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 highly valuable site in Moscow, the Trekhgornaya Manufaktura. The Court of Appeal confirmed that Mr Deripaska had to pay Mr Chernukhin US$95.2 million as a compensation for failure to comply with the parties’ agreement to buy out Mr Chernukhin’s share in a corporate conflict in connection with a shareholder agreement that arose between Mr Chernukhin, his former partner Ms Danilina and Mr Deripaska in relation to the ownership of the Trekhgornaya Manufaktura site.
In the course of trial in the High Court, Mr Kulkov prepared several expert reports and gave evidence, including on various aspects of regulation of different types of contract (sale and purchase, donation, agency, and simple partnership), on the validity of disputed contracts and the estoppel principle, and on the legal regulation of the claimant’s trust property and property accumulated by the related parties who are not in a registered marriage.
Maxim Kulkov, one of the most prominent Russian litigation lawyers in the field of complex disputes according to Chambers Europe (top 4 in Dispute Resolution: Domestic High-End in Russia and top 10 in Dispute Resolution: International in Russia), regularly acts as an expert on Russian law in foreign courts and international arbitrations. Maxim Kulkov has participated as an expert on Russian law in 20 cases considered by the courts of England, the USA, the BVI, Jersey and international commercial arbitrations (the LCIA, the SCC, the ICC, the ICAC).
- Deripaska loses appeal over LCIA award (Global Arbitration Review)
- Russian Billionaire Loses Appeal Against $95M Award (Law360)
- Maxim Kulkov’s expert evidence on Russian law in the High Court of England and Wales helped to defend the respondents from a US$40 million claim by the former management of YUKOS Oil Company
- In a fraud case against Vladimir Kekhman, the High Court of England and Wales ruled in favour of Bank of Moscow, on whose behalf Maxim Kulkov addressed the court as an expert witness on Russian law