Rupert has been recognised as a leading barrister in commercial litigation and international arbitration by Chambers and Partners UK, Chambers & Partners Global and The Legal 500 which have commended him as “very bright” “commercially astute” and “extremely responsive”. He has been cited in these publications for his “profound knowledge of the law” and as “an excellent draftsman” who “stands out for his quick mastery of the law as applied to the facts”; “anticipates any pitfalls very effectively” and is “very good on detail”.
Rupert’s advocacy has been repeatedly recognised by other lawyers who have worked with him. His peers are recorded in Chambers and Legal 500 as commenting that “his advocacy is excellent” and have “singled him out for his authoritative arguments in court” and for “succeeding in obtaining the relevant responses without being aggressive”.
Rupert’s niche expertise in Russian & CIS related disputes is widely recognised. Chambers, Chambers Global and Legal 500 have described him as being “Extraordinarily knowledgeable on all matters relating to the CIS” and noted that “his Russian language skills and substantial understanding of local market practice make him a strong asset in CIS-linked disputes.” As such, the directories have commended him as “excellent for CIS work”, and “a good choice for cases in need of a cerebral Russian/CIS expert” He is regularly instructed to provide expert opinions on English law issues for use in CIS court proceedings.
Rupert holds the following positions of responsibility in relation to Russia and the CIS:
Rupert also sits as arbitrator in LCIA arbitrations involving CIS parties.
Commercial Contract Disputes
Assignments; agency (including commission claims); breach of fiduciary duty; fraud; breach of warranty of authority; subrogation; mistake; misrepresentation; undue influence; illegality; limitation; estoppel; res judicata; abuse of process; enforcement of foreign judgments and arbitral awards.
Civil Fraud and Asset Tracing
Dishonest assistance; knowing receipt; breach of fiduciary duties (directors, employees agents); conspiracy; deceit; procuring a breach of contract; constructive trusts; unjust enrichment; money had and received; restitution; carousel/vat frauds; jurisdictional disputes (domicile, necessary or proper party, fair trial issues, forum conveniens, lis alibi pendens, anti-suit injunctions); freezing injunctions; interim remedies in support of foreign proceedings; search and seizure orders.
Company and Shareholder Disputes
Directors’ duties (breach of fiduciary duties; conflicts of interest; disclosure duties); joint venture disputes; share issues and transfers (including enforcement of share option agreements); rights of pre-emption; validity of purchases by a company of its own shares; waiver of statutory formalities; s.994 petitions; insolvency (winding-up petitions and related claims and applications).
Duties of care to customers/third parties; payments by mistake; rights and duties of mortgagees, chargees and pledgees; enforcement of guarantees; fraud related claims.
Sale of Goods
Disputes over title; conversion claims. (waivers, discharges of torts, acquisition of title under the Sale of Goods Act 1979); disputes over quality/fitness for purpose.
Chancery and Trust Disputes
Breach of trust and fiduciary duties; constructive and resulting trusts; TOLATA claims; estoppel; restitution; undue influence and unconscionability; unjust enrichment.
LCIA, ICC and SCC arbitrations (including as arbitrator); challenges to arbitral awards (including in relation to jurisdiction issues and serious irregularities); claims and applications relating to breaches of arbitral agreements (including anti-suit injunctions and claims for damages); bilateral investment treaty disputes (including breaches of the right to fair and equitable treatment and the right to enjoyment of full protection and security in relation to investments and expropriation).
Russian & CIS Disputes
Joint venture and shareholder disputes; civil fraud; unjust enrichment; restitution; conspiracy; delict; breach of directors’ and agents’ duties (under Russian, Ukrainian and Kazakh as well as English law); limitation; abuse of rights; conflict of laws; jurisdictional issues (governing law, domicile, necessary or proper parties, rule of law/fair trial issues); interim remedies in support of CIS proceedings; enforcement of CIS judgments and arbitral awards (including in an insolvency context); Russian/CIS law on corporate/shareholder and commercial fraud claims.
New Media Holdings Ltd v Kuznetsov  EWHC 360 (QB) Put Options; Term Sheets; Intention to Create Legal Relations; Supervening Ilegality.
Kishenin (t/a Beiderbecke's Hotel and Restaurant) v Bleach  EWCA 1184 Agreements; Certainty; Hotels; Posession; Tenancies.
PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov  EWHC 3771 (Comm); Committal for contempt; Corporate defendants; Disclosure; Disposition of property; Freezing orders; Non-compliance; Shareholders; Share transfers.
Kagalovsky v Turevych  EWHC 2697 (QB): Committal proceedings; Contempt of court; Costs; Disclosure orders; Discontinuance; Discretion; Permission.
PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov  EWHC 3203 (Comm) (worldwide freezing injunction in support of LCIA arbitral proceedings; discharge application; abuse of process; whether service out on a third party under the Chabra jurisdiction is possible in the context of arbitral proceedings)
PJSC Vseukrainskyi Aktsionernyi Bank v Maksimov  EWHC 422 (Comm); (2013) 163 N.L.J. 324 (worldwide freezing injunction; discharge application; test for exercising the Chabra jurisdiction; ‘good reason to suppose’ test; material non-disclosure)
Yugraneft v Abramovich, Millhouse Capital (UK) Ltd and Berezovsky  All ER (D) 299 (Oct) (Proceedings against Russian citizen and English company; alleged fraudulent dilution of shares in Russian company; proper law; dishonest assistance; delict; unjust enrichment; restitution; double actionability; jurisdiction challenge; Judgments Regulations; necessary or proper party; issue estoppel; res judicata; limitation)
Re OJSC ANK Yugraneft, Millhouse Capital UK Ltd v Sibir Energy plc and others  All ER (D) 311 (Oct) (Russian liquidator applying for winding up petition of Russian company and appointment of provisional liquidator in England; company subsequently commencing proceedings against applicants; applicants seeking dismissal of winding up petition)
Abou-Rahmah v. Abacha & Ors  1 All ER (Comm) 827, 9 ITELR 401 (banking; advance fee fraud; dishonest assistance; money had and received; negligence; duties to third parties; money laundering duties; resulting trust)
Re Areamas Ltd  All ER (D) 56 (Jun) (company, winding up, advertisement, whether bona fide dispute on debt).
Fresh ‘N’ Clean (Wales) Ltd v Miah (2006) LTL 3/10/2006 (breach of fiduciary duty, dishonest assistance, carousel fraud)
Fresh ‘N’ Clean (Wales) Ltd v Miah  All ER (D) 368 (Apr) (carousel fraud, civil procedure, application of CPR Part 14 (judgment on admission))
Onyeador v. Miss World Ltd  All ER (D) 257 (Apr), (commercial contract dispute, assignment, agency, subrogation, constructive trust, illegality)
Humphreys v. Humphreys  1 FCR 712 (undue influence; misrepresentation, unconscionable bargain; limitation).
Rupert has worked extensively across Russia and the CIS on a number of legal matters. In addition to Russia, his CIS experience has involved work in/in relation to Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Ukraine and Uzbekistan.
He has extensive working knowledge and practical experience of the following areas of local law and practice: Duties of representatives /agents; directors’ duties; shareholder rights; delict; unjust enrichment; abuse of rights; limitation; civil procedure in connection with commercial fraud claims; criminal law and procedure relevant to commercial fraud claims; insolvency law (including creditors’ rights); rule of law issues.
Recent CIS cases in which he has been involved include:
January 2011: Bar Council/British Embassy seminars (St Petersburg and Kyiv): Litigating and Arbitrating Commercial Disputes in England: Practical Tips for Foreign Lawyers, Different ways in which jurisdiction can be established in England.
April 2011: BRLA/British Consulate seminar (Ekaterinburg): Application of English Law in Russia – (Shareholders Rights and Related Issues): Shareholder Disputes – Obtaining Relief from the English Courts
May 2011: BrKLA/British Embassy seminar (Almaty) on Transactional Issues and Dispute Resolution under English and Kazakh Law. Establishing jurisdiction in England
June 2011: English Law Week (Moscow): Arbitrating Russian Disputes in England
September 2011: American Bar Association CIS Dispute Resolution Conference (Moscow): Third Annual Conference on Resolving Business Disputes. Shareholder Disputes: Protecting Minorities and Joint Venture Partners in Russia, England, the Netherlands and Cyprus
September 2011: First Legal Forum (Almaty): Oil & Gas Disputes: Choosing between Arbitration and Litigation.
October 2011: ABA Fall Meeting (Dublin): Obtaining Interim and Emergency Relief in Support of Arbitration – From the English Courts and English Tribunals.
February 2012: CIS Wealth Planning Conference (Zurich): Getting your disputes heard in England
June 2012: White Nights Conference (St Petersburg): Moderator of session entitled – Law & Justice: Made in the UK
June 2012: BrKLA/British Embassy seminar (Almaty): Why foreign clients choose English courts and arbitration.
July 2012: BRLA/British Consulate seminar (Ekaterinburg): Managing Contractual Risk under English Law:The Role of English Law in Promoting Investment
September 2012: 1stAnnual Wealth Forum (Cyprus): The Insider’s Guide to Litigation – How to Protect Your Client?
September 2012: American Bar Association CIS Dispute Resolution Conference (Moscow): Fourth Annual Conference on Resolving Business Disputes. Co-Chair of the conference and moderator of the Moot Applications Session
October 2012: IBA Mergers & Acquisition in the CIS Conference (Moscow): Moderated session on Arbitrability of Corporate Disputes in the CIS.
April 2013: Vedomosti Legal Conference (Moscow): Why English law is being preferred to Russian law (delivered in Russian)
May 2013: BrKLA/British Embassy seminar (Almaty): Shareholder disputes under English Law
July 2013: BRLA/British Consulate seminar (Ekaterinburg): An Analysis of Common Contractual Terms and Their Application in Practice: Relief for Breach of Contract
September 2013: American Bar Association CIS Dispute Resolution Conference (Moscow): Fifth Annual Conference on Resolving Business Disputes. Co-Chair of the conference and moderator of the session on the Cyprus Banking Crisis and CIS Related Disputes.
November 2013: English Law Week 2013 (Moscow): Panellist on the case study session on a Russian related arbitration dispute.
September 2014: American Bar Association CIS Dispute Resolution Conference (Moscow): Sixth Annual Conference on Resolving Business Disputes. Co-Chair of the conference and panellist on the session on "Making CIS Cases ‘Stick’ in Foreign Jurisdictions”.
September 2014: Sochi Legal: Panellist on the session on "Opportunities for Developing Arbitration Jurisdictions”.