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Counsel
Yan Kalish

Yan Kalish is a counsel at RGD's Dispute Resolution practice with particular experience in commercial arbitration, international and domestic litigation.


Background


Yan represents clients before arbitral tribunals acting under the rules of various institutions, including ICC, SCC, LCIA, SIAC and VIAC, etc. He also advises clients on complex cross-border litigations involving proceedings before the courts of the United States, Norway, Germany, Italy, United Kingdom, British Virgin Islands, Cyprus, Singapore and Russia. Yan’s experience covers matters i.a. governed by New York, Delaware, English, Swedish, Norwegian, Singapore, Italian, German, BVI, Cypriot, Swiss, Bahamian, Cayman, Panamanian and Russian law.

Yan has a experience sitting as arbitrator both sole and as a member of three arbitrators. Yan has been selected to become a member of the Reserve Panel of Arbitrators of the Tashkent International Arbitration Centre (TIAC) and into the Russian Arbitrators Guide: Next Generation. Jan has PhD in political science and authored several publications on law and politics. Yan is a lecturer at the at the Institute of Legislation and Comparative Law where he teaches “The trends in the development of arbitration in the Russian Federation” for graduate students.


Prior to joining RGD Yan worked as an associate at the Moscow offices of Quinn Emanuel Urquhart & Sullivan and Baker Botts L.L.P.



Expertise


Primary Practice Focus: International Commercial Arbitration, International Litigation, Investigations

Secondary Practice Focus: Domestic Litigation, Domestic Arbitration, Compliance

Industry Sectors: Energy & Natural Resources, Retail & Real Estate, Fintech & Financial Institutions, Industry & Transportation

Languages: Russian, English, Chinese HSK 3, German

Landmark engagement experience


international litigation





  • Representing Russia's largest private business group in a US$1 billion litigation case of exceptional factual and legal complexity in several jurisdictions. It concerns the ownership of Russia’s largest private heating and electricity generation company. The matter is heard in the BVI court and governed by English and Russian law

  • Representing of Russia’s largest private heating and electricity generation company in Russian court proceedings to hold the former Russian minister M.A. Abyzov subsidiarily liable for the debts of a major engineering company in parallel with acting in several successful ancillary proceedings in a number of jurisdictions

  • Defending a prominent Russian businessman and a group of related foreign companies in two disputes regarding the imposition of anti-suit injunction orders to cease ongoing litigations in a number of jurisdictions and to restrict new claims globally before the state courts of Caribbean of all levels resulting in a final dismissal of both applications for anti-suit injunctions by the Privy Council

  • Advising a major investment group of companies in relation to potential RICO action in the US against former partners to recover $ multimillion damages, involving counts of conspiracy, fraud and duress

  • Representing a major industrial group in a litigation process in Cyprus to recover $ multimillion damages

  • Representing an offshore company of a Russian businessman against his former partner in a dispute relating to recovery of debt. The opponent agreed to recover the debt in full and repay the client’s legal costs

  • Representing the Russian Chess Federation in a dispute with the Organising Committee of the 2014 World Chess Olympiad in Tromsø, Norway, in connection with non-admission of the Russian women's team. As a result, the Russian team was admitted to compete and received official apologies from the organisers

  • Representing a subsidiary of Group DF in proceedings in Russia regarding control over EMFESZ, a leading Hungarian gas trader with an annual turnover of over US$1 billion, which were resolved in favour of the client

  • Representing Sukhoi Civil Aircraft in US court proceedings initiated by a US contractor regarding the development of the interior design for Sukhoi Business Jet aircraft. After an important victory on the opponents’ injunction application, which allowed presentation of the aircraft at the MAKS air show, the claim was withdrawn

  • Representing an international IT company against St Petersburg district prosecutor in relation to alleged employment law violations, the allegations were withdrawn

ARBITRATION



  • Representing a major Russian contractor in a dispute in Vietnam arising out of an EPC contract in arbitration under the SIAC Rules

  • Representing a Russian mining company in a $ multibillion investment arbitration against the EU member state

  • Representing a Russian company in a multimillion dispute with a Western contractor relating to the construction of a unique high-tech plant in Russia in two parallel SCC and ICC arbitrations, involving issues of the scope and quality of works, liability for disruption of construction terms, return of advance payments and payments of penalties. The dispute was resolved by settlement on favourable terms for the client

  • Acting for an entity of the top Russian billionaire in a major dispute over one of the largest social networks in Europe, involving several arbitration and litigation proceedings in London, the US and offshore jurisdictions

  • Representing an offshore company in connection with proceedings recover debts under the VIAC Rules

  • Representing one of the world’s leading mining groups, against one of the core production enterprises of the Russian metal industry in a multimillion LCIA arbitration out of an iron ore supply contract. Eventually the debtor proposed to settle and agreed to pay all the client’s claims, including principal debt, late payment interest and 100% of legal fees and arbitration costs

  • Working on several US$ multibillion arbitrations arising out of a project to rebuild the Soviet-era Moskva Hotel

  • Advising a large European company in connection with LCIA proceedings


INVESTIGATIONS



  • Advising a major private generating company in relation to investigations and legal proceedings in Cyprus and Singapore to retrieve evidence relevant to Russia-based proceedings, including the proceedings to issue a Norwich Pharmacal Order in respect of dozens of respondents

  • Acting for the participants of a multibillion joint venture managing major business in Russia and CIS in a complex corporate conflict regarding management of the JV and contractual obligations of the JV members. The dispute settled in a favourable outcome for the clients

  • Due diligence of a large Russian oil equipment producer for the upcoming merger by the transnational company client


compliance


  • Advising a Russian petroleum company with respect to trade restrictions imposed by the UN

