Prof Yarik Kryvoi – Russian Law Expert

Professor Yarik Kryvoi, Russian law expert witness
“Yarik Kryvoi's expertise on matters of Russian law is invaluable. His opinions always command respect.” — Legal 500

Professor Yarik Kryvoi acts as an independent Russian law expert witness for courts and arbitral tribunals. He prepares expert reports and gives evidence on the Russian legal system, commercial law, courts, sanctions, dispute resolution and the law of the Eurasian Economic Union.

His recent instructions have involved some of the most significant disputes concerning Russian law after 2022, including the Lugovoi Law, sanctions and countersanctions, anti-suit injunctions, jurisdiction, enforcement, state-owned companies, aviation and insurance.

He has recently acted for leading UK, US and Irish law firms, including Clifford Chance, Covington & Burling, King & Spalding, Latham & Watkins, Linklaters, Peters & Peters, Reed Smith, Stewarts, Matheson, Mason Hayes & Curran, McCann FitzGerald and William Fry.

He is a native Russian speaker who spent seven years studying and practising law in Russia. He was admitted in Russia in 2002 and New York in 2008 and has worked at Baker & McKenzie, Morgan Lewis and Freshfields. He is Of Counsel at Keidan Harrison in London and Director of the Investment Treaty Forum at BIICL.

Professor Kryvoi holds an LL.M. from Harvard Law School, a PhD from UCL and a PhD in law from Moscow State Law Academy. He has more than 25 years of practical and academic experience.

Russian law expert experience

Independent opinions and testimony for courts and arbitral tribunals, combining Russian legal sources, judicial practice and the practical operation of the Russian legal system.
Show selected instructions and case examples
  • Drafting expert opinions on Russian law concerning the piercing of the corporate veil of a major Russian state-owned company, the group of companies doctrine, sovereign immunity, and enforcement of investor-State and commercial arbitral awards across different jurisdictions. See the Dutch court judgment relying on Professor Kryvoi's testimony in JSC DTEK Krymenergo v Russian Federation.
  • Opining on jurisdictional challenges under Articles 248.1 and 248.2 of the Arbitrazh Procedure Code (the Lugovoi Law), including complex jurisdictional disputes involving these provisions. See Google v ANO TV-Novosti and others.
  • Preparing expert reports on Russian law relating to anti-suit injunctions against a major US technology company for submission to courts in Spain and Hungary.
  • Serving as a Russian law expert in multiple English court proceedings seeking anti-suit injunctions in relation to Russian proceedings and in support of forum-selection agreements favouring English courts and London- and Paris-seated arbitration, including UniCredit Bank GmbH v RusChemAlliance LLC.
  • Preparing an expert opinion for an Israeli investor on the rule of law in Russia, Russian commercial procedure and international commercial arbitration, followed by cross-examination in an Israeli court.
  • Examining fair-trial prospects in arbitrations seated in Moscow and the implications of Western sanctions in disputes involving Russian and Belarusian entities.
  • Providing guidance on the interpretation of clauses in Soviet bilateral investment treaties in high-stakes arbitral proceedings.
  • Preparing an expert opinion on sanctions-related exclusive jurisdiction of Russian courts, countersanctions, service of process, interim measures, initiation and withdrawal of Russian arbitrazh proceedings, and enforcement of arbitration agreements.
  • Preparing an expert opinion on Russian countersanctions, pressure on Russian commercial courts by high-ranking officials and influential businessmen, and different treatment of investors from “friendly” and “unfriendly” jurisdictions.
  • Advising on export restrictions in a political-risk insurance dispute and restrictions affecting foreign investors' ownership, use and possession of assets in Russia.
  • Advising on customs, insurance and administrative law relating to leased aircraft in Russia, including aviation law, export and import controls, rights of foreign lessors, sanctions and reinsurance under Russian and Eurasian Economic Union law.
  • Preparing an expert opinion on Russian tax law for a high-net-worth individual involved in Irish administrative proceedings.
  • Preparing expert reports on Russian commercial law, civil law, commercial and civil procedure, aviation law, insurance law, criminal law and extradition.
  • Providing expert advice on Russian tax law in major arbitral proceedings against the Russian Federation on instructions from what was then the world's largest oil company.

