KK&P (Kulkov, Kolotilov and Partners)

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Firm profile for Europe 2021

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Europe 2021
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About

This content is provided by KK&P (Kulkov, Kolotilov and Partners).

Managing Partner: Maxim Kulkov
Partners: Oleg Kolotilov, Nikolay Pokryshkin
Number number of lawyers focused on litigation and arbitration (including partners): 17
Languages: English, French, German, Italian, Russian, Spanish

Firm Overview:
Recognised by the GAR 100 2018 as one of only two Russian firms among the world’s 165 leading arbitration firms, KK&P is a litigation and arbitration boutique ranked among the five best dispute resolution firms in Russia.

The firm is headed by three partners (including Maxim Kulkov, one of Russia’s top litigators, who has over 23 years’ experience and over a hundred court wins) who, over the many years of their joint work, have formed one of the strongest teams in the field of commercial dispute resolution. The firm brings together a carefully selected team of dispute resolution-focused lawyers with extensive experience in commercial litigation and arbitration (including insolvency litigation proceedings). Eight members of the firm’s team (including all three partners) have advocate status.

KK&P has represented clients in Russian commercial courts and courts of general jurisdiction of all levels (including the Supreme Court and the Constitutional Court) and all major arbitral institutions (LCIA, ICC, SCC, VIAC and ICAC), as well as in ad hoc arbitrations (for example, under UNCITRAL rules). The firm has handled cases in 50+ jurisdictions including courts of various foreign states (including England, the USA, Germany, Cyprus, Belgium and the BVI). With KK&P, clients benefit from a dedicated and focused team with a partner’s active involvement from start to finish. A smaller structure and narrow specialisation allows for greater flexibility when it comes to staffing, pricing and avoiding conflicts of interest. As a boutique law firm, KK&P accepts a limited number of engagements in order to make sure that clients receive a tailor-made approach consistent with the highest standards of the profession.

PRACTICE AREAS:
1) Complex Dispute Resolution (domestic, CIS-related and international disputes):
- International & Domestic Arbitration
- Insolvency Litigation (with cross-border aspects)
- Proceedings in Russian Courts
- Proceedings in Foreign Courts
- Expert Reports, Legal Opinions on Russian law in foreign courts and arbitral proceedings
2) Mediation/Alternative Dispute Resolution
3) Corporate & Regulatory Investigations

Examples of the Firm’s Projects:
• Representing Ukraine in the case of Tatneft’s application for recognition and enforcement of an investment arbitral award worth approximately US$150 million. This is the first case to be heard in Russia on the recognition and enforcement of decisions of an international investment arbitration against a foreign state.

• Representing international aerospace technology company MacDonald Dettwiler and Associates in proceedings for the recognition and enforcement of an ICC award against Russian state-owned strategic enterprise NIIR (Radio Research and Development Institute, one of Russia’s scientific centres for advanced radio technologies and the development of complex telecommunication systems), for recovery from it of in excess of US$10 million in debt under contracts for the manufacture of equipment for satellites. The Moscow City Commercial Court issued a ruling on recognition and enforcement, which NIIR filed an appeal against with the Moscow Okrug Commercial Court. The appeal was rejected in favour of a peaceful settlement on favourable terms for our client. The settlement agreement has been executed in full.

• Preparation of several expert reports, and providing evidence to an English court, in a dispute involving Oleg Deripaska, ex-chairman of Vnesheconombank Viktor Chernukhin and his former common-law wife Lolita Danilina arising out of a joint venture agreement regarding the valuable Trekhgornaya Manufaktura site in the centre of Moscow. Reports prepared under this project were on the regulation of different types of contract (sale and purchase, donation, agency, and simple partnership), on the validity of disputed contracts and the estoppel principle, and on the legal regulation of trust property and property accumulated by the parties to a common-law marriage.

• Maxim Kulkov’s participation in High Court of England and Wales proceedings as an expert in Russian law (insolvency and corporate law, tort liability, and damages) in the BM Bank (Bank of Moscow) vs Vladimir Kekhman case. Mr Kekhman, the former head of JFC Group, was accused of receiving loans of US$140 million and around US$4.6 million issued by the bank to Mr Kekhman’s structures while Mr Kekhman had concealed material facts regarding the financial condition of JFC, which was on the edge of bankruptcy. Maxim Kulkov’s conclusions and evidence were accepted by the court and formed the basis of the ruling compelling Mr Kekhman to repay the debts in full.

• Representing a major agricultural company in proceedings on the recognition and enforcement of arbitration awards granted by an international commercial arbitration held in London (FOSFA) against a Russian company in a dispute on unlawful termination of a contract.

• Representing Raiffeisen Bank at all stages of the bankruptcy of a debtor owing over US$53 million secured by the mortgage of one of the largest shopping malls in Russia (including disputes over claims by other lenders, complaints regarding the arbitration manager, and challenging the debtor’s transactions, including those with the client).

• Representing B&N Group (including MDM Bank, Rost Bank, Politeks and FK Rost) as lenders:
(1) with total claims in excess of US79.4 million of principal debt in 23 insolvency cases (BTC, Formoza-Altair and Vella-Spektr groups). The project included challenging transactions and countering fictitious claims of other lenders, consolidating the claims register and establishing control over the procedures.
(2) in the bankruptcy of four individuals (beneficiaries of the client’s debtor companies). The project included challenging asset withdrawal transactions in the Russian Federation, as well as coordinating the freezing and recovery of foreign assets.
(3) challenging payments of US$4.4 million to Otkritie Bank.
Success in these cases required the creation of a new approach in court practice (which was supported by the RF Supreme Court) of (i) contesting third-party payments aimed at fulfilling the debtor’s obligation to friendly lenders (and recovering such payments to the debtor’s bankruptcy estate, despite their commitment third parties); and (ii) shifting the burden of proof of such payments having been made at the debtor’s expense from the claimants (lenders and arbitration manager) to the respondents (payees and payers).

