Anastasiya represents clients at international commercial arbitration (ICC, HKIAC, DIAC, LMAA, RAC, and ICAC at the Russian Chamber of Commerce), and litigation involving a foreign element. The disputes often concern construction, international sales of goods, commodities, and maritime disputes. She also has experience in corporate arbitration.
Proficiency languages: Russian, English (CAE C2), Spanish, and French. Other languages of communication: Italian, Serbian.
Primary field of expertise – international commercial arbitration, international civil litigation, international private law, and international commercial law, as well as disputes involving sanctions, including over application of Articles 248.1 and 248.2 APC RF.
Member of Russian Women in Arbitration (RWA) Association and RWA mentoring initiative, ICC Russia Arbitration Committee member. Associate Member of the Arbitration Association at the Belgrade Arbitration Centre (BAC).
Authored numerous academic papers and publications on public international law – the “Responsibility to Protect” concept – and international commercial arbitration – Articles 248.1 and 248.2 of the Russian Arbitrazh (Commercial) Code, third-party funding in international commercial arbitration, arbitrability of corporate disputes. Co-authored the leading Russian textbook “International Commercial Arbitration”.
Participated in the 28th International Commercial Arbitration Moot-court named after Willem C. Vis and 18th Willem C. Vis East Moot-court, and a number of Russian moot courts (Arbitration Association, RAA, Russian Arbitration Centre, RAC). Has profound experience as a coach of named moot-courts. Arbitrated Moscow Willem C. Vis Premoot in 2023.
Graduated cum laude the Master’s degree in “International Private Law and International Dispute Resolution” at the Moscow State Institute of Foreign Affairs (MGIMO) of the Russian Ministry of Foreign Affairs. Honored among the best graduates.
- Assessment of a sanctions compliance system for a European energy company in relation with a corporate influence of a large Russian oil trading company. The work resulted in a legal memorandum with recommendations as to the action plan. While the memorandum was prepared, KIAP’s team conducted a series of in-person interviews in the European office of the client.
- Represented a European bank in the international series of disputes against a subsidiary of a Russian gas giant related to recovery under bank guarantees, in a team with a leading international law firm. The dispute concerned application of Lugovoy Law (anti-suit injunctions with a fine for violation and exclusive competence of Russian courts) and anti-anti-suit injunctions adopted by English courts, reaching the UK Supreme Court for a precedential judgment. In Russia, the dispute led by KIAP was the only in the whole series of disputes where the fine under Lugovoy Law was lowered by half of the requested amount.
- Represented an Italian general contractor in ICC arbitration in a dispute with a Russian subcontractor related to the construction of a large multipurpose center in Moscow. As a result, the arbitrators confirmed the validity of the agreement, the falsification of which was referred to by the subcontractor, and rejected almost all of its claims, agreeing with the arguments of KIAP lawyers. Also, KIAP lawyers were able to achieve the application of a moratorium on interest accrual in 2022 due to the Client's long-term activities in Russia.
- Represented a Swiss commercial risk insurer in two parallel arbitration proceedings under the rules of the ICAC at the Chamber of Commerce and Industry of the Russian Federation against a major Russian group of companies in the metallurgical industry. The opponent referred to the impossibility of payment due to the imposition of sanctions. Despite this, KIAP managed to convince the opponent to sign amicable agreements and pay the full amount of the debt. The dispute ended with the issuance of arbitral awards on agreed terms in favour of the Client.
- Represented an Italian construction company in a series of litigations and arbitration disputes related to the construction of a large multipurpose center in Moscow. The main arbitration with the Russian customer was conducted in the ICC arbitration. At the same time, after February 2022, many Russian subcontractors initiated either arbitrations under the ICC Rules or proceedings in Russian courts under the so-called Lugovoy Law (anti-suit injunctions with a fine for violation and exclusive competence of Russian courts) against the Client. In a number of disputes, the KIAP team managed to get the claims dismissed, while in other disputes, the claims of the subcontractors were rejected. The disputes involved various aspects of construction contracting, and the law of several jurisdictions was applied.
- Representing a leading coal supplier in arbitration under the auspices of HKIAC, governing law on the merits being the law of England and Wales. KIAP’s client and an Asian counterparty entered into a series of contracts for the sale of coal. In the course of the load of the coal on board the vessel provided by the buyer the cargo crane collapsed, causing damage to the chartered vessel. The buyer tried to unilaterally set off the damages in relation to the crane’s failure, shifting the responsibility for the incident on the stevedores provided by the client. The parties initiated two arbitrations in relation to that dispute, which were subsequently consolidated. As a result, the client and the Asian buyer settled the disputes in favour of KIAP’s client.
- Successful representation of the 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.
- Preparation of 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.
- Successful representation of the largest private oil-trading company from Switzerland in a dispute against a Russian petrochemical company. The dispute arose out of the Russian company’s claims to compensate costs for elimination of commercial defects of the car tanks. In course of arbitration under the auspices of the ICAC at the CCI RF, arbitrators were convinced that the claimant had failed to prove the damages it alleged to have incurred since 2017.
- Preparation of 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.
