International Commercial Arbitration

KIAP's International Commercial Arbitration practice has maintained leading positions among other Russian practices in the field for a number of years. Our team – graduates of the most prominent Russian and foreign educational programs – represent clients in international commercial arbitration and litigation both in Russia and abroad. The practice’s top-level expertise has been confirmed by Legal 500 EMEA and Russian rankings Kommersant, Pravo.ru-300 and Pravo-300 "Sympathy rating."

Practicing in a wide range of areas – construction, international sale of goods, commodities trading, energy supplies, distribution, IT, insurance and others, –regularly working on surveys and academic papers in the field of arbitration, daily monitoring for litigation and arbitration cases, representing clients in international commercial arbitration and also arbitrating at an international level – all this gives our team a unique background, allowing us to assist clients at all stages of their disputes, from arbitration clauses drafting to enforcement of arbitral awards and foreign judgments.  

Arbitrating Experience: 

  • Arbitrating in Russian and foreign arbitration. KIAP’s associates feature in VIAC, AIAC, HKIAC, KCIAB, RAC and RSPP arbitrator lists.

Dispute resolution: 

  • Representing clients in international commercial arbitration
  • Defending international commercial arbitration and foreign choice-of-court agreements in disputes concerning Articles 248.1 and 248.2 of the Russian Arbitrazh (Commercial) Procedure Code (APC), also known as ‘Lugovoy Law’, providing for Russian courts’ exclusive jurisdiction over cases involving sanctions’ application and anti-suit / anti-arbitration injunctions
  • Representing clients in litigation in favour of arbitration: obtaining interim measures, evidence, etc. both in Russia and abroad
  • Representing clients in cases over set-aside / recognition and enforcement of international commercial arbitration awards and recognition and enforcement of foreign judgments both in Russia and abroad
  • Leading and managing cases in foreign state courts
  • Participation in amicable settlement negotiations and assistance in other types of pre-arbitral / pre-litigation dispute resolution, assistance in settlement
  •  Asset search in Russia and abroad

Consulting:

  • Drafting arbitration clauses, advising on their validity and enforceability
  • Advising on strategy of conducting disputes in international commercial arbitration and litigation
  • Advising clients in choosing arbitrators and foreign consultants
  • Advising on application of Articles 248.1 and 248.2 of the Russian Arbitrazh (Commercial) Procedure Code (APC), also known as ‘Lugovoy Law’ and legal memoranda preparation on this matter

Stepan Sultanov
Head of ICA projects, LL.M.
Rostislav Kats
Associate, LL.M.
Konstantin Astafiev
Partner
Attorney
Anna Grishchenkova
Arbitrator
MCIArb
Andrey Korelskiy
Managing partner
Attorney
Maria Krasnova
Head of practice
Natalia Kovalkova
Junior Associate, LL.M.

International Arbitration and foreign jurisdiction:

  • Represented a major Russian oil producer as a defendant in the High Court of London in respect of claims to recover 30 million pounds. As a result, the High Court of London agreed with the defendant's arguments and denied recognition of its jurisdiction over the dispute to the full extent.
  • Represented a major international construction and engineering company in the ICC arbitration with a Russian contractor in a dispute out of the construction of a publicly significant facility in Moscow.
  • Represented Allianz, one of the largest financial and insurance groups, against Infrassure, a Swiss reinsurance company, in a long-term insurance dispute related to the payment of reinsurance compensation after the technogenic accident at the Sayano-Shushenskaya HPP. 
  • Represented a Russian design bureau, which designs underwater vessels as well as develops deep-sea rescue equipment for the Russian Navy, before the ICC in several English-language disputes under English law against a technological equipment supplier. The case raised the issue of jurisdiction and European sanctions against Russian companies.
  • Represented a major oil trader before the LCIA. KIAP lawyers obtained consolidation of arbitrations on the basis of the multi-contracts doctrine; obtained an award in the Client’s favor; costs were also awarded in the Client’s favor, including costs of provisional measures taken in Poland by a state court (which set a precedent).
  • Represented a Czech engineering construction company in a major construction dispute before the SCC against a leading Russian steel company. 
  • Represented a Russian industrial company under the auspices of the VIAC in a dispute against an Italian equipment supplier.
  • Represented a Russian insurance company in a dispute in connection with a reinsurance contract. The dispute happened in the context of an incident (earthquake) that occurred in Japan and New Zealand. The arbitration against the German insurance company was conducted ad hoc in German, and the place of arbitration was Hannover.
  • Represented the subsidiary of a leading fertilizer producer in Russia in a dispute against the world’s biggest mining corporation.
  • Represented a foreign construction company in the ICC arbitration with the Serbian subcontractor out of a contract for the construction of above-ground reinforced concrete structures within the construction of a publicly significant facility in Moscow. The opposing party was represented by two leading international arbitration firms: one from Switzerland, the other from Russia. The arbitrator ruled in favor of the KIAP’s Client and denied the subcontractor reimbursement of the expenses incurred for representation.
  • Represented the world's largest private oil trader in a dispute with the largest oil company in Russia. The dispute arose out of three contracts for the supply of acetone and technical alcohol. The contract price for goods depended on oil quotations. When it fell due to COVID-19, the supplier sought to sell goods to other buyers at market prices.
  • Represented a Swiss company in a dispute over recovery of a debt from a Slovak counterparty under freight forwarding contract under the auspices of the SCAI (currently known as the Swiss Arbitration Centre). 
  • Represented an Asian insurance company in four ad hoc arbitrations in London against Russian reinsurers. Two of the arbitrations resulted in settlement upon initiation of the arbitration proceedings.
  • Represented US and Swiss oil trading companies in a dispute with the largest Russian petrochemical companies and foreign terminals. In 2022, the Clients failed to perform the obligations to purchase the goods from the Russian suppliers, as well as the ‘take-or-pay’ obligations before foreign terminals due to sectoral sanctions and their consequences. KIAP lawyers secured settlement of all the disputes to avoid arbitrations under the rules of the ICC, SCC, ICAC at the RF CCI.
  • Represented one of the major production enterprises of Republic of Belarus in the International Arbitration Court at the Belarus Chamber of Commerce and Industry in a dispute with a contractor as part of the implementation of an investment project for the construction of a mining and processing facility.
International Arbitration and Russia:

