Global Arbitration

The international journal of public and private arbitration Review

Volume 3 • Issue 2 www.GlobalArbitrationReview.com

Inside ’s arbitration bar

POVSA Freezing orders • Moral damages • Wood Group corporate counsel interviewed • Global briefing Arbitration 2008 provides expert local insight into arbitration laws and insti- tutions worldwide, providing essential ‘need to know’ answers to the funda- mental questions facing corporations and counsel, and is essential reading for the entire process from the drafting of contractual clauses through to the enforcement of awards in local courts.

Areas covered include:

• Laws and institutions • Arbitration agreement Contributing editors • Constitution of arbitral tribunal Gerhard Wegen and Stephan Wilske • Arbitral proceedings Gleiss Lutz • Interim measures • Awards

ISSN: 1750-9947

Order online at www.gettingthedealthrough.com/bookstore Global Arbitration review Volume 3 • issue 2 Global arbitration Review staff Managing editor David Samuels Editorial Senior writer Sarah Dookhun Reporters Emily Gray, Rosie Cresswell, Ron Knox, So far, 2008 is showing why it is good that publications such as Global Arbitration Review exist Alison Ross, Rachel Bull alongside traditional journals and reviews. The year has begun with a flurry of developments Trainee reporters: Peter Scott, Alexa Van Sickle, Uzma Balkiss Sulaiman, David Thorley that lie outside the scope of traditional law review. We’ve kept readers briefed on stories Research Richard Woolley as they break, via our website. Now in the magazine we have a chance to dig a bit more deeply into those stories and project them forward. This month, we have articles by external Senior production editor Jonathan Cowie Production editor Heather Thomas contributors on two of the topics du jour: moral damages and freezing orders. Meanwhile, Subeditors Jonathan Allen, Sebastian Perry, one of our reporters has written a news piece explaining why Pierre Tercier decided to resign Kathryn Skegg, Sara Davies, Laura Zúñiga as chairman of the ICC’s Court. Online production Ross Roberts

Business development managers Camilla Permin Our cover story this edition is Russia and arbitration. Remove natural resources from Subscriptions manager Julia Pennington the picture and the Russian economy is less relevant than one might imagine to global Editor-in-chief Callum Campbell business. And of course it isn’t somewhere regarded as over-concerned about “law”. These Publisher Richard Davey stereotypes, however, are becoming out of date. A newly affluent middle class is pulling Western corporations to Russia, while Russian corporations care more about how they are Editorial board Shinji Kasukabe perceived from abroad. As a result, Russian corporations are believed ready to accept J William Rowley QC Gabrielle Kaufmann- international arbitration. They’re “no longer only the bad guys who only resist” as one of our Board chair Kohler Richard H Kreindler contributors explains. This exceptional package of articles on the all aspects of arbitration Essam Al Tamimi Toby Landau QC with a Russian backdrop – from practicalities to business potential to who the local specialists José I Astigarraga Charles Lawton are – begins on page 9. C Mark Baker Julian DM Lew QC Charles Beach Loukas Mistelis Doak Bishop Reza Mohtashami Marc Blessing Michael Moser Gary B Born Karyl Nairn Global Arbitration Review Dominique Brown-Berset Jean-Claude Najar Maurizio Brunetti David Robin Oldenstam Brynmor Thomas Fernando Peláez-Pier april 2008 Abby Cohen Smutny David W Rivkin Bernardo M Cremades Audley Sheppard John Davies (competition) Jingzhou Tao John Fellas Albert Jan van den Berg L Yves Fortier CC QC Jacomijn van Haersolte- Emmanuel Gaillard Van Hof Judith Gill Vera Van Houtte Kaj Hóber Claus von Wobeser SC Thomas Wälde Douglas Jones Carita Wallgren Mark Kantor Todd Weiler Pierre A Karrer

