Mr Khvalei has significant experience participating in litigation both in Russia and abroad and representing Russian and foreign companies operating in various industries, including oil and gas, construction, banking and others in complex international disputes.
Vladimir Khvalei has also acted as counsel and arbitrator in international cases under a wide range of arbitration Rules including those of UNCITRAL, ICC, LCIA, SCС, МКАС, HKIAC, ICAC, CRCICA, ICSID and other arbitration institutions.
Mr Khvalei is included in the lists of various arbitral institutions in Russia, Austria, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, UAE, China, Hong Kong, South Korea, Malaysia, Singapore, Vietnam, US and Israel.
He has been appointed by the European Commission to the “List of Candidates Suitable for Appointment as Chairpersons for Arbitrations”.
Vladimir Khvalei is the author and co-author of numerous books and publications in the field of international arbitration.
Mr Khvalei is a lecturer at Russian Foreign Trade Academy.
LANGUAGES
Vladimir Khvalei has also acted as counsel and arbitrator in international cases under a wide range of arbitration Rules including those of UNCITRAL, ICC, LCIA, SCС, МКАС, HKIAC, ICAC, CRCICA, ICSID and other arbitration institutions.
Mr Khvalei is included in the lists of various arbitral institutions in Russia, Austria, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, UAE, China, Hong Kong, South Korea, Malaysia, Singapore, Vietnam, US and Israel.
He has been appointed by the European Commission to the “List of Candidates Suitable for Appointment as Chairpersons for Arbitrations”.
Vladimir Khvalei is the author and co-author of numerous books and publications in the field of international arbitration.
Mr Khvalei is a lecturer at Russian Foreign Trade Academy.
LANGUAGES
- Russian, English, Belarusian, Polish.
PROFESSIONAL BODIES
ICC International Court of Arbitration – Vice-President (July 2009 - July 2018).
ICC Commission on Arbitration and ADR – Vice-Chair.
International Arbitration Commission of ICC Russia (ICC National Committee for Russia) - Chairman (2009-2019).
Russian Arbitration Association – Chairman of the Board.
LCIA Court - Member (2014-2019).
ICCA - Board Member.
IBA Arbitration Committee - Vice-Chair (2013-2014).
Cairo Regional Centre for International Commercial Arbitration (CRCICA) - Member of the Board of Trustees.
International Arbitration Court at the Belarusian Chamber of Commerce and Industry - Board Member.
International Court of Arbitration at the Chamber of Commerce and Industry of the Kyrgyz Republic - Member of the Supervisory Board.
INTERNATIONAL ARBITRATION (AS COUNSEL)
- Represented Manolium Processing LLC in the first investment arbitration proceedings against the Republic of Belarus under the UNCITRAL Arbitration Rules and the provisions of the Treaty on the Eurasian Economic Union of 29 October 2014. The arbitral tribunal granted the investor’s claim for compensating the expropriated investments in the amount of USD 20,5 million, and also granted the investor’s claim for reimbursement by the Republic of Belarus of the investor’s arbitration costs and 75% of legal costs. (PCA Case No. 2018-06).
- Represented European construction company in an ICC arbitration with seat in Stockholm, initiated by the client's subcontractor for alleged outstanding payments for the works performed under a construction subcontract. The case was complicated by the fact of bankruptcy of the subcontractor introduced by the Russian court, as well as the subcontractor’s objections against the jurisdiction of the ICC Court in parallel litigation proceedings in Russia initiated by the subcontractor in breach of the arbitration clause.
- Represented the interests of a European supplier of equipment for power stations in a Finland seated arbitration against a Russian company arising from suspension of a contract for the supply of equipment due to the impact of EU sanctions.
- Represented KazTransGas JSC in investment arbitration proceedings under the UNCITRAL Arbitration Rules against Georgia based on the Energy Charter Treaty and the Georgia-Kazakhstan BIT over the investments of KazTransGas JSC in KazTransGas-Tbilisi LLP. The amount in dispute was ~USD 185 million. The case was settled on the terms beneficial to the client.
