Arbitration in the CIS
The popularity of commercial arbitration continues to grow across the region. Parties are increasingly turning to arbitration to solve cross-border disputes, and it is the forum of choice for an increasing number of industries. Our research across the CIS countries has identified 42 leading arbitrators and counsel.
Salans is the only firm to see three of its partners listed. Aigoul Kenjebayeva has been managing partner of the firm’s Almaty office since it opened in 1994, and is widely regarded as “first class”. Her colleague Yuliya Mitrofanskaya heads the arbitration, litigation, IP and employment practices in the same office and has experience under ICC, SCC and UNCITRAL rules. Mikhail Ivanov is managing partner of the firm’s St Petersburg office and head of the Russian litigation and arbitration practice. A “very able practitioner”, he specialises in disputes between foreign investors and Russian companies.
Several further firms earn multiple listings in this chapter. Vladimir Khvalei of Baker & McKenzie – CIS Limited is “one of the leading experts in the entire region”. He heads the CIS dispute resolution group in Moscow and is “absolutely outstanding” both as counsel and arbitrator in cases under ICAC, UNCITRAL, ICC and SCC rules. He is joined in this edition by Svitlana Romanova, who is particularly well known for her energy related expertise.
Businessconsult is the leading firm in Belarus with two nominees selected for inclusion. Timour Sysouev is a “very effective arbitrator”, while Igor Verkhovodko is similarly highly rated by his clients and peers.
The two selected nominees from Chadbourne & Parke LLP are split between the Almaty and Moscow offices. Mikhail Rozenberg is senior partner of the latter and is internationally recognised for his representation of the receiver of Yukos Oil Company on several international arbitration and court matters. In Kazakhstan, Sergei Vataev has advised and represented a large number of major oil and gas companies in contractual and regulatory litigations and arbitrations over the past 10 years, and is “the first port of call” for several major clients in this area.
Dmitri Grischenko and Sergei Voitovich from Grischenko & Partners have acted as legal counsel for Ukraine in arbitration cases at ICSID, and form a “formidable team” in the eyes of our sources.
In Kiev, Serhii Sviriba heads Magisters’ arbitration and litigation practice and specialises in pre-arbitration and arbitration procedures in Ukraine, the European Union and the US. In 2005 he was elected as a Permanent Representative of Ukraine to the International Court of Arbitration at the International Chamber of Commerce in Paris. Dmitry Dyakin chairs the international arbitration and litigation practices at the firm’s Moscow office. Described as “highly visible in the market”, he has experience of arbitrating under ICC, LCIA, ICDR, GAFTA and ICAC (MKAS) rules.
In Kiev, Proxen Law Firm sees two partners listed. Oleg Shevchuk is very well known and Andriy Alexeyev is “strongly recommended” by our sources in Ukraine and beyond.
Vitaly Vodolazkin is managing partner of Sayat Zholshy & Partners in Kazakhstan and very well regarded for commercial arbitration. Alongside him, Aidyn Bikebayev is an arbitrator of the Kazakhstan International Court of Arbitration and a “very skilled practitioner”.
Nominees from Vasil Kisil & Partners appear twice in the following pages. Tatyana Slipachuk is chair of the international arbitration group and acts as a party-appointed arbitrator, sole arbitrator and as chair of the arbitral tribunal, as well as counsel, and was recently appointed vice chair of the International Bar Association’s arbitration committee for 2011. Oleg Alyoshin is also highly rated and garnered recommendations from across Ukraine.
Nearly half the listed experts in this chapter are based in Russia, reflecting the strength of the country’s arbitration bar. Boris Karabelnikov at the Moscow School of Social and Economic Sciences is “a big name in this area” and was picked out for his work as arbitrator, counsel and expert witness.
Ilya Nikiforov is managing partner of the St Petersburg law office of Egorov Puginsky Afanasiev & Partners and a “star” in the eyes of his peers. He is on the list of arbitrators with the arbitration court of St Petersburg Chamber of Commerce and IUS international arbitration court.