Editorial statement Regulars This journal has an open editorial policy. Articles are published on merit. It is not possible for authors Community news...... 2 to sponsor, purchase or in any way pay for the publication of any article in Global ARBITRATION Cases of the month...... 5 Review. We welcome any synopses for articles, which in the first instance should be addressed to David Global briefing...... 41 Samuels. Corporate counsel interview...... 46 Corrections policy We always publish corrections at least as prominently Conference diary...... 48 as the original mistake was published. We are eager to make corrections quickly and candidly. Information about corrections and complaints should be directed Cover story: Russia and arbitration to David Samuels at: 87 Lancaster Road Size of the market...... 9 London, W11 1QQ Tel: +44 20 7908 1184 • Fax: +44 20 7229 6910 Interview with Alexander Komarov...... 12 e-mail: [email protected] Perspectives on MKAS ...... 15 Subscription details To subscribe please contact Who’s who of Russian arbitration...... 17 www.GlobalArbitrationReview.com 87 Lancaster Road Parallel litigation under Russian law...... 26 London W11 1QQ Law Business Public policy, arbitrability and enforcement...... 29 Tel: +44 20 7908 1179 Research Fax: +44 20 7229 6910 Optional arbitration clauses...... 31 Russia and the ECT...... 34 The information and opinions contained in this publication are not intended to provide legal advice, and should not be treated as a substitute for specific advice concerning particular situations (where Features appropriate, from local advisers). Freezing orders...... 37 © 2008 Law Business Research Limited ISSN: 1749-611X Moral damages: a critique of Desert Line...... 35

Printed and distributed by Encompass Print Solutions Tel: 0870 897 3239  russia and arbitration Who’s Who of Arbitration in Russia As the Russian economy expands, so local arbitration skills are developing

he number of quality international that firm would in pass ownership of the case to arbitration in Russia. According to Richard arbitration practitioners in Russia specialists in London or or elsewhere. Chlup of Mannheimer Swartling’s “Tdoes not come close of that Russian firms are at a disadvantage on two office it might even be Russian businesses that of Paris, London or the US,” says Alexander fronts, when pitching against an international firm initiate proceedings: “They’ve become active Komarov, president of MKAS, Russia’s for such work. They don’t have an international claimants that make active use of the advantages international arbitration centre. network to call on. Nor do they have much of international arbitration”. He and others say “But we do have very good international “gung xi” in the world of international arbitration the days when Russian companies were “the bad arbitrators, lawyers from domestic firms are itself. The tendency to go with the foreign adviser guys” who simply challenged awards and resisted increasingly practising arbitration, and many has a legal basis, too. More Russian contracts enforcement are gone. “They want to be taken international law firms with a permanent base are written in a non-Russian law – particularly seriously now”, says one. in the country have Russian lawyers who are English common law, which is seen as good for When Sarah Dookhun, Global Arbitration resident partners, so our collective expertise is creating the kind of robust investment structure Review’s senior writer, visited Moscow to uncover growing.” needed in the Russian context. Unless Russian the local arbitration bar, she found a community Becoming known as an authority on procedural law is selected in the arbitration terms, that was more formed than she’d expected: “I was arbitration while living in Russia is a challenge there is a limited need for advice from within a bit worried that it would be hard to find 21 for an array of reasons, but despite these obstacles, Russia. people rated as good at arbitration in Moscow at a handful of lawyers in Russia enjoy a profile for Those Russian lawyers who are regarded as this point in time. But it really wasn’t. The market arbitration work. authorities on arbitration have often gained that is actually quite developed. It depends a bit how In the era of the Soviet Union, arbitration was standing via a different route. MKAS turns at you define specialist: nobody is yet working on part of the foreign trading system. In its aftermath, least 100 new cases a year. Many of the biggest arbitration – domestic or international - 100 per non-Russian parties continue to request access names for arbitration of Russian extraction cent of their time, particularly at the counsel level. to an international panel. Russian entrepreneurs are connected with it. Others have written on But once you ask for people who are regarded as too have, in some instances, been energetic Russian procedural law, as academics, thereby authorities in the field or known for it – there are users of arbitration. In telecoms, for example, becoming known as an authority. A minority such quite a few. They tend to have come to the area oligarchic rivalries spawned among other matters as the partners at and Vladimir from another directions – academia or sitting as the riveting Megafon-case. That case, between Khvalei are known because of their work as arbitrator. Everyone made a tremendous effort to the businesses of Michael Friedman and Jeffrey on cases outside Russia. impress me with their credentials.” Galmond, a Danish lawyer and investor, built to The ranks of Russia’s arbitration community The universe of specialists who live and work a Scooby-Doo-style ending when the Russian are also growing – from without. The large sums in Russia and are known for ability in arbitration telecoms minister was “unmasked” as (probably) in cases such as Yukos and Megafon – one Yukos is only going to expand. Getting into the next the owner of one of the companies. The claim had US$29 billion at issue – have put Top 21 of arbitration specialists who live in Russia bankruptcy of Yukos also generated a constellation Moscow on the radar of leading international will be a lot tougher. of claims. arbitration groups looking for places to acquire But despite these fertile conditions, if you are work. More are therefore ensuring they have a Methodology a Russian lawyer working at a Russian firm on the ground who “speaks” arbitration. The research for the “Who’s Who of Arbitration chances are low you will be retained as counsel For some of those firms, the process of in Russia” had two-stages. First, a shortlist of on a major international matter. When a few years representing clients in Russian-claims has helped potential specialist practitioners was created, from ago, two Russian members of Clifford Chance in to uncover people in the associates pool with the public resources such as news reports, journals, Moscow were chosen by uranium producer Tenex right mix of languages and other skills and draw our own internal databases and conversations. as its advocates in a billion-dollar arbitration them to the field. This document became the basis for peer-review in Stockholm it was almost the first time that The local view is that arbitration is set to interviews with counsel and arbitrators in and lawyers in Moscow could remember a Russian become more relevant. Russian companies are outside Russia. The results are divided into company making such a choice. More usually, investing outwards, while a consumer boom “superarbitrators”, “highly regarded”, “notable” such a company would retain an international is attracting money inwards. The end of the and “ones to watch”. Practitioners are listed firm with strong credentials for arbitration. And honeymoon period in those relationships alphabetically within bands. may spell a new phase in the development of global arbitration review 17 russia and arbitration

