International Arbitration

What we do/ specific areas of focus

  • Shareholder conflicts
  • Debt recovery
  • Investor-state disputes
  • Fraud and collusion claims
  • Enforcement of awards and judgements
  • Commercial disputes
  • Collateral actions
  • Provisional remedies
  • Court-ordered discovery
  • Managing multiple-jurisdiction court proceedings
  • Venture capital disputes
  • Disputes between JV partners
  • Intellectual property disputes
  • Insurance disputes
  • Construction and contracting disputes (EPC contracts)
  • Cross-border bankruptcy proceedings

Our International Arbitration and Cross-Border Litigation team leads the market according to the international directories The Legal 500 2019 and Chambers and Partners 2019.

The team is also ranked in Band 1 by the national rating Pravo.ru-300 2018.

One undeniable benefit we offer our clients is a London-based Russian-speaking arbitration partner and team.

Our cross-border team provides fully-integrated legal service to both Russian and foreign clients in high-profile international arbitrations from mounting an international defence strategy at all major arbitration centres and in ad hoc arbitration through enforcing awards in various jurisdictions. Our associates also act as arbiters themselves.

Our team is mostly based in the firm’s offices in Moscow, London, Paris, Hong Kong, Singapore, the UAE and USA.

The team’s lawyers have accumulated extensive experience of providing advice and legal support in over 50 different jurisdictions, particularly representing clients in international arbitrations and cross-border litigations in Russia, UK, Sweden, Switzerland, France, Austria, Spain, Norway, Denmark, Singapore, Hong Kong, China, India, the USA, Canada, Australia, New Zealand, Saudi Arabia, Oman, the UAE and others.

While leveraging an impressive bench of litigators working in 31 international offices, the firm also works in close cooperation with more than 100 preferred law firms across Russia and in over 60 other countries.

The Legal 500 2019

Bryan Cave Leighton Paisner (Russia) LLP’s team of ‘highly qualified specialists’ provides ‘value for money’ and acts for a mix of financial institutions, energy and IT clients in domestic and major arbitral institutions.

Over the last five years, Global Arbitration Review, The Legal 500 and Chambers & Partners have rated the firm as a top global practice in international commercial, investment, construction, insurance and maritime arbitration.

Our team embraces experienced barristers and advocates. We are one of only a few teams on the market whose partners appear personally before arbitration tribunals, with no need to engage an external barrister for additional fees.

Roman Khodykin, Elena Trusova and Rimma Malinskaya are recommended for International Arbitration and Cross-Border Disputes in Russia by Chambers Global, Chambers Europe, The Legal 500 and Best Lawyers.

Yury Babichev was named a winner of the 2016-2018 RAA40 Awards Top-10 arbitration practitioners under 40.

Bryan Cave Leighton Paisner is placed among the 100 best law firms globally for International Arbitration by Global Arbitration Review / GAR 100 (11th Edition).

The Legal 500 2019

Roman Khodykin, who divides his time between the London and Moscow offices, is acting in a number of high-value international arbitration disputes, notably for energy sector clients. Elena Trusova is experienced in representing clients across a diverse range of industries in domestic and cross-border proceedings. Counsel Yury Babichev is active in commercial and investment arbitrations, where he regularly assists Andrey Goltsblat.

Over the last few years, our lawyers have conducted a vast number of disputes in key arbitration centres, including under the institutional rules of the:

  • London Court of International Arbitration (LCIA)
  • International Centre for Settlement of Investment Disputes (ICSID)
  • Permanent Court of Arbitration in the Hague (PCA)
  • International Chamber of Commerce (ICC)
  • Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • Hong Kong International Arbitration Centre (HKIAC)
  • American Arbitration Association (AAA)
  • Dubai International Arbitration Centre (DIAC)
  • International Commercial Arbitration Court under the Chamber of Commerce and Industry of the Russian Federation (ICAC)

For more details about our international experience, please click here.

Experience

International Arbitration

RusHydro

Representing RusHydro in an international arbitration brought against the Kyrgyz Government over reimbursement of RusHydro’s costs of USD 37m incurred in connection with the project for construction of the Upper-Naryn hydroelectric power plant cascade in Kyrgyzstan.

VTB Bank

Represented the client in an LCIA arbitration against a Cyprus company, under a loan agreement governed by English law. The total value of the claim was about USD 135 m. The project was exceptionally complex and we successfully pushed back against the opponents, who had adopted a very active stance. This was a unique case: the other side brought together a tremendous amount of diverse information from other overseas cases (in which we had not participated) in an attempt to prove that the bank suffered from systemic problems.

Sochi Olympic Games

We represented athletes in a sports arbitration (the Ad Hoc Division of the Court of Arbitration for Sport) during the Winter Olympics.

A major Russian bank

Recovering a debt owed by two Russian borrowers from their Turkish sureties and a Maltese guarantor. The sum in dispute is more than USD 200 m. The debtors’ obligations under loan agreements are mortgage-backed and secured by suretyship agreements signed by a Turkish company and a Turkish citizen and by an English-law governed guarantee from a Maltese holding company.

Russian bank

Represented a Russian bank in a dispute with a Cyprus company and a group of co-defendants. The dispute arose out of several SAPs for securities between the Russian bank (as the buyer) and the Cyprus company (as the seller), which were signed retrospectively by an unauthorised person. The seller entered a claim for the bank to pay the purchase price for the securities. The seller’s claims, totalling USD 200 m, were heard in several parallel international arbitrations. The bank was deprived of the opportunity to question the Cyprus directors and the selling company’s lawyers, as they had testified in writing. A joint team of BCLP and Cyprus lawyers managed to have the Cyprus court impose injunctions to search, together with IT experts, the premises, servers, computers and mobile devices of the defendants.

Venture capital fund

Acted for a venture capital fund in an LCIA arbitration against a claim brought by an IT start-up majority shareholder. Our client challenged occurrence of the deadlock and legitimacy of the Russian roulette being launched. It also filed a counterclaim seeking enforcement of the call option at the par value of the shares on the grounds that the company did not reach a certain level of sales.

Cyprus holding company

Acted for our client in a dispute between the former general director of a Russian subsidiary, this company and its Cyprus shareholder. The dispute arose out of an out-of-court settlement agreement governed by English law and executed as a deed only by the former general director and the Cypriot company. The Russian company did not sign the settlement agreement. Even so, the general director filed a claim against the Russian company and the Cypriot company to recover compensation from them under the settlement agreement. This dispute was heard by a sole arbitrator under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitrator accepted BCLP’s arguments, recognised the agreement as invalid and dismissed all the former general director’s claims. The arbitrator also ordered the claimant to reimburse 70% of the Cyprus company’s arbitration costs.

BVI-registered corporate creditor

Represented a corporate creditor in a dispute over recovery of debt from a New-York company and its sole shareholder. The dispute arises from an English law governed loan agreement between the BVI company, as the lender, and the New-York company, as the borrower. Under the LCIA award, the claimant obtained recovery of the principal debt and increased interest from the defendant. Upon recognition of the award in the USA and following interrogation of the company shareholder as part of disclosure of evidence, the shareholder and the company chose to sign a settlement agreement with the lender. Then the debtor defaulted on the settlement agreement and the creditor is currently enforcing recovery of the debt from the debtors under the settlement agreement.

News & Insights:

International Arbitration