LCIA online: KIAP lawyers defended a foreign trader at the peak of the pandemic

LCIA online: KIAP lawyers defended a foreign trader at the peak of the pandemic
Photo: © LCIA

In the midst of pandemic, KIAP lawyers defended interests of the foreign trader in arbitration proceedings in LCIA against Polish buyer who refused to pay for the delivered by the Client goods. The whole procedure was conducted online.

Polish lawyers (WKB) assisted the Client to obtain interim measures in Poland in support of the future LCIA arbitration.

To avoid the liability, the buyer utilized guerrilla tactics in arbitration and tried to cancel interim measures.

KIAP lawyers managed to reduce costs on arbitration by consolidation of two arbitrations and by strong objections to all attempts to delay the proceedings. Consequently, even before the final award rendering, the respondent had been ordered to pay all of the Client’s costs occasioned by the adjournments of hearings and submission of additional statements.

Eventually, claims of the Client were satisfied in their entirety.

As the arbitral tribunal noted in the award, "the issue of costs was hotly disputed". Respondent alleged that costs on interim measures cannot be awarded by the arbitral tribunal in the LCIA arbitration. KIAP lawyers with the assistance of experts on Polish law convinced the arbitrators that all the costs of the Client, including costs on interim measures in Poland, shall be adjudged in its favor exactly by the arbitral award. Therefore, this award creates a prominent precedent.

The interests of the Client in the arbitration proceedings were represented by Partner Anna Grishchenkova and Senior Associate Stepan Sultanov. Assistance with interim measures in Poland was provided by Bartłomiej Jankowski and Piotr Gajek from WKB lawyers.

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International Commercial Arbitration

KIAP's International Commercial Arbitration practice represents clients’ interests in international commercial arbitration in Russia and abroad, as well as before Russian courts in matters involving recognition and enforcement of international commercial arbitration awards, provides consultations on arbitration agreements, its validity and enforceability, on facilitation of out-of-court settlements and on strategies for international commercial arbitration. The practice is recommended by the international rating Legal 500 EMEA, Russian rankings, Kommersant and Pravo-300 "Sympathy rating". The practice is led by Anna Grishchenkova, partner, LL.M., MCIArb. In 2020 Anna was appointed as Regional Representative of the Russian Federation in the IBA Litigation Committee for the second time, and during 2018-2020 she was a Co-Chair of the Young Litigation Lawyers Forum of IBA. In 2019 Anna was appointed Deputy Chairman of the ICC Russia Commission on Arbitration. Anna is also a Regional Ambassador at HK45 - Hong Kong International Arbitration Centre’s committee (HKIAC). Included into panel of arbitrators in Hong Kong (HKIAC) and into list of arbitrators in Austria (VIAC), Kuala Lumpur (AIAC), Korea (KCAB INTERNATIONAL) and Russia (the Board Member of the Russian Arbitration Center). Author of the book “Psychology and persuasion skills in dispute resolution”. Co-author and co-editor of the book "Arbitration in Asia"

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