SUPERARBITRATORS SUPERARBITRATORS Alexander President of MKAS Komarov

Alexander Komarov, 58 Alexey Kostin Vice-president of MKAS any panel, sitting either as a sole arbitrator, co- President, MKAS - arbitrator or chairman,” says another practitioner. Sergei Lebedev Chairman of the Maritime International Komarov expects the amount of arbitration Arbitration Commission Commercial Arbitration emanating out of Russia to increase as Russia Court at the Chamber becomes more integrated in the world’s economy. Ivan Zykin Andrey Gorodissky of Commerce and He notes it is not necessary to convince & Partners and vice Industry of the Russian Russian business people to include international president of MKAS Federation arbitration in their contracts, since it has been a long standing tradition in Russia, stemming from HIGHLY REGARDED the Soviet era, that disputes arising out of foreign trade or foreign economic relations be resolved Mikhail Ivanov through international arbitration. “Alexander Komarov is the number one arbitrator Komarov appears in The International Who’s Boris Independent in Russia,” comments one Russian arbitration Who of Commercial Arbitration 2008. Karabelnikov practitioner. Komarov has been president of Russia’s international arbitration institution, Vladimir Khvalei Baker & McKenzie – CIS MKAS, since 1993 and head of private law at one of the leading academic institutions, the Russian Alexey Kostin, 55 Ivan Marisin Clifford Chance LLP Academy of Foreign Trade, since 1988. Vice president, MKAS - As president of MKAS, Komarov cannot International Nina Vilkova Independent sit on panels in arbitrations under its rules but Commercial Arbitration he is active as an arbitrator under the other Court at the Chamber Sergei Volfson Dewey & LeBoeuf LLP major arbitration rules. “He sits everywhere,” of Commerce and says a Russian practitioner based in London. Industry of the Russian NOTABLE Sure enough, a glimpse at his CV finds recent Federation appointments as arbitrator in institutional and Timur Aitkulov Clifford Chance LLP ad hoc proceedings in Moscow, London, Paris, Stockholm, Vienna, Budapest, , Sofia, Olga Anisimova Orrick Herrington & Kiev, Geneva and Zurich. Komarov was a party- Sutcliffe LLP appointed arbitrator in one of the two Swiss “Alexey Kostin is one of the very best when it arbitrations that formed part of the long-running comes to Russian arbitrators,” says a Paris-based Dmitry Dyakin Magisters dispute about ownership of a key stake in Russia’s international arbitration specialist experienced in third-largest mobile phone operator, MegaFon. Russian disputes. Yaroslav Klimov Freshfields Bruckhaus He was appointed in the Geneva arbitration. Kostin was educated at the Moscow State Deringer A specialist familiar with arbitration in Institute of International Relations where he Russia says Komarov is “very smart and well gained a PhD in Law, and also attended the Dmitry Kurochkin CIS LLP respected”. In recognition of his energy and Wharton Business School of the University of experience, Komarov has been honoured with Pennsylvania and Harvard Business School. At Ilya Nikiforov Egorov Puginsky Afanasiev some of the highest law-reform and development present, Kostin is a vice president of MKAS and & Partners roles available, including becoming a member head of the private international and civil law of the Council at the President of the Russian department at Russia’s most famous university, the Dominic Pellew Lovells LLP Federation on Codification and Development Moscow State Institute of International Relations. of Civil Legislation, a member of the ‘Council According to one source, Kostin is an ONES TO WATCH at the President of the Russian Federation on “excellent practitioner with vast international Judicial Reform’, a key part of the Russian experience”. He has served on several hundred Francesca Albert Herbert Smith CIS LLP Federation Delegation to UNCITRAL and at the international arbitration panels under the major International Council for Commercial Arbitration. arbitration rules, including the ICC International Alexei Dudko CIS He also chairs the Commission on International Court of Arbitration, the Arbitration Institute Arbitration for ICC Russia, sits on the board for of the Stockholm Chamber of Commerce, the Tatiana Minaeva White & Case LLP foreign members at the Arbitration Institute of London Court of International Arbitration, and the Stockholm Chamber of Commerce, and is a under UNCITRAL arbitration rules. Kostin Evgeny Yukov Khrenov & Partners fellow of the Chartered Institute of Arbitrators. is also a member of the Chartered Institute of Raschevsky “He is dedicated to the promotion of MKAS Arbitrators and the LCIA, and is a listed arbitrator and is also a splendid arbitrator to have on at arbitral institutes in Lithuania, Moldova, Practitioners are listed alphabetically within Mongolia, and Ukraine. bands.

