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VLADIMIR KHVALEI
partner, Ras Al Khaimah
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Vladimir has wide experience participating in litigation in Russia, Kazakhstan, Belarus and Ukraine, as well as in international arbitration cases under the UNCITRAL Arbitration Rules, arbitration rules of the ICC, SCC, LCIA, ICAC and other arbitration institutions, both as party counsel and arbitrator.

Vladimir is included on the lists of arbitrators of arbitration institutions in Russia, Austria, Azerbaijan, Belarus, Kazakhstan, UAE, China, Hong Kong, South Korea, Malaysia, Singapore, Vietnam, US and Israel. Mr. Khvalei is included on the list of tutors, examiners and assessors of the Chartered Institute of Arbitrators (CIArb).

Vladimir has been included by the European Commission to the “List of Candidates Suitable for Appointment as Chairpersons for Arbitrations”.

AWARDS AND RANKINGS
  • Since 2009 Vladimir Khvalei has constantly been recognized as one of the leading experts in dispute resolution within Russia and across the CIS by Chambers, Legal 500, PLC Which Lawyer and Who’s Who Legal.

EDUCATION AND ADMISSION
  • Mr. Khvalei graduated with a degree in law from the Belarusian State University in Minsk in 1992.

LANGUAGES
  • Russian, English, Belarusian, Polish.
PROFESSIONAL affiliations
  • ICC International Court of Arbitration – Vice-President (July 2009 – July 2018).
  • ICC Commission on Arbitration and ADR – Vice-Chair (2018-2024).
  • ICC Institute of World Business Law – Council Member (2018-2024).
  • 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 – Advisory 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 Arbitration Court 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 case against Belarus. The Tribunal (Stanimir Alexandrov, Prof. Brigitte Stern, chaired by Juan Fernandez-Armesto) awarded compensation for expropriation of investments in the amount of USD 20.5 mln in the client's favor (plus interest) with 75% legal costs of Baker McKenzie and 100% Claimant's arbitration costs. The arbitration was conducted on the basis of the Eurasian Economic Union Treaty dated 29 May 2014.
    • Represented Codest Engineering Srl 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 a private-equity group in investment arbitration proceedings against the Republic of Kyrgyzstan under Additional Facility Rules of the International Centre for Settlement of Investment Disputes (ICSID) for expropriation of the investment in one of the biggest gold deposits in the Kyrgyz Republic.
    • Representing 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 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 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 large Russian mining company in two major arbitration disputes under SCC Rules.
    • Represented a large international grain and fertilizer trader in LCIA arbitration in a dispute with a Russian manufacturer.
    • 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 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 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 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 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.
    • Baker McKenzie Moscow is representing the client in two LCIA arbitrations against the client's seller and guarantor. The disputed arise in connection with non-delivery of steel products and default under the guarantee.
    • 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 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 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 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. We 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 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 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 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 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 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.
    • 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.
    • Representing 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 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 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 clients in ICC arbitration proceedings initiated under the provisions of the FIDIC construction contracts (Pink Book 2010) against its Employer in a IBRD-financed project for the Construction of a road in Kazakhstan.
    • Represented a major international machinery company in a litigation related to an alleged software-related infringement and breach of contract.
    • Represented the employer in arbitration proceedings in Stockholm under the SCC Rules for the return of bank guarantee amounts written off by the contractor.
    • Represented a major agrochemical company in ICC arbitration proceedings initiated against it under a distribution agreement. The case was settled on the terms very favourable to the client.

International Arbitration (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 an arbitrator in a number of disputes under the Rules of International Arbitration Court at the Russian Chamber of Commerce and Industry.
    • Acted as an arbitrator under SIAC Rules in a post M&A dispute.
    • Acted as a chair of the Tribunal under VIAC Rules in a dispute related to termination of the management contract in Azerbaijan.
    • Acted as a chair, sole and co-arbitrator in a number of disputes under the Rules of the International Arbitration Court with the Belarus Chamber of Commerce.
    • Acted as chair of the tribunal and co-arbitrator in several cases under the Rules of International Arbitration Court at the Kyrgyz Chamber of Commerce and Industry.
    • Acted as an arbitrator in a dispute under the Rules of International Arbitration Court at the Kazkahstani Chamber Atamaken.
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.
    • Represented a Western oil company in a number of arbitration disputes against a major Russian oil company under various rules.
    • Acting as mediator in a dispute between a major car manufacturer and a major Ukrainian insurance company.
Vladimir Khvalei is an author of many PUBLICATIONS, PRESENTATIONS AND ARTICLES.

The whole list you can see below:
    PUBLICATIONS, PRESENTATIONS AND ARTICLES:

