Dispute resolution: arbitration and mediation in Russia

Baker & McKenzie - CIS, Limited

The dispute resolution department at Baker & McKenzie - CIS, Limited is well versed in handling commercial arbitral proceedings as well as investment treaty arbitration; the group has also attracted praise from clients for its ability to handle litigation arising from arbitration. The team has a particular strength in cross-border matters and significantly benefits from the firm’s well-established foothold internationally. Practice head Vladimir Khvalei stands out for his notable international experience gained across multiple arbitral institutions, and works closely with associate Taisiya Vorotilova, who has particular expertise in bankruptcy-related matters.

Practice head(s):

Vladimir Khvalei

Testimonials

Top-drawer technical skills and deep legal expertise

The team works very well even under tight deadlines.

Vladimir Khvalei is highly skilled and reliable. He has deep legal expertise, which is coupled with great experience.

Key clients

Manolium Processing LLC

KazTransGaz JSC

Work highlights

  • Representing investor Manolium Processing in $250m investment treaty arbitration proceedings brought against the Republic of Belarus, seeking compensation as a result of expropriation and violations of the fair and equitable treatment principle by Belarus.
  • Represented investor KazTransGaz JSC in investment treaty arbitration proceedings brought under the UNCITRAL Arbitration Rules against Georgia on the basis of provisions in the Energy Charter Treaty and the Georgia-Kazakhstan BIT.

Clifford Chance

Clifford Chance’s dispute resolution team handles arbitration proceedings across a wide range of sectors including the financial services, construction and oil and gas industries. The department acts for companies in matters relating to investment treaty and commercial arbitration, and is equally adept at representing public sector clients. Clients value the expertise of ‘competent’ practice head Timur Aitkulov, and single out ‘knowledgeable’ senior associate Olga Semushina. Senior associate Dmitry Malukevich is another name to note.

Practice head(s):

Timur Aitkulov

Testimonials

The team stands out for its professionalism and commitment.

Key clients

Sberbank

Egorov Puginsky Afanasiev & Partners

Egorov Puginsky Afanasiev & Partners’ international arbitration department attracts praise for its ‘proactive and highly commercial approach’. The team handles investment treaty and commercial arbitration proceedings, and team members have experience in cross-border matters across a variety of arbitration forums, including the Moscow-based International Commercial Arbitration Court, the International Chamber of Commerce, and the London Court of International Arbitration. The group’s work spans a wide range of industries including the marine, transport and construction sectors. The ‘intelligent, committed and focusedEvgeny Raschevsky leads the department. Recently promoted counsel Victor Radnaev. Dmitry Dyakin and Vladimir Pestrikov left the firm in 2020.

Practice head(s):

Evgeny Raschevsky

Testimonials

Egorov Puginsky Afanasiev & Partners’ team is excellent.  It is very knowledgeable about the law, very diligent, and exercises great judgment and strategic sense.

Fantastic understanding of international litigation and arbitration, coupled with in-depth knowledge amongst lawyers across all levels

The team stands out for its excellent knowledge of international arbitration, its great contacts at the Bar in London and other law firms, and its unique insight into the Russian market. Overall, this is a first-class team of highly intelligent and hardworking lawyers.

Very commercial, proactive and well-connected – the best law firm in Russia by far for any form of commercial dispute. The partners are fully on board with disputes and do not simply leave issues to associates.

Exceptional practical skills utilised in handling arbitration cases, such as choosing the winning strategy, as well as managing and responding to excessive documents produced by the opponent

Key clients

The Federal Agency for State Property Management

Work highlights

  • Representing the Federal Agency for State Property Management in cross-border arbitration and litigation relating to investments by the Russian Federation into a joint venture aimed at building a titanium dioxide plant in India.
  • Successfully represented a joint venture operating a plant in arbitral proceedings, seeking to resolve a dispute with a Russian construction company arising out of a construction contract.
  • Representing a high-profile Russian railway transportation company in the first ICSID Additional Facility Rules investment arbitration against Belarus.

White & Case LLC

White & Case LLC fields a substantial team, which is ‘unique and innovative in its understanding of international arbitration’. The department is praised for its ability to handle significant cross-border work and advise on issues arising under Russian and English law. The team also has notable strength in representing states in high-value investment treaty arbitration proceedings; recent examples include representing The Republic of Belarus in three sets of arbitral proceedings. Julia Zagonek jointly heads up the department with David Goldberg, who splits his time between Moscow and London. Counsel Pavel Boulatov is also a key name to note in Moscow.

Practice head(s):

Julia Zagonek; David Goldberg

Testimonials

Valuable practical experience, coupled with the ability to exchange experience and ideas between members of White & Case’s network around the world

Team members are reliable partners, who are also sociable, highly organized and responsible.