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Sergei Lebedev, 73 Nuclear Services and Supply and a state-owned arbitrator and counsel. In addition, serving as Chairman, Maritime uranium producer Tenex after it terminated a vice president of MKAS is the focal point Arbitration Commission their uranium sales contract so it could help of international arbitration work at Andrey at the Chamber of Russia meet its obligations under a Russia-US Gorodissky & Partners in Moscow. The firm was Commerce and Industry international nuclear disarmament treaty. The founded in 1992. Before entering private practice, of the Russian claimants were advised by Pepper Hamilton Zykin was a senior legal adviser at the USSR Federation LLP in Philadelphia and Mannheimer Swartling Ministry of Foreign Trade and a senior research Advokatbyrå in Stockholm. Tenex was represented officer at the Research Institute of Foreign by counsel from the Moscow and Paris offices of Economic Relations. Clifford Chance LLP and Jones Day LLP in Paris. “He’s very highly regarded and experienced” Lebedev is a member of the MKAS presidium says one peer. As counsel, Zykin’s recent work and is chairman of Russia’s Maritime Arbitration includes successfully defending a Russian “Sergei Lebedev is getting on in age but Commission. He is also a professor at the Moscow company in facing a construction-related is still very active and very good,” says one State Institute of International Relations and has arbitration in Stockholm under SCC rules. He’s international arbitration practitioner. Lebedev is served as Russia’s representative to the United been an arbitrator on around 150 international in high demand - having practised international Nations Commission on International Trade Law. arbitrations, he estimates, under diverse rules, arbitration for over 45 years - he has sat as an including those of the SCC and the ICC and arbitrator in over 600 international arbitrations. UNCITRAL rules. Only he and Komarov feature in The International Reports on our own website, Global Who’s Who of Commercial Arbitration 2008. Arbitration Review, show Zykin has been Lebedev is also an honorary vice president of the Ivan Zykin, 56 appointed by Russian oil company JSC International Council for Commercial Arbitration. Partner, Andrey Surgutneftgaz in a class action arbitration brought “He is well versed in the field of international Gorodissky & Partners by Harvard University under the rules of the arbitration,” says a Russian arbitration specialist, and vice president, American Arbitration Association. The dispute “and is increasingly appearing as chairman in MKAS concerns investments that Harvard University bilateral investment treaty arbitrations.” made in the Russian company. Harvard University Lebedev’s recent experience as an arbitrator is seeking millions of dollars-worth of dividends it includes sitting as president of the panel in a says remain unpaid. dispute between Belgian construction contractors Zykin combines his professional work with and the Russian Federation under SCC rules. The lecturing at the Russian Academy of Foreign tribunal dismissed the claim, brought by Vladimir Trade, which he’s now been doing for 25 years. and Moise Berschader under the Russia-Belgium He’s written 50 publications on business law and bilateral investment treaty, for lack of jurisdiction. “Ivan Zykin is very well known and definitely international commercial arbitration. “He is a top- He also sat as a party-appointed arbitrator in makes the top five arbitration practitioners in tier academic who I cannot rate highly enough,” a billion-dollar SCC arbitration that made news Russia”, says one specialist based in Moscow. says another interviewee. in June 2007, between a US company Globe Zykin practises as both an international

