ARBITRATION

ARBITRATION

INTERNATIONAL COMMERCIAL ARBITRATION

INTERNATIONAL COMMERCIAL ARBITRATION

International commercial arbitration has been a recognized and effective mechanism for international dispute resolution for more than half a century. Foreign trade contract parties choose the arbitration tribunals' jurisdiction for a number of reasons, and most important among them are the need to remove the dispute from the competence of the national court for one of the parties, as well as to ensure impartial consideration of the case by highly professional arbitrators and to recognize and enforce the resulting decision in as many jurisdictions as possible.
The team provides full legal support for disputes in international commercial arbitration, including drafting a valid and enforceable arbitration clause, assessing the legal risks and prospects of arbitration proceedings, representing interests in arbitration, and enforcing the award of the arbitral tribunal.
The team has unique experience in advising and defending clients' interests in recognized foreign arbitration institutions, such as SCC, ICC, CAM, CIETAC, LCIA, HKIAC, DIAC, as well as in the leading national permanent arbitration institutions - ICAC at the Chamber of Commerce and Industry of the Russian Federation, Russian Arbitration Center. In addition, lawyers of the Firm are competent in ad hoc arbitration under UNCITRAL rules.

ARBITRATION PROCEEDINGS

Domestic arbitration

Domestic arbitration between Russian counterparties in permanent arbitration institutions have been gaining popularity among Russian companies since the 2015 arbitration reform. Most domestic arbitration cases are examined by three arbitration institutions: the ICAC at the Chamber of Commerce and Industry of the Russian Federation, the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, and the Russian Arbitration Center.
Our lawyers have extensive experience in representing clients in all three arbitration institutes. Moreover, the arbitration institutes appoint lawyers of the Firm as arbitrators, which allows them to implement the best arbitration practices and offer the most comprehensive solutions to their clients.

INVESTMENT ARBITRATION

INVESTMENT ARBITRATION

Investment arbitration stands apart from other methods of dispute resolution due to the specific nature of the respondent: a sovereign state acting as an investment host. Arbitration proceedings between a foreign investor and a state in connection with the expropriation of investments are rare, complex and require a high level of professionalism from legal representatives.
The Firm advises its clients on investments abroad and has experience in representing them in ad hoc investment arbitrations under UNCITRAL rules.

RANKINGS

  • Rossiyskaya Gazeta, 2023-2024
    Individual Rankings of Practice Partners (2023–2024)
    🥇 Band 1. International Projects
  • Forbes Club Legal Ranking, 2022
    2022:
    🥈 Band 2 - Leading Firm:
    • International Dispute Resolution
    🥉 Band 3 - Recommended Firm:
    • Asset structuring abroad/ Protection of personal assets abroad
  • Коммерсантъ, 2020-2023
    2021:
    🥇 Band 1 (#8 ): International Commercial Arbitration

    Individual Lawyer Rankings:
    • 2023: International Dispute Resolution — Individual Ranking of Practice Partner
    • 2022: International Dispute Resolution — Sergey Kovalev
  • Best Lawyers, 2020
    Individual Ranking of Practice Partner:
    • 2020: International Arbitration and Mediation

SELECTED EXPERIENCE

  • Representing a Russian industrial holding in an investment arbitration under UNCITRAL rules in connection with expropriation of assets in a neighboring state.
  • Advising a Russian individual in an international commercial arbitration under the ICAC rules at the Chamber of Commerce and Industry of the Russian Federation in a dispute against British counterparty under a services agreement.
  • Acting for the Russian Federation in an international commercial arbitration under UNCITRAL rules in a dispute arising out of a production sharing agreement with an American oil company.
  • Advising a leading Russian aircraft manufacturer in a dispute under the ICC rules arising out of a components supply contract subject to Swiss law.
  • Advising a major metalworking company in a dispute with a Middle Eastern counterparty involving arbitration under LCIA rules.
  • Advising a major Russian logistics company regarding a dispute over the sale and purchase of 3 offshore container ships under the LCIA.
  • Legal support of a national transportation and logistics company in an international arbitration under the Russian Arbitration Center rules in a dispute against a Korean counterparty under a freight forwarding contract.
  • Legal defense of a Cypriot carrier in parallel arbitrations under the rules of the Milan Arbitration Chamber and the SCC in a dispute over transportation forwarding contracts.
  • Defending a subsidiary of a Russian state corporation in an international arbitration under ICC rules in a dispute arising out of a supply contract.
  • Representing a Russian trade and production association in an international arbitration under CIETAC rules in a supply agreement with a Chinese counterparty.
  • Representing the vice president of the International boxing association (IBA) and the head of the European boxing confederation (ЕВА) in disputes on removal from office before CAS (Lausanne), civil and criminal courts of the Swiss.
  • Representing a Hong Kong tourist agency in a dispute with a major Russian airline arising out of a charter aircraft contract before the International Commercial Arbitration Court, including claims settlement, arbitration proceedings and dispute resolution on favourable terms for the client.
  • Representing one of the major international developers in a dispute regarding the application of interim measures in support of LCIA arbitration.
  • Representing one of the largest beer producers in a dispute on recognition and enforcement of an ICAC arbitral award.
  • Representing a federal city in an ad hoc arbitration arising out of a concession agreement, where the non-enforceability of the arbitration clause was successfully proven contrary to prevailing case law.
  • Representing the Russian Federation and the Boxing Federation of Russia in a dispute regarding the conduct of a World Championship before the Court of Arbitration for Sport (CAS) in Lausanne.

Key Contact

Key Contact

  • Sergey Kovalev
    Managing Partner, PhD in Law, Attorney-at-law

    Sergey is an arbitrator at the Shanghai Arbitration Commission (SHIAC) since 2018. He was also an arbitrator of the Arbitration Court under the Autonomous Non-Profit Organization "Independent Arbitration Chamber" (IAC Arbitration Court) since its establishment. From 2009 to 2012 Sergey was an arbitrator of the European Arbitration Chamber.
    s.kovalev@ktaplaw.ru
    CV