M&A disputes in arbitration and litigation – trends and developments

Alexander Muranov

Alexander Muranov is Managing Partner of Muranov, Chernyakov & Partners Law Firm (Moscow), attorney-at-law.

J.D., Associate Professor of the Department of Private International and Civil Law of the Moscow State Institute of International Relations (MGIMO University), at the Russian Ministry of Foreign Affairs (since 1996).

Since 2009, he has acted as arbitrator in more than 90 cases of the International Commercial Arbitration Court at the Russian Chamber of Commerce and Industry and of the Maritime Arbitration Commission at the same Chamber. He was also involved in various arbitration proceedings under the Rules of ICC, LCIA, SCAI, SCC, SIAC, ?s well as under the UNCITRAL Arbitration Rules.

He frequently acts as an expert on Russian law issues in foreign arbitrations and state courts.

Author of over 100 works (including several books) covering various issues of international commercial arbitration, private international law and international civil litigation, currency law, civil law, regulation of international commerce.

Editor-in-chief of the “International Commercial Arbitration Review” (www.arbitrationreview.ru).

Amy Kläsener

Amy Kläsener is a Partner in Dentons’ Frankfurt Office and leads the arbitration team in Germany. Her practice focuses on international arbitration and the innovative coordination of large cases and projects. Ms. Kläsener has particular expertise in engineering, construction and M&A disputes. She also sits as an arbitrator.

Ms. Kläsener is passionate about innovation in the delivery of legal services, including by harnessing legal technology and deploying diverse teams and process and project management techniques.

Ms. Kläsener is a member of the ICC Commission on Arbitration and ADR. From 2008 to 2010, she served as Secretary to the IBA Rules of Evidence Subcommittee, tasked with revising the 1999 IBA Rules of Evidence. She is Editor of the GAR Guide to M&A Arbitration (2018, 2019).

Andrea Carlevaris

Andrea Carlevaris is a partner at Bonelli Erede and an adjunct professor of international law. Between September 2012 and May 2017, Andrea has been the Secretary General of the ICC International Court of Arbitration and the Director of the ICC Dispute Resolution Services. He is currently the President of AIA (the Italian Arbitration Association), a member of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce, EFILA (the European Forum of International Law and Investment), IMI (International Mediation Institute), a founding member and member of the Advisory Board of Arbit (the Italian Forum for International Arbitration and ADR) and a member of the Steering Committee of the International Arbitration Commission of UIA (Union International des Avocats) and of the ICC Commission on Arbitration and ADR. From 2009 to 2012, he was a member of the ICC International Court of Arbitration.

Andrea is the author of a monograph on conservatory and provisional measures in international arbitration and of numerous articles on international law, conflict of laws and international arbitration. He regularly contributes to several journals, serving on the Board of Directors of the European International Arbitration Review, Rivista dell'arbitrato, Diritto del Commercio Internazionale and Giustizia Civile.

Artem Doudko

Artem Doudko FCIArb, a solicitor-advocate, is a Partner and Head of Russia & CIS Disputes, in the London Disputes and Risk Practice at Osborne Clarke LLP. Artem focuses on international arbitration and litigation involving Russian and/or CIS issues as well as advising Russian-speaking clients. Artem has a strong reputation and profile in his field and has been recognised as a Global Leader in the Who's Who Legal: Arbitration 2020 directory. Artem is identified as a Next Generation Partner and described as a "sharp-minded litigator" and as "very experienced in Russia and CIS-related arbitrations" in The Legal 500 UK 2020. Artem is a member of the ICC Commission on Arbitration and ADR representing ICC Russia. Artem is a member of the Nomination Committee of the Commission on International Arbitration of ICC Russia. He is also a member of the Board of the Ukrainian Arbitration Association.

Artem is a representative of the Anglo-Russian Law Association ("ARLA"), a member of the executive committee of the Russia CIS Arbitration Network ("RCAN"), one of the founders of "RYUMKA", a member of the London and Moscow committees of the Commercial Litigators' Forum ("CLF"), a member of the organising committee of the London International Disputes Week ("LIDW") Committee, and a member of the Membership Committee of the Silicon Valley Arbitration & Mediation Center ("SVAMC").