in an arbitration under MKAS rules in a dispute against a Tajikistan state enterprise. highly regarded Ivanov speaks Russian, English and German. He joined Salans in 1998 as an associate working out of the Moscow and St Petersburg offices. He was elected to partner in 2004 and then made Mikhail Ivanov, 45 Sarah François-Poncet, chair of Salans’ managing partner of the St Petersburg office a Managing partner (St international arbitration practice, says: “Mikhail year later. Before joining Salans, Ivanov had his Petersburg), Salans has participated in some very significant and own firm, M Ivanov & Partners in St Petersburg; successful international arbitrations under the he was also associate at Deringer Tessin Herrmann SCC rules with the Paris arbitration team. He also & Sedemund in Moscow. spearheads the firm’s very active MKAS practice.” Ivanov has succeeded the leadership role for Salans is a firm known for its connections arbitration in Russia from Sergei Marinich. He with Russia, the Commonwealth Independent remains a partner and is attached to the arbitration States and Central and Eastern Europe. Ivanov’s practice, but now in a strategic role. He’s regarded arbitration work includes a recent matter for a as particularly experienced in the enforcement of French construction company against a Russian international arbitration awards. Marinich is “very developer in an SCC construction arbitration smart and extremely knowledgeable,” says one Mikhail Ivanov, managing partner of Salans’ St about a shopping centre (his client won). He was practitioner. Petersburg office, has become the focal point for also counsel to a Swiss commodities company this international firm’s Russia arbitration practice. global arbitration review 19 russia and arbitration