The team finds innovative solutions in difficult situations and works effectively, which includes matters involving the application of foreign law. It also has a clear understanding of the business needs of its clients.

Julia Zagonek is a highly qualified professional, a strong team leader and a brilliant speaker. She has the ability to handle multiple matters at the same time while also preserving a high standard in providing legal services.

Pavel Boulatov thinks outside the box.

Julia Zagonek and Pavel Boulatov are very efficient, fantastic professionals.

Key clients

The Republic of Belarus

The Russian Federation

OAO Belgorkhimprom

Work highlights

  • Representing the Republic of Belarus in an arbitration brought by a Russian investor under the UNCITRAL Arbitration Rules regarding a real estate development project.
  • Acting for the Republic of Belarus in arbitration proceedings brought by an investor under the ICSID Rules, pursuant to the bilateral investment treaty concluded between the Netherlands and Belarus.
  • Representing the Russian Federation in claims brought by Russian oligarch Sergei Pugachev relating to the France-Russian Federation bilateral investment treaty.

Bryan Cave Leighton Paisner (Russia) LLP

The arbitration team at Bryan Cave Leighton Paisner (Russia) LLP demonstrates notable strength in investor-state arbitration, where it acts for sovereign clients and claimants. Particular sectors of focus for the group span the construction and engineering, technology, energy and natural resources industries. The team has also experienced an increase in cross-border mandates, which leverage the dual qualifications held by multiple team members in Russia, the UK and the US. Roman Khodykin and Elena Trusova jointly lead the department; counsel Yury Babichev is also singled out.

Practice head(s):

Roman Khodyki; Elena Trusova

Testimonials

Excellent knowledge of arbitration

This is a very reputable team which understands the nature of dispute resoution, especially when litigation is around the corner.

Even though this is a large firm, a client will be surrounded with attention of dedicated and very responsive senior lawyers. The firm boasts its links with offices located in multiple other jurisdictions to provide stitchless advice.

Counsel Yury Babichev not only understands the essence of various procedural rules, but also the nature of a transaction and its underlying motives. Yury’s valuable advice assists clients with developing a stronger, bulletproof position.

Roman Khodykin is a great lawyer with a deep understanding of both English and Russian law issues.

Key clients

RusHydro

Sberbank of Russia

Donna Union Foundation

VTB Bank

Ingosstrakh

HMS Group

Work highlights

  • Representing RusHydro in an investment arbitration against the Kyrgyz Republic for the recovery of $40m in costs relating to the construction and operation of the Upper-Naryn hydroelectric power plants.
  • Acted for the Donna Union Foundation in a dispute in the London Court of International Arbitration between shareholders of a large Russian e-commerce company.

Freshfields Bruckhaus Deringer

Herbert Smith Freehills

At Herbert Smith Freehills, the dispute resolution practice in Moscow utilises the firm’s global network to handle cross-border work; the department also works closely with the firm’s London office, which houses multiple partners with experience in Russia-related disputes. With expertise in disputes concerning shareholder rights, bankruptcies, IP issues, corporate crime and regulatory matters, the team is also increasingly instructed in defamation proceedings. The practice also demonstrates notable strength in handling arbitration proceedings in the sport sector; recent work includes representing members of the Russian Olympic biathlon team in the Court of Arbitration for Sport. Department head Alexei Panich has niche expertise in the financial services and energy sectors.

Practice head(s):

Alexei Panich

Key clients

Sberbank Capital

Sberbank of Russia

Sberbank Investments

Gazprom Neft

Alfa-Bank

The Royal Bank of Scotland N.V.

Norilsk Nickel

Rosneft

Work highlights

  • Representing members of the Russian Olympic biathlon team in anti-doping-related proceedings regarding allegedly defamatory statements.
  • Acting for members of the Russian Olympic biathlon team in their challenge of decisions by the International Olympic Committee in the Court of Arbitration for Sport.

Morgan, Lewis & Bockius LLP

The team at Morgan, Lewis & Bockius LLP operates as part of the firm’s global dispute resolution group and represents clients in significant cross-border arbitration proceedings in the London Court of International Arbitration, the International Chamber of Commerce and domestic arbitration forums. The practice also handles enforcement matters in jurisdictions spanning Russia, the UK, the US and offshore jurisdictions. Team members are praised by clients for their depth of expertise across the financial services, real estate and construction, chemicals and energy sectors. The ‘dynamic and commercially mindedDmitry Ivanov and the ‘tireless and experiencedGrigory Marinichev are joint practice heads.