• Defending a general contractor in the ICAC at the Chamber of Commerce and Industry of the Russian Federation against a claim by a customer worth over US$65 million in connection with complaints about the quality of work on the construction of a shopping centre, as well as submitting a counterclaim on behalf of the general contractor for the return of equipment left at the site.

• Representing an international Germany-headquartered pharmaceutical company in a dispute with a Russian bank regarding its refusal to pay a bank guarantee. The dispute is complicated by the Principal’s bankruptcy and concerns the right of the guarantor to raise objections arising from allegedly inadequate supply under the contract secured by a bank guarantee, as well as the inaccurate details of the contract in the documents the client submitted to the bank before engaging the firm.

• Defending two German senior executives of a Russian holding company from subsidiary liability amounting to US$8 million. The case is complicated by numerous incidents and negative testimony given by former employees of the debtor, and, allegedly, the nominal participant and general director of the debtor, as well as the repayment of large intragroup loans.

• Representing RBC (formerly a participant in the debtor) in four proceedings, including:
(1) a dispute on the client’s subsidiary liability for the alleged transfer of the debtor’s business; and (2) a dispute on the invalidity the debtor’s payments to a UK company allegedly controlled by the client, amounting to in excess of US$56 million.

• Advising JSC Gazpromneft-Aero on Transaero airline’s bankruptcy case with regard to contesting over US$1.5 billion in claims brought by lenders/lessors on the basis of dozens of English-law-governed lease contracts and related agreements (including coordinating specialists in English and Russian law and arranging for expert reports).

• Preparing an expert report for the English court on several matters, including recovery of damages resulting from the undue tenders held in relation to the bankruptcy of a Russian oil company, and the alleged interference by respondents in a transaction between the company’s shareholders and third parties (tort of interference). The report also touches on matters of joint and several tort liability, liability for harm caused by employees, and the statute of limitations in relation to claims for damages.

• Representing an international oilfield services company at the ICAC at the Chamber of Commerce and Industry of the Russian Federation in a lawsuit against an another international oilfield services company in connection with the reimbursement of the client's expenses of more than US$5 million on remedying an accident and restoring the hermetic seal of an oil well.

• Defending T Plus, a major Russian company operating in the field of electricity and heat generation, in connection with the Volga Paper Company’s US$11.5 million claim for damages relating to obligations arising out of a sale and purchase contract for a thermal power plant.

• Recovering payment for delivered oil products from a Russian regional oil refinery in favour of Volga Terminal Transit, a petroleum products exporter, in the amount of around US$4.6 million.

• Maxim Kulkov’s participation in the London Court of International Arbitration as an expert on Russian law issues (signs of an artificial insolvency and the subsidiary liability of controlling persons) in a dispute between shareholders in a major e-commerce platform on the recovery of app. US$500 million in losses.

• Preparing a legal report for an English court in the interests of the former owners of a Russian bank on the recognition and enforcement in Russia of English court decisions on the recovery of court costs from individuals in Russia.

• Preparing an expert report for the purposes of filing a suit with a London court against the founders and management of an insolvent Russian bank and its affiliates. The opinion concerns matters of liability (including joint and several liability) of the company’s controlling persons for harm caused (including causing the company’s insolvency), challenging transactions, and the possibility of filing the relevant suits with an English court in spite of the company being bankrupt in Russia.

Key Publishable Clients:
• ABB
• Air Liquide
• AKROS
• Alvarez & Marsal
• Arcticgas
• Avia-FED-Service
• B&N BANK
• Brunswick Rail
• Caterpillar Financial
• Cifra1 (Alma Group)
• Erick van Egeraat
• GALA-FORM
• GATX
• Gazpromneft-Aero
• International Bank of Azerbaijan
• KPMG
• MDA (MacDonald Dettwiler and Associates)
• MDM Bank
• Raiffeisenbank
• RBC
• Siberian Anthracite
• Sonara Ltd
• Sovfracht
• T Plus
• Volga Terminal Transit

Key Contacts:
• Maxim Kulkov ([email protected])
• Oleg Kolotilov ([email protected])
• Nikolay Pokryshkin ([email protected])

Europe

This firm is also ranked in:

Global 2021

Ranked Departments

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Russia

Dispute Resolution: Domestic High-End
Band 2
Dispute Resolution: International
Band 3
Restructuring/Insolvency: Litigation
Band 2

Ranked Lawyers

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

Russia

Dispute Resolution: Domestic High-End


Maxim Kulkov
Band 1
Nikolay Pokryshkin
Up and Coming
Oleg Kolotilov
Up and Coming

Dispute Resolution: International


Maxim Kulkov
Band 3

Top Ranked Lawyers

Band 1
Maxim KulkovDispute Resolution: Domestic High-End
Band 3
Maxim KulkovDispute Resolution: International
Up and Coming
Nikolay PokryshkinDispute Resolution: Domestic High-End
Oleg KolotilovDispute Resolution: Domestic High-End

Ranked Offices

Chambers Research is conducted by 200 Research Analysts, across 200 jurisdictions and provides nearly 6,000 rankings tables. Annually we collect hundreds of thousands of responses from clients, the majority via in-depth interview. Learn more about our methodology.

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4th Golutvinsky pereulok 1/8 bld. 5

Moscow

Moscow

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119180

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