Alexei Kostin was elected chairman of the international commercial arbitration court at Russia’s Chamber of Commerce and Industry in July 2010, and both he and his predecessor in the role Alexander Komarov are internationally recognised as leading figures in this field.
At the Maritime Arbitration Commission, Sergei Lebedev is also “known worldwide” for his commercial arbitration practice.
At Andrey Gorodissky & Partners, Ivan Zykin is rated as “one of the best in Russia, if not the best” by one of our sources. He has decided more than 200 cases, including arbitrations under the Stockholm Chamber of Commerce, ICC, AAA and UNCITRAL rules and investment disputes under international treaties.
Ivan Marisin joined Dechert Russia LLC in May and brings with him an “exceptional disputes practice”. He has represented domestic and international clients in more than 100 major litigations and arbitrations worldwide, including Russian uranium seller Tenex in a US$1 billion arbitration in Stockholm over the delivery of nuclear materials.
Nina Vilkova at the Russian Academy of Foreign Trade was repeatedly commended to researchers, who found her to be “very professional” and a “tremendously impressive arbitrator”.
Timur Aitkulov at Clifford Chance CIS Limited scored very highly. He has acted as counsel in Stockholm, London, Moscow and Zurich in a number of international arbitrations in relation to energy, mining and general commercial matters.
Dominic Pellew joined Baker Botts LLP in August 2010, and is well known in the industry for his representation of Eco Telecom in an ad hoc arbitration in Geneva under UNCITRAL rules. He is fluent in Russian and French.
Maxim Kulkov at Goltsblat BLP also has a “strong profile” in this area, and has represented clients before institutions such as the ICC, LCIA and SCC.
Dmitry Kurochkin heads the litigation and arbitration group at Herbert Smith CIS LLP. He is particularly well known for his work on injunction and enforcement proceedings, and the recognition and enforcement of foreign arbitral awards.
Sergei Volfson is head of the Russia/CIS dispute resolution practice at Dewey & LeBoeuf LLP and is “building an outstanding reputation in this field.”
Ten experts are listed in Ukraine. In addition to those we have already mentioned, Yevhen Kubko of Salkom Law Firm stands out as a “premier league practitioner” and is an arbitrator for the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna.
In Kiev, Andriy Astapov is head of dispute resolution at Astapov Lawyers and is “extremely well known” to clients and peers alike. He represents major national and international companies, financial institutions and governments in Ukrainian and international courts and arbitration forums, including the International Commercial Arbitration Court at the CCI of Ukraine, the Court of Arbitration at the ICC in Paris, LCIA and ICSID.
Eight lawyers in total are listed from Belarus, including Alexey Anischenko who joined Sorainen in January 2010 and leads the national dispute resolution and commercial contracts teams.Aliaksandr Danilevich is selected from his own firm as a result of his “pre-eminent practice” in this area, and is listed as an arbitrator of the International Arbitration Court at the Belarusian Chamber of Commerce and Industry, as is the “intellectually brilliant” Eugene Lazarenkov of Law Firm Trust.
Dmitry Arkhipenko is selected from Revera Consulting Group and is highly regarded by local commentators.
Alexander Botian at Borovtsov & Salei is well known as a member of the working group for developing of the Civil Code of the Republic of Belarus, and is also an arbitrator of the International Arbitrage Court at the Belarusian International Chamber of Commerce and Industries.
Ekatarina Zabello is selected from Vlasova Mikhel & Partners and is well known for her “excellent practice”.
In Kyrgyzstan, Nurbek Sabirov of Kalikova & Associates is well regarded as an arbitrator at the International Court of Arbitration under the Chamber of Commerce and Industry of the Kyrgyz Republic.
Armen Melkumyan of Ameria Legal Practice in Armenia is “widely respected” for his work in this area.