Practice head(s):

Dmitry Ivanov; Grigory Marinichev

Testimonials

A very dedicated, supportive and client-minded team of professionals

An engaged and available team, which is well-connected not only due to the firm’s office network but also with specialist firms across the CIS region.

The team sees the bigger picture and is creative in its approach.

The team is very strong in energy and finance matters. When necessary, the team works with London- and US-based teams seamlessly on cross-border cases.

The team stands out for multiple reasons: its sophisticated international client base, its highly trained and multilingual attorneys, its highly professional work ethic, and its outstanding reputation on the market.

Working with the Moscow office of Morgan Lewis is similar to working with their London office — top-quality services, first-rate advice and excellent work product.

Dmitry Ivanov demonstrates creativity and out-of-the box thinking in the face of challenges. He also keeps calm under pressure.

Dmitry Ivanov has been educated abroad and demonstrates an excellent command of English and French, apart from the Russian language. He is a very sophisticated lawyer with great experience, very business-savvy, pragmatic, and sensitive to clients’ concerns. It is a pleasure to work with Dmitry.

Grigory Marinichev is a lawyer with a straightforward approach, who pays great attention to his clients’ needs.

Key clients

Schlumberger Logelco

VTB Bank

Public Interest Registry

Sun Eurasia LLC

Terumo Corporation

Work highlights

  • Acting for VTB Bank in arbitration enforcement issues.

Norton Rose Fulbright

Norton Rose Fulbright’s arbitration team is praised by clients for its cross-border arbitration expertise, particularly in the London Court of International Arbitration (LCIA). The department also benefits from the firm’s capabilities across Europe and Asia, and leverages the expertise of practice head Yaroslav Klimov, who has experience at multiple arbitral institutions including the LCIA and the Singapore International Arbitration Centre, to handle international matters.

Practice head(s):

Yaroslav Klimov

Testimonials

The arbitration team of Norton Rose provides creative legal support, particularly with LCIA-related matters.

Lawyers’ client-oriented proactive approach, their creative minds, and their outstanding arbitration expertise – they all make this practice rare and unique.

Key clients

Trans Holdings Overseas S.A.

RusVinyl

Togliattiazot JSC

Work highlights

  • Acted for Trans Holdings Overseas in damages recovery issues from Ukraine connected to the arrest of Seabreeze ship in Yuzhny port of Odessa.
  • Acting for RusVinyl in proceedings concerning the enforceability of an ICC arbitration clause.

ALRUD Law Firm

ALRUD Law Firm’s cross-departmental arbitration and mediation team is jointly led by Sergey Petrachkov and Magomed Gasanov, who have significant experience internationally. Team members have particular expertise in handling corporate, commercial and real estate disputes, and the group has been increasingly active in restructuring and insolvency mandates. Associate Denis Bekker is also noted.

Practice head(s):

Sergey Petrachkov; Magomed Gasanov

Testimonials

The team cooperates to provide the best possible solution for protecting the client’s interests. The lawyers are very responsive and have extensive experience in cross-border litigation arising in the context of arbitration.

The team stands out for its high speed and quick understanding of a complex situation internationally.

Sergey Petrachkov is sharp and kept his course even when facing pressure from a client. He also understood the root course of the dispute from very beginning.

Key clients

General Motors Uzbekistan

Dirs Drilling Instruments Rental & Supply N.V.

Auchan LLC

SSI Schäfer

Lego

Dechert Russia LLC

At Dechert Russia LLC, the trial, investigations and securities department sits as part of the firm’s wider dispute resolution practice. In its work on significant multi-jurisdictional disputes, the Moscow-based office draws upon the expertise of the firm’s offices worldwide, and works closely with the teams in London and Washington DC. Beyond its strength in commercial and investment treaty arbitration, the team is also acting in litigation relating to the recognition and enforcement of foreign arbitral awards. Managing partner Laura Brank is a key contact for arbitration-related matters and has specialist expertise in proceedings in the financial services sector. Associate Maryana Batalova is also noted. In late 2019, former practice head Yuri Makhonin departed to Rybalkin, Gortsunyan & Partners.

Testimonials

Dechert has a sophisticated arbitration practice in Moscow, which is known for its excellent commercial approach.

We enjoyed working with Dechert’s team. We can describe the team as professional, responsible and highly competent team.

Key clients

Enka

FedEx

Hochtief

Metrolit

STS Media

Work highlights

  • Representing Hochtief Projektentwicklung in a dispute regarding the reversal of an arbitral award by the Stockholm Chamber of Commerce (SCC) in Russia.
  • Representing Metrolit in a dispute over the validity of arbitration clauses observed by banks when filing bankruptcy petitions against debtors.