Boris Karabelnikov, 39 Vladimir Khvalei leads Baker & McKenzie’s CIS clients, both Russian and foreign, on matters Solo practitioner and dispute resolution practice group. And he’s much of considerable complexity and value. They professor of law, admired: one interviewee, for example, felt him understand the Russian legal system extremely Moscow School of Social to be “Russia’s biggest player in international well and are hard working and very persuasive and Economic Sciences arbitration”, when it comes to those who act advocates.” primarily as counsel. Marisin studied at the Moscow State Khvalei was picked by Russia’s largest oil University, the University of Vienna and company LUKOIL to represent it in a dispute University. He’s on the rosters of several with PetroKazakhstan about shares in a petroleum international arbitration institutions, including joint venture. He’s acted as counsel for the MKAS and the Austrian Federal Economic same client on other “complex disputes”, as Chamber’s International Arbitration Centre. one source put it, that have taken him from the “Marisin is impressive and experienced in Karabelnikov is young for this category, but Netherlands to Sweden to Kazakhstan. “Khvalei the field,” says one interviewee. Marisin himself his peers say he already has a big reputation has the reputation of being the person to go to says he devotes half of his time to international as an authority in the field, created in part by in Russia,” says one Moscow-based practitioner. arbitration. Furthermore, he’s been lead counsel his popular research and writing on Russia’s “He’s a star in Russia’s legal world with a superb on matters taking place outside Russia – in procedural law. “He’s an excellent academic” says reputation in international disputes,” says another, Stockholm, London, Geneva, Vienna, and Warsaw. one. Another agrees: “He is an authority in the noting that he’s even defended a UK Marisin was the lead on a matter for the field of international arbitration”. firm in arbitration, after it was pursued by a Russian uranium producer Tenex after it faced a Before going solo, Karabelnikov worked at former client under MKAS rules. “He won, and billion-dollar arbitration under SCC rules against the Russian Most-Pravo and Klishin & Partners recovered all costs” says the impressed source. US company Globe Nuclear Services and Supply. in Moscow. Later, in 1993, he joined Salans Khvalei is active in Young International Tenex won. Hertzfeld & Heilbronn (now Salans) – which had Arbitration Group of the London Court of Marisin has also acted as counsel to Moscow long advised businesses that were trading across International Arbitration, for which he serves Oil Refinery in a US$500 million ad hoc the Iron Curtain and was one of the first to build as the Eastern Europe, Russia and CIS regional arbitration in London against Fiber Technologies size in Moscow. He practised as a senior associate representative. He’s also a member of the Polish International about the construction of a plastics working in the Moscow, London and Paris offices Arbitration Association and on the rosters of plant. until 2000. international arbitration courts in Austria, Belarus Karabelnikov has published extensively and Kazakhstan. on Russian procedural law as it relates to He publishes too, including a section for international arbitration. A third edition of his Arbitration Law and Practice in Central & Eastern book Recognition and enforcement of foreign arbitral Europe, which covers 13 jurisdictions in the Nina Vilkova awards: A theoretical and practical commentary to region. He’s also provided articles on enforcing Professor, Russian the 1958 New York Convention will be published foreign awards in Russia to the Stockholm Academy for Foreign this year. It remains the only Russian language International Arbitration Review. Trade, 30 years post- commentary on the convention. qualification experience Karabelnikov says he devotes 70 per cent of his time to international arbitration, practising as an arbitrator, counsel and as an expert witness in disputes. He is on the MKAS panel of arbitrators Ivan Marisin, 46 and has also sat as an arbitrator under the rules of Senior partner, Clifford the SCC. Chance LLP As counsel he has represented parties in Moscow and in Stockholm under UNCITRAL Professor of international law, Nina Vilkova and ICC International Court of Arbitration rules. acts as an arbitrator in around 20 cases per year As an independent, part of his work now consists under the auspices of the major international of acting as consultant to international law firms arbitration institutions. She is the Russian in arbitration cases with a Russian law aspect. Federation’s member of the ICC International Court of Arbitration, a member of the Chartered Institute of Arbitrators, and is listed on the panel of arbitrators at MKAS. Practitioners describe her Vladimir Khvalei, 40 Marisin joined Clifford Chance’s Moscow office as one of Russia’s best-known arbitration experts. Partner, Baker & in 1992, was promoted to partner five years later, “She is a talented academic who is prominent on McKenzie – CIS and then made managing partner in 2000 and the conference circuit,” says one. senior partner in 2005. Vilkova, who is fluent in Russian, English and Marisin is one of two practitioners from French, has published extensively on international Clifford Chance who appear in the top 21. arbitration. One recent publication includes, (Timur Aitkulov appears below). Current Issues of International Commercial Arbitration Audley Sheppard, an international arbitration - To the 70th Anniversary of International Commercial partner at Clifford Chance LLP in London, says Arbitration Court at the Chamber of Commerce and they deserve the profile they have in arbitration. Industry of the Russian Federation: Trade Usages in the He considers them two of Russia’s leading ICAC (MKAS) Practice. arbitration practitioners: “They have acted for

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Vilkova teaches in the department of private law at the Russian Academy for Foreign Trade and NOTABLE is also a visiting professor at Lapland University.