- Represented one of major Russian banks in a dispute with a counterparty to five financial transactions in five LCIA arbitrations (later consolidated into one case) regarding the counterparty's claim for additional payments from the client.
- Represented a leading company in the field of cars production in ICC international arbitration proceedings seated in Switzerland, arising out of violation by the counterparty of its obligations under a Cooperation Agreement.
- Represented a major Russian energy machine building company in complex cross-border dispute involving an SCC arbitration in Stockholm and litigation proceedings in several jurisdictions in Europe arising out of infringement of the client's IP rights.
- Represented the client in a complex arbitration dispute under the international arbitration rules of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry, arising out of multiple contracts for the supply of traffic control equipment, related services and software license for the operation of equipment.
- Represented one the world's largest steel producers in arbitration proceedings in Sweden under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce for the return of bank guarantee amounts written off by the contractor.
- Represented a large Russian mining company in two major arbitration disputes under SCC Rules.
- Represented a major Russian energy machine-building company in arbitration proceedings under the Arbitration Rules of the International Court of Arbitration of the International Chamber of Commerce.
- Represented a major Chinese state construction company in a dispute under the SCC Rules with regard to the construction contract, with the value of about USD 100 million.
- Represented a Russian natural gas supplier in ad hoc gas price revision arbitration under the Rules of the Swedish Arbitration Act initiated against the client by its customer, with the place of arbitration in Sweden. The customer demanded the revision of the gas price under the long-term gas supply contract. The claims of the customer approximately amounted to USD 1 000 000 000 and also involved partial invalidation of the take-or-pay clause of the long-term gas supply contract mainly on the basis of the alleged violation of Article 102 of the TFEU and abuse of dominance on the part of the client.
- Represented a major Russian natural gas supplier in a complex dispute involving the representation of the client in the ICC arbitration with the place of arbitration in Zurich, Switzerland, under the natural gas supply contract, against its joint venture, corporate conflict of the joint venture's shareholders and in the European Commission’s investigation initiated against the client that is closely related to the natural gas supply contract and involves allegations in abuse of dominance and restriction of competition.
- Represented a large international grain and fertilizer trader in LCIA arbitration in a dispute with a Russian manufacturer.
- Represented a Western oil company in a number of arbitration disputes against a major Czech oil company in the SCC arbitration proceedings and under the UNCITRAL arbitration rules with the value of claims of around US$3.5 million.
- Represented a major bank in LCIA arbitration proceedings against another Russian bank for a declaration of the subordinated loan agreement as being in force, valid and binding for the parties and for recovery of debt thereunder, including principal and interest. He managed to obtain an anti-suit injunction in the UK courts ordering the stay of the Russian litigation until the completion of the LCIA arbitration. After the award was issued in favor of our clients, the counterparties withdrew their claim in Russia.
- Represented a client in international arbitration proceedings under the rules of the International Commercial Arbitration Court at the Ukrainian CCI in a dispute arisen out of the Contract for the supply of technical products because of Respondent's failure to supply the products allegedly due to the actions of the Respondent's state.
- Represented an oil company in an LMAA arbitration initiated under the ship management agreement in connection with the seizure of funds sitting in a Cyprus bank account at the time of the Cyprus bankruptcy crisis and subject to a haircut. The case involved a complicated issue of the nature of the funds on an account, whether it represented a straightforward debt of the Manager or funds held in trust. The dispute is about to be settled on the terms beneficial to the client.
- Represented a Cypriot company in SCC arbitration proceedings in a dispute over a share purchase agreement and shareholders’ agreement for outstanding payments thereunder and damages due to bad management.
- Represented an international manufacturer of lubricants in a dispute with a general contractor in connection with engineering and construction of a manufacturing facility in Russia.
- Represented a multinational oilfield service and technology company in arbitration under the ICC Rules against a general contractor, related to the client’s performance of drilling services in Turkmenistan and failure by the counterparty to pay for these services.
- Represented one of the world’s largest oil companies in complex multi-jurisdictional disputes in the Netherlands, Sweden and Kazakhstan in a case involving USD 2 billion.
