Specialisation and experience
For over 20 years, Maxim Kulkov has represented clients in Russian state courts of all levels (including the Supreme Court, Supreme Commercial Court and the Constitutional Court) and in international arbitration centres, such as ICAC, SCC, ICC and LCIA. He has extensive experience in leading teams of international and local advisors in multijurisdictional disputes. Maxim also acts as a legal expert for foreign litigation and arbitration and as an arbitrator and mediator.
Maxim specialises in shareholder, investment, construction and labour disputes, disputes related to international trade, conflict of laws, jurisdictional disputes and competition law issues.
Education and career
Maxim is a graduate of the Moscow State University law school and holds a Master of Laws (LL.M.) from the Nottingham University, UK. He speaks Russian and English.
Before establishing KK&P, Maxim headed the Russian dispute resolution practices at Freshfields Bruckhaus Deringer, Goltsblat BLP and Pepelyaev, Goltsblat and Partners.
Maxim is a member of the Moscow Region Bar, the Committee on Appointments of the ICC Russia Arbitration Commission. He is included into arbitrators panels of the Singapore International Arbitration Centre, Russian Arbitration Association and the Arbitration Court at the Russian Union of Industrialists and Entrepreneurs (RSPP).
Maxim’s experience includes representing:
· the receivers appointed by English court in Russian litigation proceedings related to the recovery of dissipated Russian assets worth US$5bn controlled by the Kazakh oligarch Mukhtar Ablyasov, including challenging share purchase agreements related to Russian companies, relevant interim relief measures, challenging credit, pledge and mortgage agreements, and bringing Russian and off-shore companies under the receivers’ control;
· a Russian state-owned company and its subsidiary responsible for foreign construction projects in two ICAC proceedings against the Austrian and Kenyan contractors regarding US$97m damages, penalties and loss of profit under the contracts for the design of high speed railroad in Africa;
· MDM Bank in the LCIA arbitration in relation to recovery of a debt under a personal guarantee. The case was settled on terms favourable for the client
· Interstate Bank (CIS) in a case against East Management (US) to recover semiprecious stones worth approximately US$50m;
· ING Bank in ICAC proceedings against RTM Group in relation to the recovery of US$36m;
· Erick van Egeraat, a world-renowned architect, in three arbitration cases in Stockholm and Moscow relating to disputes over the debt collection and compensation for the infringement of copyright to architectural projects in Moscow, the Moscow region and St Petersburg; in addition advice on the pre-court settlement of a dispute with a large Russian bank;
· Brunswick Rail in seven ICAC claims in relation to the termination of lease agreements and the recovery of lost profit;
· Castorama (Kingfisher) in a dispute with a regional developer regarding the construction of Castorama’s shopping centre in the city of Volgograd, Russia;
· VimpelCom, a major Russian mobile operator (Beeline brand) in a dispute with Gala Records over allegedly infringed copyrights to songs of Sergey Shnurov, popular Russian rock singer;
· TV channel 2x2 in a dispute with the Moscow Prosecutor General's Office claiming that animated TV show South Park incites religious hatred.
Experience as an arbitrator
· party-appointed arbitrator, SCC case V 2015/157;
· party-appointed arbitrator, SCC case V 2015/099;
· acted 26 times as an arbitrator appointed by parties and by the court under the Arbitration Court at the Russian Union of Industrialists and Entrepreneurs (RSPP).
Notable contributions to books:
· M. Kulkov, V. Zaitsev, insight into developments in Russia for Redfern and Hunter on International Arbitration. Sixth Edition, 2015;
· M. Kulkov, N. Rubins, D. Vlasov, Chapter on Russia, in Enforcement of Investment Treaty Arbitration Awards: A Global Guide, 2015;
· M. Kulkov, D. Hofman, Chapter The International Commercial Arbitration Court (ICIAC), in Institutional Arbitration Tasks and Powers of Different Arbitration Institutions, 2009;
· M. Kulkov, N. Belomestnova, Chapter UNCITRAL Arbitration Rules in Commentaries to the Rules of the Leading Arbitration Institutes, 2012;
· M. Kulkov, N. Rubins, O.Kolotilov, Chapter Investigations in Russia in Corporate Internal Investigations – an International Guide. Second Edition, 2013.