    • On corruption in arbitration and the independence of arbitration institutions //Moscow: Zakon.ru blog 10 April 2020;
    • Three zeros and three minuses of the arbitration reform institutions //Moscow: Zakon.ru blog 18 September 2019
    • In memory of the Arbitrator Tamara Evgenievna Abova (co-authored with с T.Levitskaya, A.Konovalova, D.Artyukhov) // Moscow: Arbitration.ru journal №7 (11) August 2019;
    • What to do with the arbitration clause after September 1, 2016 // Moscow: Infotropic media, Legal Insight. №8 (54) 2016;
    • 33 Rules of Drafting Documents in International Arbitration // [Treteiskiy Sud] Journal. №2/3 (104/105) 2016;
    • New legislation on arbitration: life has improved, life has become more joyous. // St. Petersburg: Zakon Journal. №5. May 2016;
    • Where will the Russian disputes head to? // Moscow: Zakon Journal. №5. May 2015;
    • Arbitration of M&A Transactions - Chapter on Russia: A Practical Global Guide (in association with A.Maltsev) // United Kingdom: 2014 Globe Business Publishing Ltd;
    • IBA Guidelines on Party Representation in International Arbitration // Moscow: GARANT resource, 2013;
    • Russian Arbitration Association establishment: is this necessary? // Moscow: Infotropic media, Legal Insight Journal. №8 (24). 2013;
    • Will Ukraine become a platform for the International Commercial Arbitration? // Ukraine, Information agency "Liga Zakon". June 2013;
    • Regarding the independence of arbitral institutions in general, and the Russian Arbitration Association in particular // St. Petersburg, Moscow, Berlin: Infotropic Media, Arbitration Court [Treteiskiy Sud] Journal. №5. 2013;
    • The world is not universal yet, there are national and regional interests // Moscow: Zakon Journal. №2. February 2013;
    • National and International Sources of International Commercial Arbitration // International Commercial Arbitration Textbook. St. Petersburg, Moscow, Berlin: Infotropic Media, Arbitration Court [Treteiskiy Sud] Journal. №5. 2012;
    • Arbitration Rules of the International Chamber of Commerce // Practical Comments on Arbitration Rules of Leading Arbitration Institutions. St. Petersburg, Moscow, Berlin: Infotropic Media, Arbitration Court [Treteiskiy Sud] Journal. №4. 2012;
    • Historia, losy oraz znaczenie Konwencji moskiewskiej [History, Fate and Role of the Moscow Convention] // Arbitraz I mediacja. Ksiega jubileuszowa. Warsaw: Sad Arbitrazowy. 2012;
    • Yearly Review of Russian State Courts' Cases on Matters Related to Arbitration for the Years 2007-2012 (in association with E.Solomatina and I.Varyushina) // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal;
    • Yearly Contribution of the Chapter on Russia (Legislation, Case Law on Issues Related to International Arbitration) to Baker & McKenzie International Arbitration Yearbook (in association with E. Solomatina and I.Varyushina) // The Baker&McKenzie International Arbitration Yearbooks. USA: JurisNet, LLC. 2007-2013;
    • ICC Šķīrējtiesas reglamenta jaunā redakcija [New ICC Rules of Arbitration] (in association with G.Zukova) // Riga: Jurista Vārds. №2. 2012;
    • New ICC Rules of Arbitration (in association with G.Zukova) // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. №6. 2011;
    • Enforcement of SCC Arbitral Awards in CIS Countries: Reflections on Arbitration History - Essays in Honour of Ulf Franke - Between East and West // USA: JurisNet, LLC Publishing. 2010;
    • Arbitraż w Krajach Wspólnoty Niepodleglych Państw [Arbitration in CIS Countries] (in association with A.Tynel and I.Funk) // Warsaw: Arbitration Bulletin No. 11.2009;
    • Procedure in International Arbitration. Practical Recommendations on Application of International Commercial Arbitration. Alternative Dispute Resolution Textbook // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. №3. 2009;
    • International Commercial Dispute Resolution in Russia - International Commercial Dispute Resolution // Tottel Publishing. 2009.
    • Derogation effect of the Arbitration Agreement // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. №10. 2009;
    • The Effect of Parallel Litigation under Russian law // Global Arbitration Review. Volume 3. Issue 2. 2008;
    • Russia: Disclosure Standards for Arbitrators. The Lessons of a Certain Case - Chapter 2 Arbitration // Austrian Arbitration Yearbook. Wien: Manz, Beck, Stampfi. 2008;
    • Determining Rules of Procedure. Place of Arbitration. Commentary to the Law of the Russian Federation on International Commercial Arbitration // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. № 2. 2007;
    • Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation (in association with J.Benedictsson)// Stockholm International Arbitration Review. Issue 1. 2005;
    • 12 Criteria of a Choice of Jurisdiction // Collegium Journal. №3. 2005;
    • Choice of the Place of the Arbitration // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. №1. 2004;
    • How to Kill Arbitration Clause // St. Petersburg: Arbitration Court [Treteiskiy Sud] Journal. №5. 2003;
    • Agency Agreement // Zakon. №6. 2000.

    BOOKS:

    • Practical Commentary to Russian arbitration laws / edited by V.V.Khvalei, М.: RAA, 2017.935 p.;
    • Międzynarodowe Prawo Handlowe. [The Course of the International Trade Law] (in association with A.Tynel and I.Funk and B.Fuchs) //Warsaw: Maksymilian Pazdan. 2006;
    • Baker McKenzie: International Commercial Arbitration. Central and Eastern Europe and the CIS Countries (in association with A.Tynel) // Moscow: БЕК. 2001;
    • Podstawy Prawa Gospodarczego Rosji, Białorusi, Ukrainy [Foundations of Commercial Law of Russia, Belarus and Ukraine] (in association with A.Tynel and I.Funk) // Warsaw: Szkoła Główna Handlowa. 2000;
    • The Course of the International Trade Law (in association with A.Tynel and I.Funk) // Minsk: Amalfea. The 2nd edition. 2000;
    • The Course of the International Trade Law (in association with A.Tynel and I.Funk) // Minsk: Amalfea. 1999;
    • Joint Stock Companies (in association with I.Funk) // Background and Theory. Minsk: Amalfea. 1999.