Selected public testimony

Publicly reported testimony in the Netherlands, England, California, Israel and Ireland, including proceedings involving Russian state entities, sanctions, aviation insurance, tax and anti-suit relief.
Show additional publicly reported testimony
  • Air Lease Corporation and others v Certain Underwriters at Lloyd’s Syndicate 1969 and others, Superior Court of California, County of Los Angeles, Case No 22STCV39411 and related cases (United States).
  • Shtang Construction and Engineering Ltd v Slutskvodokanal Utility Unitary Enterprise et al, Tel Aviv-Yafo District Court, 30110-01-24 (Israel).
  • Google LLC & Anor v NAO Tsargrad Media [2024] EWHC 2212 (Comm), 19 August 2024 (England).
  • Avolon Aerospace (Hamilton) AOE 1 Limited & ORS v Lloyd’s Insurance Company S.A. & ORS, Irish High Court Record No 2022/5514P.
  • Hermes Aircraft A1264 Limited & ORS v All Underwriting Members of Syndicate 1969 at Lloyd’s & ORS, Irish High Court Record No 2022/6087P.
  • NAC Aviation 29 DAC & ORS v Lloyd’s Insurance Company S.A. & ORS, Irish High Court Record No 2022/6232P.
  • In the Matter of Aoife Quinn & Stephen Kelly, Tax Appeal Commission of Ireland, App-1709-00238.
  • Trafalgar Developments Ltd & Ors v Mazepin & Ors [2019] IEHC 611.

Other relevant activities

Academic teaching and examining, law-reform work in Central Asia, professional networks, publications and institution-building focused on Russia and the former Soviet region.
Show additional relevant activities
  • Member of the Working Group of the Chamber of Commerce and Industry of Uzbekistan on improving international commercial arbitration law and practice.
  • Preparing a report with recommendations on foreign-investment law and policy for a post-Soviet State.
  • Advising a Central Asian government on investment-protection legislation and international investment agreements under a World Bank-funded project.
  • Initiating and running projects relating to the rule of law, good governance and education reform in Belarus.
  • Organising training, conferences and seminars on international dispute resolution and law reform for senior lawyers and government officials.
  • Founder of the Ostrogorski Centre and Belarus Digest and Editor-in-Chief of the Journal of Belarusian Studies.
  • Member of the Executive Committee of the Russian and CIS Arbitration Network.

Featured book on CIS arbitration

A comprehensive country-by-country guide to arbitration law and practice across the CIS region.

Cover of Law and Practice of International Arbitration in the CIS Region

Law and Practice of International Arbitration in the CIS Region

Co-edited with Kaj Hobér.

This country-by-country work covers arbitration legislation, institutions, procedure and enforcement across ten CIS jurisdictions.

View the book and purchase options

Publications related to Russia, Belarus, Kazakhstan and sanctions

Publications address Russian sanctions and countersanctions, enforcement, the Lugovoi Law, state-owned companies, Russian contract and corporate law, CIS arbitration, corruption, foreign investment and legal reform in Kazakhstan.
Show earlier publications and reports
Comparative Analysis of National Legislation and International Good Practices concerning Justice Authorities and Recommendations for Kazakhstan, World Bank-funded report, 191 pages (2018, not public).

Compares Kazakhstan with selected OECD and reform jurisdictions, covering justice institutions, executive-judicial relations, prosecution, organisational capacity, security, privacy, technology, prisons and public trust.

Comparative Analysis of Kazakhstan's Legislation and Practice on Rulemaking and Legislative Drafting, World Bank-funded report, 217 pages (2018, not public).

Identifies international good practices in problem definition, drafting, consultation, adoption, regulatory-impact assessment, review and oversight, with recommendations for clearer and more effective regulation.