Dentons

At Dentons, the dispute resolution group acts for national and international clients in matters involving Russian law. The practice’s work encompasses international arbitration, the enforcement of arbitral awards domestically and parallel proceedings. Benefitting significantly from the firm’s European network, the department cooperates closely with the London, Paris, Brussels and Berlin groups. In Russia, the practice is split between St. Petersburg and Moscow, with Mikhail Ivanov and Roman Zaitsev leading the teams respectively. Richard Cowie  is also a key name to note and focuses on arbitration involving corporate and commercial issues. In mid-2019, the Moscow-based practice expanded its cross-border capacity with the arrival of corporate and financial law specialist Konstantin Kroll from Orrick, Herrington & Sutcliffe (Europe) LLP’s London office.

Practice head(s):

Mikhail Ivanov; Roman Zaitsev

Key clients

Gazprom

Work highlights

  • Successfully acted for Gazprom at the enforcement stage of a nearly decade-long arbitration with Lithuania.

DLA Piper Rus Limited

DLA Piper Rus Limited’s department is split across multiple Russian offices: commercial litigator Yaroslav Moshennikov heads up the national group from Moscow, while Oleg Skvortsov leads the dispute resolution team in St. Petersburg. The ‘very dedicated’ group works closely with the firm’s corporate practice, and also draws on the expertise of the litigation teams in London and other locations abroad. Areas of specific focus for the department include corporate, commercial, administrative and regulatory disputes.

Practice head(s):

Yaroslav Moshennikov; Oleg Skvortsov

Testimonials

DLA Piper’s team is very commercially oriented, responsive, highly professional, and has in-depth knowledge of the area. Its advice is also top-notch.

Team members are capable of seeing the whole picture at a glance and finding simple solutions to complex matters.

Key clients

Gazprom

MC Aviation Partners

Get

Awas

Linpac Packaging

Kärcher

InnerWorkings

Rossiya Airlines JSC

Pulkovo Airport JSC

Mario Frigerio S.p.A.

Mon’delez Rus

Bauer Media

Procter & Gamble

Nissan

A J Walter Aviation

Work highlights

  • Representing Gazprom in a newly commenced arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
  • Advising Mario Frigerio on issues relating to the recognition and enforcement of an SCC arbitral award.

Hogan Lovells (CIS)

The team at Hogan Lovells (CIS) operates as part of the firm's global network acting for domestic and international household names in arbitration and mediation matters across a wide range of sectors including the energy, finance, industrial services and technology industries. Practice co-head Alexei Dudko is noted for his breadth of experience across Russia, Europe and Southeast Asia, while fellow co-head Natalia Gulyaeva has particular expertise in IP matters. Clients also single out senior associate Anna Belova, who is dual-qualified in Russia and New York.

Practice head(s):

Alexei Dudko; Natalia Gulyaeva

Testimonials

Team members are highly disciplined and remain professional at all times.

Alexei Dudko and Anna Belova are hardworking and cooperate efficiently with clients.

Key clients

Deposit Insurance Agency

Rosneft

BTA Bank

Metal One UK

VTB Bank

Honeywell

VEB.RF

Gazprom Neft

Work highlights

  • Acting for Penwell Business in an UNCITRAL arbitration against the Kyrgyz Republic.
  • Acting for a large Russian bank in an arbitration with an Armenian mining group in London under the LCIA Arbitration Rules.

KIAP (Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law

Led by Anna Grishchenkova, the arbitration department at KIAP (Korelskiy, Ischuk, Astafiev and Partners, Attorneys at Law) acts for clients in international commercial arbitration. The team is also increasingly instructed in arbitration proceedings in the London Court of International Arbitration, International Chamber of Commerce, and International Commercial Arbitration Court. Associate Natalia Kisliakova is another key name in the team.

Practice head(s):

Anna Grishchenkova

Testimonials

Highly skilled, reliable, friendly and always available to react to clients’ queries – the team provides excellent advice and achieves great results.

The team works very well even under tight deadlines. It is exceptionally hardworking and very commercial in its approach.

The team is efficient in international arbitral proceedings, also due to experience of Anna Grishchenkova as arbitrator.

A rising legal star, Anna Grishchenkova is a highly knowledgeable partner who understands the law and is great at determining a suitable course of action. Anna is pragmatic and extremely commercial without losing any technical excellence. She does not waste a client’s time and is highly responsive.

Anna Grishchenkova has an engaging attitude, charisma and is a highly respected individual on the Russian market.

Natalia Kisliakova has a strong academic background which helps her to structure the argumentation in a very convincing manner.

