To: Space Manufacturing Ltd.

From: Anastasia Rozeeva, group 124

Email: anastasiya.rozeeva@gmail.com
January 31 2016
MEMORANDUM FOR SPACE MANUFACTURING LTD. ON APPOINTMENT OF THE ARBITRATOR
You have asked us to prepare a detailed memorandum on the appointment of an arbitrator
for Space Manufacturing Ltd. As follows from the arbitration clause, the arbitrator must be wellqualified and with experience in a construction sphere.
Our decision on the appropriate candidate for arbitrator was based on a number of other
qualifications, which we deem necessary and in the interests of Space Manufacturing Ltd.,
including:

First, deep understanding and knowledge of Russian procedural law, especially with
regard to arbitrability of corporate disputes (as follows from Russian procedural law
and national court practice, corporate disputes are not arbitrable, thus this person

should be well aware of this fact);

Second, knowledge that under the Russian law the arbitration clause does not extend

to the third parties;

Third, familiarity with the concepts of extension of the arbitration agreement to nonparties, in particular, with the group of companies doctrine (which could be relied
upon by the Applicant) and the fact that it is no longer extensively supported by

national courts;
Forth, fluent knowledge of English, since there is a reasonable likelihood that the
Applicant, PJSC Absolutstroy, might chose a foreign arbitrator with no knowledge

of Russian language;
Fifth, ability to be actively engaged in the arbitration process, certain skills with
regard to the communication with tough judges, confidence and convincement.

Considering your mandatory criteria and qualities proposed by us, we came to a

conclusion, that the best-suited candidate for the arbitrator appointed by Space Manufacturing
Ltd. will be Maksim Kulkov.
Maksim Kulkov, a partner and a co-founder of the Russian law firm Kulkov, Kolotilov
& Partners, has been engaged in dispute resolution for more than 20 years. 1 Before running its
own law firm, Maksim Kulkov worked in Freshfields Bruckhaus Deringer, Goltsblat BLP and
Pepeliyev, Golsblat & Partners.2 He specializes, among others, in the construction disputes, 3 in
particular, he had experience regarding the construction of Castoramas shopping center in the
city of Volgograd, Russia.4 The Legal500, Chambers & Partners and Best Lawyers recommend
Maxim as one of the best Russian dispute resolution specialists.5 Chambers Europe in 2015
indicated that he takes a lot care to deal with complicated matters.6 Finally, he knows how to
deal with difficult judges, giving a lecture in the Higher Scholl of Economics Ways to influence
tough judges.7
He fluently speaks English, in particular, he got LLM in the Nottingham University, the
UK.8

He is well aware that under Russian law corporate disputes are non-arbitrable and has

several articles dedicated to this issue.9 Furthermore, he knows that according to Russian law,
the third party cannot be bound by the arbitration clause, since, being a speaker on the ICC
conference in Russia, he presented a review of the Russian court practice with regard to the
1 Available at: http://info.vedomosti.ru/events/speakers/1246 [Vedomosti].
2 Available at: http://eng.kkplaw.ru/who-we-are/principal-partners/maxim-kulkov/ [KK&P,
Maxim Kulkov].
3 Vedomosti, supra note 1.
4 KK&P, Maxim Kulkov, supra note 2.
5 Available at:
http://www.siac.org.sg/images/stories/documents/cv/Maxim_Kulkov_Profile_Nov2015.pdf.
6 Available at: http://www.chambersandpartners.com/europe/person/292449/maxim-kulkov
[Chambers and Partners].
7 Available at: https://pravo.hse.ru/data/2015/06/23/1083716790/Dispute%20Resolution
%20.pdf.
8 Chambers and Partners, supra note 6.
9 M. Kulkov, Position of the Constitutional Court of the Russian Federation in
relation to Arbitrability of Corporate Disputes, Legal Insight, March, 2012; M.
Kulkov, D. Vlasov, Arbitrability of Corporate Disputes Under Russian Law Still Uncertain?, Corporate Disputes Magazine, January-March, 2015.
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extension of the arbitration clause on the third parties. 10 Meanwhile, being a member of this
conference he heard Noa Rubins, a managing partner of Freshfields Bruckhaus Deringer, noting
that the group of company doctrine (which the Applicant can rely upon) is no longer applied by
national courts of several countries.11
Therefore, we conclude that Maksim Kulkov is a well-qualified and highly acclaimed
specialist, with all necessary professional and personal skills. Hence, we highly recommend you
to consider appointment of Maksim Kulkov as the arbitrator for Space Manufacturing Ltd.
Please feel free to contact us if you have any questions or comments at your earliest
convenience.

10 Available at: http://www.iccwbo.ru/news/2015/obzor-osnovnykh-tem-konferentsii-rossiyakak-mesto/#.

11 Ibid.
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