Timur Aitkulov, 32 during the last year. She says it is common for a Partner, Clifford lawyer from the Moscow office of an international Sergei Volfson, 36 Chance LLP to receive back up from the firm’s Counsel, Dewey & London, Paris or other European offices when LeBoeuf LLP handling an international arbitration dispute from Russia, and vice versa – Western European lawyers handling a case governed by Russian law or about a Russian party will be assisted by Moscow lawyers. She has acted frequently in international arbitrations occurring in Russia, representing parties at MKAS. Anisimova says that MKAS “A great practitioner in this field – and with a deserves its good reputation and that she would sharp mind,” says one Russian lawyer of Timur recommend it as a place of arbitration, since Sergei Volfson divides his time between litigation Aitkulov, summarising a widespread view . the arbitrators are of high quality and it is often and international arbitration. He joined the Aitkulov devotes between 60 and 70 per quicker than arbitrating at other international Moscow office of LeBoeuf Lamb Greene & cent of his time to international arbitration and institutions. MacRae LLP (now Dewey & LeBoeuf) in has acted as counsel in disputes in Stockholm, Anisimova joined Orrick Herrington & October 2007, to be head of the Russia/CIS London, Moscow and Zurich. He was one of the Sutcliffe LLP in 2005 after 11 years at Coudert dispute resolution practice. lead advocates on the team that defended a state- Brothers LLP in Moscow. She was previously in- Volfson’s busy career has taken him across owned uranium producer against a billion-dollar house counsel for the Russian company Baltic Russia and beyond. He served for a while as a SCC arbitration brought by a US company. Ship Yard and is a former judge of one of the prosector in the Military Prosecutor’s Office of Aitkulov joined Clifford Chance in 2004, district courts in St Petersburg. the Russian Army, before joining private practice having worked at Blishchenko and Partners for at the firms of Business Pravo Law Offices in eight years. Yekaterinburg. After that he joined Wedlake Bell Aitkulov shares the opinion that the in London, and then Cameron McKenna before traditional “non-Russian” venue for Russian moving back to Russia and joining Chadbourne & arbitration, Stockholm, is losing ground to the Dmitry Dyakin, 31 Parke LLP in Moscow. LCIA now, in part because contracts are often Managing partner Volfson has acted in arbitrations under written using English law, which he says reflects (Moscow), Magisters the rules of the ICC International Court of the high regard Russians have for the English legal Arbitration, the LCIA, the SCC and MKAS. He system. He says of course MKAS is popular with says when it comes to international arbitration, Russian parties and is certainly an acceptable place Russian parties have traditionally looked to to arbitrate, although there is room for to improve Stockholm, but these days look more and more in some areas, such as its efficiency. towards London and the LCIA, especially since the Aitkulov’s own view is that Clifford Chance majority of Russian transactions are now governed and Baker & McKenzie are the only firms able to by English law. offer a true international arbitration practice led That said, he regards MKAS as a good by Russians from Russia. compromise for contracting parties who don’t Dmitry Dyakin has led the Moscow dispute want to risk Russia’s courts but are reluctant at resolution practice at Magisters since its merger the same time to completely leave the milieu they with his own firm Legas Legal Solutions in 2006. know – Eastern Europe. He is a former in-house counsel for Russian He also thinks that the case law from Olga Anisimova, 52 distribution company Energokaskad. “Magisters is Russian state courts on international arbitration Partner, Orrick Herrington a good firm and Dmitry is a young counsel with is improving – it was a problem – although there & Sutcliffe LLP growing experience in international arbitration,” can be broad interpretations of the public policy one specialist says. ground for award-refusal that’s n the New York Dyakin practises both arbitration and Convention. He offers the Joy-Lud case as an litigation. He says he devotes around 40 per example of the less wonderful decisions. Joy-Lud cent of his time to international arbitration obtained a US$28 million award but hit difficulties and his work in arbitration includes acting as when the Russian state courts refused enforcement counsel under the rules of the arbitral institutions because a hyphen was missing in the claimant’s outside Russia, in addition to MKAS. At present, name in the award. for example, he is lead counsel to Russian car manufacturer Avtotor in a dispute against a US Olga Anisimova continues to have a name for company in Stockholm under ICC International arbitration, although she herself says that recently Court of Arbitration rules. her practice has focused more on litigation, at least global arbitration review 21 russia and arbitration