  • Sanctions advice for a prominent Russian businessman, involving the US and EU sanctions research and risks analysis

  • Advising a major investment group on the application of secondary U.S. sanctions

  • Advising a Russian company on the imposition and removal of U.S. sanctions



Education


  • Ph.D. equivalent in politics, Peoples' Friendship University of Russia, 2018

  • DL (with honours), Finance University under the Government of the Russian Federation, 2013


Qualification


  • Advocate, 2021

  • Russia, 2013


Professional Affiliations


  • Chartered Institute of Arbitrators – Member

  • ICC Russia Arbitration Commission – Member

  • CIArb Russian Chapter – Steering Committee

  • Russian Arbitration Association 40 – Co-Chair

  • TIAC45 at the Tashkent International Arbitration Center – Steering Committee

  • Thought Leaders 4 FIRE CEE-CIS Committee – Founding Member

  • Commission for development of Arbitration and alternative settlement mechanisms of the Moscow regional department of the Association of lawyers of Russia – Executive Secre      tary


Recognitions & Awards



  • The Best Lawyers 2021-2022  - ranked among the top Arbitration&Mediation, International Arbitration and Litigation lawyers in Russia

  • The Legal 500 "Arbitration Powerlist: CIS and Caucasus" - recommended among the leading arbitration experts of the region in 2020

  • Pravo.ru-300 - recommended lawyers in International Litigation

  • The Russian Arbitration Association – ranked in Top-10 Russian Young Arbitration Lawyers in 2019

International Experience
Publications and public speaking
October 12, 2021
Language English
Legal alert "The "Black Swan Dance": The Future of the BVI Injunctions in the Aid of Foreign Proceedings Has Been Finally Determined" by Rybalkin, Gortsunyan and Partners
Yan Kalish | Timur Abushakhmanov
August 5, 2021
Language English
Webinar: Sports Arbitration. Webinar moderated by Yan Kalish within the TIAC Spotlight Series of webinars
Yan Kalish
July 13, 2021
Language English
Information exchange and legal technology in international arbitration. Joint webinar by Arbitrator Intelligence и RAA40

Watch
Yan Kalish
July 7, 2021
Language English
"Tashkent International Arbitration Centre – Uzbekistan’s new arbitral institution". Chapter of the The Asia-Pacific Arbitration Review 2022, a Global Arbitration Review special report  co-authored by Yan Kalish, June 2021.
Yan Kalish
June 1, 2021
Language English
Bankruptcy vs Arbitration: a view from Russia. Yan Kalish's speech at the online-seminar organised by RAA40 and RusFor (Russian Speaking Legal Professionals Forum)
Watch
Yan Kalish
February 3, 2021
Language Русский
Online seminar “Arbitration: Problems and Effective Solutions”. Joint webinar held by RGP, RSPP and Deloitte, moderated by Dmitry Dyakin.
Dmitry Dyakin | Vladimir Pestrikov | Yan Kalish
September 2, 2020
Language Русский
Yan Kalish lectures on Arbitration. The lecture comes as a part of the Online Video Course on Arbitration by LF Academy
Yan Kalish
June 18, 2020
Language Русский
Online discussion “Sanction changes in the Arbitrazh Procedure Code: (self) defense or (counter)attack?” Yan Kalish moderated the event organized by RAA40
Yan Kalish
May 16, 2020
Language Русский
Yan Kalish speech “Remote justice in arbitrazh courts: a desperate measure or a step into the future?”Speech at the round table at the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
Yan Kalish
December 12, 2019
Language Русский
Yan Kalish speech “How does ad hoc arbitration work?” Speech at the AD HOC ARBITRATION FORUM 2019, “Where and how to find your ad hoc arbitrator?”
Yan Kalish
October 16, 2019
Language Русский
Yan Kalish speech “Aspects of professional process in the international arbitration and courts of various jurisdictions”. Speech at the session “Professional court process: pros and contras” at the Institute of Legislation and Comparative Law under the Government of the Russian Federation (as part of the XIV Annual scientific readings in memory of professor S.N. Bratus’ “Investments in national and international law: a balance of private and public interests”).
Yan Kalish
October 4, 2019
Language Русский
“Nontrivial methods of gathering information for legal proceedings and aggressive lawsuit strategies”. Presentation by law firm Rybalkin, Gortsunyan & Partners at the Inter RAO off-site legal conference.
Suren Gortsunyan | Yan Kalish
September 18, 2019
Language Русский
“Hague Convention on Recognition and Enforcement of Foreign Judgments: the new reality or an old tale?”. An article for Kommersant newspaper. Read
Yan Kalish | Danil Karimov
September 17, 2019
Language English
Conference “Best Practices in Written Pleadings: a Success Story of Your Case”. Conference organised by ICDR Y&I, RAA40 and ICC YAF, Moderator: Yan Kalish
Yan Kalish
September 12, 2019
Language Русский
“Chinese courts will ensure Hong Kong arbitration”. An article for Arbitration.ru magazine, No. 8(12). Read  
Yan Kalish
August 5, 2019
Language Русский
“Arbitrability of disputes”. Presentation by Rybalkin, Gortsunyan & Partners at the Summer Academy “International Arbitration in Russia and CIS”.
Yan Kalish
April 18, 2019
Language Русский
“Resolution of complex commercial disputes involving a Russian element abroad”. Seminar held by Rybalkin, Gortsunyan & Partners.
Anastasia Konstantinova | Ivan Meleshenko | Yan Kalish
February 6, 2019
Language Русский
“Discussion on the choice of arbitrator in the international commercial arbitration”. An article for Arbitration.ru magazine, No. 6. Read
Yan Kalish
Yan Kalish
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