Comparative Analysis for Further Development of Kazakhstan's Entrepreneurship Code, World Bank-funded report, 229 pages (2018, not public).

Examines corporate law, contract law and foreign-investment protection, drawing on Kazakhstan, Canada, Germany, Russia, Singapore, the United Kingdom and public international law.

Economic Crimes in International Investment Law, International and Comparative Law Quarterly (2018).
Contract Law in Russia, book review, King's Law Journal, vol. 25, pp. 488–491 (2014).

Reviews a major English-language treatment of Russian contract law, highlighting its use of Russian court practice and comparative explanations of differences between Russian and English law.

Corporate Disputes in Arbitration Tribunals: To Be or Not To Be, Zakon, issue 4, pp. 108–118, with Sergey Strembelev, in Russian (2013).
Bribery and Russia-Related Arbitration, in Arbitration in CIS Countries: Current Issues, pp. 113–126 (2012).
Employee Ownership and Corporate Governance in Post-Privatization Russia, UC Davis Business Law Journal, vol. 8, pp. 298–322 (2008).
Why European Union Trade Sanctions Do Not Work, Minnesota Journal of International Law, vol. 17, pp. 209–246 (2008).
Discrimination and Security of Employment in a Post-Soviet Context, International Journal of Comparative Labour Law and Industrial Relations, vol. 22, no. 1, pp. 5–17 (2006).
Smarriti nella transizione: i lavoratori meno giovani nelle economie europee di transizione, Diritto delle Relazioni Industriali, vol. 15, no. 4, pp. 1019–1026 (2005, Italian).
The Relationship between the State and Trade Unions on the Labour Market: the Belarusian Case, Bulletin of Comparative Labour Relations, vol. 48, pp. 223–231 (2003).
From Sanctions to Summits: Belarus After the Ukraine Crisis, European Council on Foreign Relations Policy Memo (2015).
Bribery, Corruption, and Fraud in Investor-State Disputes: How Should Tribunals Approach Economic Crimes?, Kluwer Arbitration Blog, 10 August 2018.
Interview with ICSID Secretary-General Meg Kinnear: ICSID and the CIS Region, CIS Arbitration Forum, 31 May 2017.
More Parties Include ICC Arbitration Clauses, the Number of CIS Disputes Rising, interview with ICC leadership, CIS Arbitration Forum, 22 December 2015.
Clash of Giants — the Yukos Arbitration Decision, LexisNexis, 12 August 2014.
Protecting Foreign Investors in Crimea: Is Investment Arbitration an Option?, LexisNexis, 29 July 2014.
Russia's Mistral Deal under International Sanctions – Will the Dispute Be Arbitrable?, CIS Arbitration Forum, 3 October 2014.
National Labour Law Profile: Kazakhstan, International Labour Organization, November 2006.

Professor Kryvoi has also published more than 20 relevant works in Russian, Belarusian and Ukrainian.

Services

Instructing lawyers and legal teams

To request a conflict check, please provide the parties' names, a short case summary, the court or arbitral forum, the key Russian law issues and relevant deadlines.

Contact Prof Kryvoi

Frequently asked questions

For which jurisdictions have you prepared expert reports?

England, Ireland, the United States, Cyprus, Spain, Hungary, the Netherlands and Israel, as well as commercial and investor-State arbitrations involving Russian law.

How long does an expert opinion take?

Timing depends on complexity and volume. An urgent focused opinion may take about one week, while complex reports can require several weeks or months.

Can Russian law be proven without a Russian lawyer?

Formal requirements vary. Courts and tribunals generally place greatest weight on experts with relevant qualifications, practical experience, strong academic credentials and the ability to explain Russian law independently.

What is your experience with cross-examination?

Professor Kryvoi has been cross-examined in multiple jurisdictions. His cross-examinations have ranged from several hours to two weeks.

Why do law firms appoint you as a Russian law expert?

Law firms often value a native Russian speaker with extensive training in both Russian and common law, experience at reputable firms in Russia and the West, and substantial post-2022 experience concerning sanctions and politically sensitive disputes.