Briana Young

Briana Young has over 15 years' experience in international arbitration, first as counsel and now as a foreign legal consultant in Herbert Smith Freehills' Greater China international arbitration team. She is also an experienced Tribunal Secretary, and sits as an arbitrator.

Based in Hong Kong, Briana is an expert in international arbitration law and procedure. She speaks and teaches on a range of arbitration topics, as well as writing articles, legal briefings and other publications.

Briana is a Vice Chair of the Hong Kong International Arbitration Centre. She is also a member of the committee responsible for drafting the HKIAC Administered Arbitration Rules 2013 and 2018, and a member of the HKIAC Council.

Briana co-chairs the Hong Kong Law Reform Commission's sub-committee on outcome-related fee structures in arbitration.

She also co-chaired HKIAC's Task Force on Third Party Funding in Arbitration, and writes and speaks frequently on arbitration funding.

Sergei Ostrovsky

Sergei Ostrovsky is a London-based, UK-qualified, corporate transactional lawyer. He is bilingual in Russian and English. For over 12 years, to June, 2019, Sergei was a partner in the corporate practice at Ashurst LLP. He continues to practice as a senior consultant (on a non-exclusive basis). Sergei heads Ashurst's Russia and CIS practice. Trained as a banking and corporate lawyer in the City of London in the 1990s, he is a qualified solicitor of the Senior Courts of England and Wales. Sergei spends significant periods of time in the former Soviet Union jurisdictions, assisting clients and working with local legal counsel.

Sergei is also a member of the International Committee of the Law Society of England and Wales.

For over 20 years, Sergei has worked on a number of cross-border transactions involving equity and debt investments, fundraisings, corporate acquisitions and disposals. He specialises in equity capital markets, private placements, private M&A and joint ventures.

Thomas H Webster

Tom Webster began his practice in mergers and acquisitions in New York. He then moved to Paris, where he became a partner of a major US law firm handling arbitration and litigation. In 1998, he established his own practice in Paris, as counsel and arbitrator in international arbitration.

Mr Webster has served as counsel to a party, President of the Tribunal, Co-Arbitrator, Sole Arbitrator, or Expert in more than 200 international arbitrations, both ad hoc and before most international arbitral institutions (ICC, LCIA, ICSID, ICDR, SIAC, SCC, DIAC, VIAC, CRCIA etc.) in virtually all major places of arbitration.

Mr. Webster is the co-author of the Handbook of ICC Arbitration (4th edition 2018), the Handbook of UNCITRAL Arbitration (3rd edition 2019) and the Handbook of Investment Arbitration, in addition to be being the author of numerous articles. He was a member of the ICC International Court of Arbitration and has participated widely in international arbitration activities.

Mr. Webster has been admitted to, and has actively practiced in, New York as an attorney at law, in England as a solicitor and in France as an avocat. He has been also admitted as a lawyer in Ontario. Mr. Webster has handled arbitrations subject to a wide range of substantive laws. In addition to New York, English, French and Canadian law, Mr. Webster has handled arbitration under Delaware, Californian, Swiss, Turkish, German, Spanish, Italian, Sudanese, Egyptian, Abu Dhabi and DIFC law, for example.

Vladimir Khvalei

Vladimir Khvalei is a partner in the Moscow office of Baker McKenzie and heads the firm’s CIS Dispute Resolution Practice. Vladimir is a well-known arbitration practitioner, with extensive experience in commercial and investment arbitration. He is Vice-Chair of the ICC Commission on Arbitration and ADR, Council Member of the ICC Institute of World Business Law and ICCA Board Member. He served as ICC Court's Vice President from 2009 to 2018 and as LCIA Court Member from 2014 to 2019. Vladimir is Chairman of the Board of the Arbitration Association and has been active in promoting arbitration in Russia and globally, being a regular speaker at arbitration events and participating in important arbitration initiatives.