Key clients

Arkadiy Fosman

Miratorg Agribusiness Holding

Rosgosstrakh

Codest International

Norvik Banka

Work highlights

  • Acting for Norvik Banka in LCIA arbitration proceedings.
  • Representing a client in LCIA arbitration proceedings arising out of a contract for the sale of oil.
  • Assisting Miratorg Agribusiness Holding with the enforcement of an arbitral award in the Netherlands.

KK&P TRIAL LAWYERS

Praised for its commercial approach, KK&P TRIAL LAWYERS has a boutique dispute resolution practice across arbitration and mediation. Managing partner and practice co-head Maxim Kulkov has specialist expertise in corporate, investment and construction disputes, and is notably experienced in handling mediation matters. Fellow co-head Oleg Kolotilov focuses on contract, corporate, and administrative disputes, and co-head Nikolay Pokryshkin notably contributes to the team’s ability to handle arbitral proceedings in the Stockholm Chamber of Commerce and International Commercial Arbitration Court.

Practice head(s):

Maxim Kulkov; Oleg Kolotilov; Nikolay Pokryshkin

Testimonials

The team is excellent to work with – it remains innovative and responsive to the tightest of deadlines.

Maxim Kulkov is excellent as an expert witness.

Maxim Kulkov is a leading individual on the Russian dispute resolution market in general, but for arbitration in particular.

Dmitry Vlasov is a creative and responsive lawyer.

Key clients

Candey

Monastyrsky, Zyuba, Stepanov & Partners

Monastyrsky, Zyuba, Stepanov & Partners assists clients with issues relating to arbitration proceedings, expert evidence, and the enforcement of foreign arbitral awards domestically. The team also stands out in the investment treaty arbitration space. Kirill Udovichenko, Yuri Monastyrsky and Dmitry Lovyrev jointly head up the team.

Practice head(s):

Kirill Udovichenko; Yuri Monastyrsky; Dmitry Lovyrev

Testimonials

Monastyrsky, Zyuba, Stepanov & Partners is a synonym for the highest possible quality of legal services. The team is professional, communicates well, and adapts quickly to the most pressing needs of the client. It is also capable of working well even under unpleasant circumstances.

The team has the ability to manage multiple proceedings in multiple jurisdictions very efficiently, and to instruct and coordinate foreign counsel’s work in the most productive way.

The team constantly updates its clients on the progress of all matters and the finding of new and creative ways to resolve their problems, without the need for my colleagues to follow up on the firm’s work.

Dmitry Mukhomorov, Kirill Udovichenko and their associates really demonstrate in-depth knowledge and high flexibility. They work well as a team, keep each other informed on all aspects of the proceedings, and easily replace each other when someone is temporarily unavailable. As a result, there is no need for us to have a key contact or remember who of them is responsible for what aspect of the case.

Key clients

RusPetro

Uralsib

Aeroflot

O1 Group

VEB.RF (Vnesheconombank)

Work highlights

  • Representing Vnesheconombank in enforcement proceedings relating to the enforcement of an investment arbitral award in Ukraine.
  • Represented a subsidiary of Aeroflot in proceedings at the International Council for Commercial Arbitration.
  • Representing VEB.RF in initiating proceedings at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), pursuant to provisions contained in the bilateral investment treaty between Ukraine and the Russian Federation.

Rybalkin, Gortsunyan & Partners

Dispute resolution boutique Rybalkin, Gortsunyan & Partners has significant capabilities in investment treaty and commercial arbitration, as well as arbitration enforcement work. Name partner Ilya Rybalkin heads up the department, which expanded its arbitration offering in 2019 with the arrival of counsel Yuri Makhonin, who was previously practice head at Dechert Russia LLC. Dmitry Dyakin and Vladimir Pestrikov were new arrivals in 2020.

Practice head(s):

Ilya Rybalkin

Testimonials

The firm exists in a unique space of being a domestic boutique firm, and therefore has an in-depth understanding of the commercial needs of Russian corporate and private clients. The team is very loyal, reliable and creative. The lawyers are accepted as peers by prestigious US and UK firms and barristers, which makes cross-border interaction smooth and very effective.

Founding partner Ilya Rybalkin is a longstanding trusted adviser to a number of high-net-worth individuals and heavyweight corporates. Experienced in complex multi-jurisdictional disputes, he has tremendous insight into the commercial objectives of his clients, and is a highly creative lawyer unafraid to think outside the box to achieve those objectives.

Yuri Makhonin is a brilliant counsel for complex international arbitration.

Key clients

Renova Industries

Tatneft

Work highlights

  • Advised a private-equity client on issues relating to an arbitration seated in New York.