- Represented a major Russian brick manufacturer in arbitration under the SCC Rules in connection with a dispute with its French contractor arising out of a FIDIC contract and involving claims in the amount of about EUR 63 million in aggregate.
- Represented a major Chinese natural resources company in arbitration under the ICC Rules with its seat in London in a pre-contractual dispute with a Kazakh oil & gas company.
- Represented a restructuring agency of a CIS state in arbitration under the ICC Rules in a dispute arising out of a FIDIC-based reconstruction contract involving financing of ADB.
- Represented a leading international engineering company in an arbitration under the ICAC (RF) Rules.
- Represented a European financial corporation in arbitration under ICAC (RF) Rules in a dispute involving USD 180 million.
- Represented a real estate developer in arbitration proceedings with the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry for the recovery of advance payments and damages from a contractor due to termination of a construction works contract.
- Represented a Korean cable and wire manufacturer in international arbitration under the Rules of the ICAC at the Russian Chamber of Commerce and Industry against a Russian customer, arisen under a contract for the supply of equipment due to alleged defects.
APPOINTMENTS AS ARBITRATOR
- Acted as arbitrator in a dispute under the SCC Arbitration Rules between a Lithuanian group of companies and a Belarus state company out of a loan agreement entered into between the Belarus state company and an investment company of Luxembourg.
- Acted as arbitrator in a dispute under the SCC Arbitration Rules out of a FIDIC Construction Contract entered into between a Russian state agency as customer based on the results of an international tender organized by the EU.
- Acted as sole arbitrator in an arbitration under ICC Arbitration Rules in a FIDIC Pink Book dispute between a private contractor and a state acting as employer over various payments claimed by the contractor.
- Acted as mediator in a dispute between a major car manufacturer and a major Ukrainian insurance company.
- Acted as co-arbitrator in arbitration proceedings under the rules of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry in a dispute initiated by a Russian subsidiary of a US drilling company against a US transportation group for losses caused to the cargo in the course of transportation by the respondent under a freight forwarding contract.
- Acted as arbitrator in a number of disputes under the Rules of the International Arbitration Court with the Belarus Chamber of Commerce for recovery of advances paid under equipment supply contracts entered into by Belarus customers with Polish suppliers.
LITIGATION
- Represented a subsidiary of a major multinational vehicle manufacturer in litigation proceedings in Russian arbitrazh courts, initiated by the counterparty in violation of an arbitration clause in a contract, and advising in connection with arbitration proceedings in Paris, France. Representing the client in arbitration proceedings for the recovery of damages including lost profits from the client’s forwarder.
- Represented a natural gas supplier in litigation in the High Court of Justice, London initiated by the client against its joint venture and a number of joint venture’s affiliated entities and beneficiary.
- Represented a Chinese automobile manufacturing company in connection with bankruptcy proceedings involving a Russian automobile manufacturer with a claim of USD 58 million.
- Represented a global provider of technical, project and operational support services in setting aside proceedings of the 2010 ICAC (Moscow) arbitration award issued against the client.
- Represented a subsidiary of a global telecommunications equipment company in the Supreme Commercial Court of Belarus against a claim for damages of over USD 30 million filed against the client by a Belarus state enterprise to cancel an agreement for creating a state-of-the-art transportation security system.
- Represented a major international machinery company, in a litigation related to an alleged software-related infringement and breach of contract.
- Represented a Chinese company in numerous disputes in the Moscow Arbitrazh Court related to allotment of land plots for construction.
- Represented a Western air cargo company in aircraft-related disputes against a Russian company and governmental organizations in proceedings in Russian and Ukrainian courts.
- Represented a major French telecommunications operator in litigation proceedings at the Supreme Commercial Court of the Republic of Belarus in a dispute out of an investment contract for the construction of a network.
- Represented a real estate developer in parallel litigation proceedings initiated by a general contractor in violation of the arbitration agreement, which arose out of a construction project of trade and warehousing complex in the Moscow region.
- Acted on behalf of a major US privately-owned fund in several real estate disputes in Russia.