstance and coordinating the Cypriot lawyers.
Serbia
Representing a client in a dispute over the recognition and enforcement of an ICAC award before the Commercial Court of Belgrade (Serbia). The ICAC ruled in favour of the client recovering tens of millions of euros in unpaid advances and accrued interest. The defendant, a foreign contractor, refused to execute the award voluntarily and made unsuccessful attempts to have the ruling annulled by the Russian court. We defended the client by convincing the Russian court to uphold the ICAC award, and now we are in the process of having the arbitral award recognised and, simultaneously, having interim measures imposed on the debtor’s property in Serbia.
Turkey
Providing legal support in a dispute in the courts of appeal and cassation in Turkey, in which our client is one of the defendants. The claimant, a Turkish subcontractor, is seeking to invalidate bank guarantees issued by a Turkish bank (the second defendant in the case) to secure the opponent’s obligations to the client. The opponent, referring to the UN Resolutions and letters of the Turkish Banking Regulation and Supervision Agency, claims that the bank guarantees are unenforceable and demands their invalidation. The client’s position is that the claim should be dismissed because the arbitration clause between the client and the opponent prevents the case from being heard in Turkey.
The British Virgin Islands
Advising a client in a dispute on the recovery of over US$230m from 54 defendants from the BVI, Latvia, Cyprus, Russia, Singapore and other countries in connection with actions aimed at withdrawing assets from a bank through offshore structures controlled by a Kazakh tycoon.
Azerbaijan
Representing the International Bank of Azerbaijan (IBA), Azerbaijan’s largest bank, in a dispute with Sberbank, Russia’s largest bank, in proceedings for the recognition of the decision on IBA’s US$3.3bn debt restructuring. The dispute demonstrated, for the first time, the Russian courts’ legal position on the consequences of foreign restructuring conducted under UNCITRAL Rules.
USA
Successfully defending the client, one of the leading railcar operating lessors in Russia, against a claim by a former senior manager dismissed for the illegal transfer of internal information, which led to the failure of debt restructuring in the amount of over US$855m. The project involved coordination with proceedings in California and Connecticut, where Google was required to disclose emails forwarded from the employees’ personal email accounts. We obtained a judgment dismissing the employee’s claim. Thanks to the successful outcome of the court case, the client was able to settle with the employee who is now cooperating in pursuing the recipients of confidential information.
Cyprus
Coordinating Cyprus proceedings related to a corporate conflict between a client and his business partner, who together owned an elite housing estate in Moscow on an equal footing. Without the client’s consent, the partner transferred the estate to third parties under his control at a reduced price, which resulted in the client losing US$110m.
Cyprus, Bermuda, England
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.
England
Preparing an expert report for Autostore Technology AS v Ocado Group PLC & ors case (Top 20 Cases of 2020 according to The Lawyer). The client (Ocado) was sued by rival company Autostore in connection with an alleged patent infringement. The claim was aimed at blocking the import, manufacture, sale, and use of the client’s invention, which Autostore claims infringes its patents. Our client’s defence strategy was built on the absence of patentability criteria (i.e., “novelty”) of the invention under dispute, which can be established if the claimant had previously, before the patent priority date, disclosed information about the invention to any third parties who are not bound by a duty of confidence – thus, the previous disclosure point is of paramount importance. Following the hearing, the English court found the report and testimony of Maxim Kulkov convincing and, in 2023, ruled in favour of the client.
Netherlands
Advising a client to determine the legal risks of investing in a Dutch fintech startup located in the Netherlands. The risks are related to the claim of a large Russian bank against the startup and its top management for termination of the startup’s business and compensation of losses caused by alleged using of the bank’s business opportunities and violating its IP rights.
England
Advising the client on the possibility of filing a conspiracy claim with an English court on recovery of damages caused by interim relief introduced by a Cyprus court.
France
Obtaining interim relief in a French court in favour of a Russian investor. Advising a client in relation to a bank guarantee issued by a French bank.
England
Tracing a debtor’s assets in England, obtaining English court interim relief in favour of a Russian bank, preparing a Russian law witness statement for an English court.
USA
Participating by Maxim Kulkov as a Russian law expert in the divorce proceedings of a Russian billionaire in a US court. Maxim testified before the US court regarding the application of US procedural law to relationships governed by Russian employment and corporate law. The task at hand was to explain to the court whether a company’s senior executive was entitled to and capable of obtaining and providing documents belonging to the company in order to comply with an obligation assigned by a US court.
The British Virgin Islands
Participating by Maxim Kulkov as a Russian law expert in relation to corporate and procedural law matters in a BVI court for a claimant who is a shareholder in one of Russia’s largest energy companies. The proceedings concerned the recovery of damages from the company’s senior executives who, through several complex transactions, withdrew substantial sums from the company, thereby causing significant damages.
Belgium
Representing a Russian private pension fund in the Brussels Commercial Court in a dispute relating to the acquisition of shares in a major Russian bank.
Syria
Defending a Russian transport company in three sets of proceedings in a Syrian court.
China
Advising Russian state companies in relation to the enforcement of foreign court decisions and arbitration awards in China.
Turkey
Advising a Russian construction company on sanctions imposed against it by the UN and on bank guarantees issued by Turkish banks.
Kazakhstan
Representing a Russian investor in proceedings in Kazakh courts.