  • Represented a major Russian agro-industrial holding in the ICAC at the Chamber of Commerce and Industry of the Russian Federation in a dispute with a Dutch process equipment supplier. Under the dispute, a foreign state court adopted pre-action measures supporting the Russian arbitration award.
  • Represented a major Irish bank in a series of disputes related to the bankruptcy of a major international financial group, including enforcement of judgments rendered in the Republic of Belize and the Republic of Northern Ireland in the Presidium of the Russian Supreme Court (amount at stake: 200+ mln euros).
  • Represented the interests of a Mexican food company in the ICAC at the RF CCI in a dispute with a Russian production equipment supplier. The dispute was successfully settled through the pre-trial process.
  • Represented a major Russian agro-industrial group in a dispute with a leader of the Australian livestock-farming market under auspices of the ICAC at the RF CCI. The dispute arose out of a supply contract worth several million US dollars. The parties settled the dispute favoring the client.
  • Represented a Hong Kong distributor in the ICAC at the RF CCI arbitration in a dispute over a luxury brands supply contract. The arbitrators fully satisfied the Client’s claim and ordered the Russian buyer to pay in full the contractual penalty for non-purchase of goods (‘take-or-pay’) that was accrued as 50% of the price of the obligation breached. 
  • Represented an Italian construction company before the ICAC at the RF CCI in a dispute against a Russian company. The dispute concerned highway construction in St. Petersburg. 
  • Represented a leading Russian timber holding company in a dispute with a Finnish company over the calculation of working capital and adjusting the price of a sale and purchase agreement for a major timber processing plant located in Karelia. The dispute was considered by the ICAC at the RF CCI by a panel that included foreign arbitrators. As a result, the arbitrators supported the Client and refused the Finnish company to adjust the price of the contract.
Recognition and enforcement of foreign arbitral awards and court judgments in Russia and abroad:

  • Represented an Asian insurance company in the proceedings on recognition and enforcement in Russia of twelve arbitral awards rendered in London against Russian reinsurers. The case, led by KIAP lawyers, reached the Supreme Court of the Russian Federation.
  • Represented the MTS retail chain in a precedent-making dispute against one of the world-wide leading manufacturers of telecom equipment. Among the legal issues in the case was the right to equality in access to justice. This issue drew attention of the worldwide legal community, since the issue of equality in access to the judicial system has never been examined from this angle before. The position of KIAP has been supported by the Presidium of the Supreme Commercial Court and has had a serious impact on the practice in other courts. 
  • Represented the world’s leading company in metallurgical engineering in a case for recognition and enforcement of an SCC award in Russia against one of the largest Russian metallurgical companies.
  • Represented a major German supplier of oil production equipment in a case on enforcement of an SCC award. The award was rendered against a Russian agent who had breached its obligation to provide the Client with information on the sale of its equipment in Russia.
  • Defended the ICAC at the RF CCI award granting an Italian customer's counterclaim for recovery of penalty from a contractor. In this case, the original claim was heard by a state court. Earlier in the case in question, the state court had also ruled that the arbitration agreement was unenforceable. KIAP lawyers proved that, despite the position of the state courts on the initial claim, the ICAC award was not subject to set aside.
  • Represented a Hong Kong distributor in a case for recognition and enforcement in Russia of an international commercial arbitration award recovering a penalty of 50% of the value of non-purchased goods without reduction of such penalty. 
  • Arranging for enforcement in Poland of an LCIA award in favor of the world's largest oil trader regardless bankruptcy of a debtor. 
  • Represented a Russian industrial company in a case for the recognition and enforcement of a VIAC award in Italy, where the defendant's plant was located.
Legal opinions:

  • Prepared a legal memoranda analyzing Arts. 248.1 and 248.2 of the APC RF (Lugovoy Law), inter alia, for a leading international law firm in the field of international arbitration. The Client sought a memorandum as a part of international arbitrations with state-owned Russian gas giants.
  • Prepared an opinion on foreign notification under the 1965 Hague Convention through the main and alternative routes for a law firm from the British Overseas Territories.
  • Prepared an opinion for a Russian construction company on an arbitration clause requiring that a future dispute be administered by a foreign arbitration institution with an arbitration seat abroad, but between Russian parties.
  • On the basis of the legal opinion of KIAP, in joint efforts with its partners from Hong Kong, prepared a legal memorandum on protection of the beneficiaries of the trust (involved jurisdictions: Russia, Belize, Panama, Hong Kong).
Interim measures in support of international arbitration:

  • Assisted in obtaining interim measures in Italian courts in support of the ICC arbitration in a dispute over payment for work performed on the construction of a publicly significant project. 
  • Assisted in obtaining interim measures in Italian courts in support of the ICC arbitration in a dispute over payment for the design documentation prepared and recovery of costs for the preparation for the construction of a significant facility in a CIS country. 
  • Assisted in obtaining interim measures in Polish courts in favor of the LCIA arbitration in a dispute over payment for delivered oil. 
  • Assisted in obtaining interim measures to support an award rendered under the VIAC rules in a dispute over the advance payment for non-delivered goods. 

Share