Dmitry Kurochkin, 37 He is also advising a Russian of the ICC International Arbitration Court before telecommunications company in an arbitration, Partner, Herbert Smith working in the St Petersburg office of Gide now at the enforcement stage, about the CIS LLP Loyrette Nouel and as foreign legal counsel at ownership of shares in a Ukrainian mobile Fulbright & Jaworski LLP in Washington, DC. telecoms company. The case is being conducted in Nikiforov’s relevant experience includes conjunction with Magisters’ Kiev office. “Dmitry successfully representing Russian parties in is bright and smart, and I expect the team in related arbitration, litigation and enforcement Moscow to flourish under his leadership,” says proceedings in Moscow, New York and London. another practitioner. Recently the firm has been He has written numerous articles on international instructed on two new foreign arbitrations and arbitration, including “Evidence in International two MKAS cases. Commercial Arbitration: A Russian View” and “New Developments in the Legal Framework Dmitry Kurochkin is a Russian-qualified of International Arbitration in the Russian lawyer, who focuses on dispute resolution. He Federation”, which was included in the Stockholm was educated at the Moscow State Institute of Arbitration Report. Yaroslav Klimov, 34 International Relations and the University of Counsel, Freshfields Frankfurt am Main. Bruckhaus Deringer Interviewees noted his reputation in litigation, and a growing visibility for international arbitration. He says he devotes 40 per cent of Dominic Pellew, 39 his time now to international arbitration. He’s a Partner, Lovells LLP member of the Swiss Arbitration Association and the German Institution of Arbitration. Kurochkin has acted as counsel in international arbitration proceedings under MKAS, LCIA, SCC and ICC rules and advises regularly on the recognition and enforcement Yaroslav Klimov leads Freshfields Bruckhaus of foreign arbitral awards. One example of his Deringer’s dispute resolution group in Russia. work is successfully obtaining a freezing order for He practises both litigation and international Japanese company Nissho Iwai Corporation from arbitration and is described as “young and bright”. a Russian court against two Russian respondents Klimov has been a counsel on cases heard in relation to arbitration proceedings under the Dominic Pellew is an English and French- under the rules of the ICC International Court rules of the LCIA. qualified practitioner, who recently returned to of Arbitration, the LCIA and MKAS. Lately, he “Dmitry is a sophisticated and intelligent Moscow, following a posting there earlier in his has been representing Russia’s largest paper and practitioner,” says one specialist, “who is career. mill holding company in a dispute under LCIA spearheading the development of that Moscow Pellew was working for Herbert Smith LLP rules about control of the paper pulp industry in dispute resolution group.” until 2007. He worked at its offices in London, Russia. Moscow (1999 to 2001) and then Paris. He is a Klimov expects the number of international fluent Russian speaker. arbitrations emanating from Russia to increase in In 2007 he joined Lovells LLP and returned the next few years. “Despite judicial reforms in to Moscow again. Pellew has worked on Russia, the local courts are not [yet] perceived as Ilya Nikiforov, 37 various Russia-related international arbitrations a reliable forum for the resolution of commercial Managing partner (St particularly for Alfa Group, owned by Russian disputes and this perception is unlikely to change Petersburg), Egorov oligarch Mikhail Friedman. for many years, so arbitration is seen as more Puginsky Afanasiev & According to Pellew, Russian parties facing reliable,” he says. Partners high-stakes international arbitration tend to seek Nigel Rawding, an international arbitration an international firm with the right credentials partner at Freshfields Bruckhaus Deringer in and strength where the arbitration is seated. Often London, who has led Klimov in a series of though, the initial contact between the client Russia-related disputes in recent years, has and the firm happens in Moscow and Moscow nothing but admiration for him. “Yaroslav’s remains an important interface for the client. It is appreciation of the international aspects of dispute rare, he thinks, for international firms to have real resolution and his excellent client skills make him specialist arbitration capacity in Moscow. a highly valued member of our international team Ilya Nikiforov is a focal point for arbitration at Although Russians seem to be favouring – as well as a prominent figure in our very busy the Russian firm Egorov Puginsky Afanasiev & institutions in London and Stockholm more Moscow office,” says Rawding. Partners. He is the described an “emerging figure” recently, Pellew thinks MKAS deserves to remain Klimov is one of three Russia-focused in the international arbitration market. a real alternative for lower-value claims or where international arbitration specialists in the younger After graduating from the School of Law cost and speed are key. MKAS is well connected section of the Freshfields Bruckhaus Deringer of St Petersburg State University, he studied to the global arbitration community he notes, international arbitration group, although he’s the international law in the US at Case Western and can provide some excellent arbitrators. He only one based in Moscow. The others are partner Reserve University. He then completed says enforcement of arbitration awards in Russia, Alexander Yanos in New York and senior associate internships with the law department of the whether foreign or MKAS, is still a big problem. Daniel Kalderimis in London. International Monetary Fund and the secretariat

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