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 Pravo.ru-300, Kommersant and Pravo-300 "Sympathy rating".
Arbitrating of commercial disputes
- Participation as an arbitrators in Russian and international arbitration proceedings. KIAP lawyers are included in the lists of arbitrators in Austria (VIAC), Kuala Lumpur (AIAC), Hong Kong (HKIAC), Korea (KCAB), Russia (RAC, The Arbitration Centre at the RSPP)
Dispute resolution:
- Legal representation in international commercial arbitration in Russia and abroad
- Legal representation before Russian courts in matters involving recognition and enforcement of international commercial arbitration awards, in resulting proceedings (interim measures for international arbitration etc.) and support for similar cases in foreign jurisdictions
- Negotiation in international commercial arbitration, facilitation of out-of-court settlements
- Asset search in Russia and abroad
- Gathering, analysis and legalization of body of evidence in arbitration
- Advice on arbitration agreements, validity and enforceability of arbitration agreements
- Advice on strategies for international commercial arbitration
Consulting:
- Advice on arbitration agreements, validity and enforceability of arbitration agreements
- Advice on strategies for international commercial arbitration
Istanbul Office Head
Head of projects
LL.M.
Head of projects
LL.M.
Partner
Attorney at law
Attorney at law
Partner
LL.M.
MCIArb
LL.M.
MCIArb
Managing partner
Attorney at law
Attorney at law
Head of practice
Head of Insurance practice
Head of Insurance practice
Attorney at law
Associate
Junior Associate
Junior Associate
International arbitration:
Cases over recognition and enforcement of foreign arbitral awards and court judgments:
- Representing the interests of 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.
- Representation of the interests of 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.
- Representation of the interests of a 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.
- Representation of the interests of an Italian construction and engineering company at the International Institute of the International Chamber of Commerce (ICC) in a dispute with a Russian contractor within the framework of the construction of a socially useful facility.
- Representation of the interests of an Asian insurance company in a number of ad hoc arbitrations in London against Russian insurance companies, two of which were successfully settled after requests for arbitration were filed.
- Representation of engineering & construction company located in Czech Republic in EUR25m construction dispute before the Arbitration Institute of the Stockholm Chamber of Commerce against one of the Russian leading metallurgical companies.
- Representation of Russian Design Bureau (Bureau is designing subsea vessels and developing deep water rescue facilities against the orders of the Russian Navy) in a dispute before the International Court of Arbitration of the International Chamber of Commerce against Italian supplier of technological equipment.
- Successful representation of the subsidiary of a leading fertilizer producer in Russia in a dispute against the world’s biggest mining corporation.
- Successful litigation on behalf of a client - major Irish bank - in a series of disputes related to the bankruptcy of a major international financial group, including execution of judgments from the Republic of Belize and the Republic of Northern Ireland by RF SСC (amount at issue: 200+ mln euros).
- Representation of 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.
- Representation of a client, major Russian agro-industrial group, in a dispute with a heavy-weight in the Australian livestock-farming market. The dispute arose out of a supply contract worth several millions US dollars. The contract had an arbitration clause for disputes between the parties to be referred to the International Commercial Arbitration Court (ICAC) at the Chamber of Commerce and Industry of the Russian Federation (RF CCI). It proved possible, however, to settle the dispute under a pre-action protocol following long talks, which resulted in a settlement on terms favourable for the client.
Cases over recognition and enforcement of foreign arbitral awards and court judgments:
- Representation of the interests of an Asian insurance company in a case over recognition and enforcement in Russia of twelve arbitral awards issued in London against Russian reinsurers, including with the Supreme Court of the Russian Federation. The case can be of precedential value not only in terms of enforcement of ad hoc arbitral awards or the use of sanctions as an argument for public policy infringement, but it can also significantly affect the record keeping practice in the field of international reinsurance.
- Representing 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 the 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 the Firm has been supported by the Presidium of the Supreme Commercial Court and has had a serious impact on the practice in other courts. Likewise, this has had an impact on the contractual clause which sets forth the terms of international arbitration, especially with foreign companies as participants in agreements with arbitration clauses.
- Representation of the global leader in metal flow engineering in recognition and enforcement of arbitral award rendered by the Arbitration Institute of the Stockholm Chamber of Commerce against a leading Russian metallurgical company. During the enforcement proceedings, inadequate funds were found on the company's accounts to meet the client's requirements. We initiated a bankruptcy procedure against the debtor. As a result, the whole amount was paid to the client in a short period of time.
- Represented Kazakh company engaged in contract work in recognition and enforcement of judgments issued by the courts of Republic of Kazakhstan before the Arbitrazh Court of St. Petersburg and Leningrad Region and the Federal Arbitrazh Court of the North-Western District. The case was won in spite of several objections such as lack of jurisdiction of the Kazakh courts, improper notification of the respondent about the hearings in foreign courts and public policy issues connected with involvement of the Ministry of Defense and military agreements between Russian Federation and Republic of Kazakhstan. The courts also took into consideration the estoppel argument adduced by KIAP (the respondent failed to raise these objections during the proceedings in Kazakh courts), which is still not widely used in Russian practice. Consequently the case helps to develop a positive court practice on recognition and enforcement of foreign judgments in Russia.
- Representation of Germany-based supplier of petroleum production equipment before the Arbitration Institute of the Stockholm Chamber of Commerce and in the matter of recognition and enforcement of arbitral award in Russia. The international arbitration case was won despite the opponent's allegation of public policy violation under Russian currency legislation. Having filed a foreign arbitral award enforcement petition, KIAP litigators succeeded in settling out of court following long talks with the defendant, who finally chose to comply with the award and reimburse the legal costs incurred by the client.
