Magister (Moscow, First Class) (Russian law); GDL (BPP); MCIArb; Russian Law expert
CALL DATE: 2005 (England & Wales), 2002 (Russia)
Drew is the only barrister in England and Wales who is also a qualified member of the Russian Bar. He has over 14 years of experience in litigation, advocacy and advisory work in Russia and other republics of the former Soviet Union, with specialist knowledge of Russian and CIS substantive and procedural law and its practical implementation.
Drew specialises in both private and public law disputes that have a close connection to Russia and other countries of the former Soviet Union, regardless of the judicial forum, and has advised or acted in litigation conducted in many jurisdictions, including Armenia, Azerbaijan, the British Virgin Islands, Cyprus, Georgia, Moldova, Kazakhstan, the Netherlands, Russia, Ukraine, the United Kingdom and the United States.
Drew is fully fluent in both English and Russian and is equally comfortable working in either language, and is often instructed to advise or appear as a Russian law expert in Western judicial proceedings and as an English law expert or party representative in proceedings conducted before tribunals in the Russian language in CIS member states and other countries of the former Soviet Union.
On the human rights front, Drew has been instructed in or advised on dozens of cases before the European Court on Human Rights (ECtHR), and has experience in the successful application of its procedural rules, including obtaining confidentiality and priority orders, as well as interim relief. He also has specialist experience with human rights issues faced by NGOs and religious associations in civil rights, tax and property disputes.
Drew accepts appointments to act as an arbitrator, and has experience in arbitrations conducted under ICC, LCIA, UNCITRAL and ICAC (Russia) rules.
MAIN PRACTICE AREAS
Commercial Dispute Resolution
International Commercial Arbitration
Russian Law Expert
Civil Liberties & Human Rights
Public International Law
RECENT MAJOR CASES
Commercial Dispute Resolution / International Commercial Arbitration
- Russian and offshore investors in multiple LCIA arbitrations and related litigation in Cyprus alleging an illegal corporate raid to seize a landmark property off Red Square in central Moscow
- A Russian mining company in an ICC arbitration over a shipping dispute involving chemical exports from Russia to Israel
- A Russian investor in an LCIA arbitration and related litigation in Cyprus over the disputed sale of a Moscow shopping and entertainment complex
- A Russian investment bank in an LCIA arbitration over disputed consultancy fees arising from the sale of an Cypriot telecommunications holding
- A Russian oil major in Moscow court proceedings administering Russia's largest ever insolvency
- A US commodities merchant in Moscow court proceeding seeking enforcement of a USD 25mln arbitral award against allegations of double recovery
- A Russian oil major in Moscow court proceedings challenging the auction sale of its core production asset
- A Georgian investor in an LCIA arbitration over the alleged breach of a shareholders' agreement in a BVI holding company
- A Russian company in Moscow court proceedings concerning the enforceability of an award of the English High Court in Russia
Russian law expert
- Evidence on Russian company and agency law for Luxembourg investment company in multi-billion rouble ICC arbitrations and subsequent enforcement proceedings in New York (USA)
- Evidence on Russian arbitration law and commercial court procedure for Russian investor seeking enforcement of annulled Russian arbitral award in the Netherlands
- Advice on shareholders remedies under Russian company, contract and tort law for Russian investor alleging an illegal corporate raid in BVI High Court proceedings
- Advice on Russian administrative, labour and immigration law for UK software publisher in English High Court proceedings concerning alleged copyright infringement
- Advice on Russian tort, labour and limitation law for international technical consultancy firm in English High Court proceedings arising from Russian mining disaster
- Evidence on Russian company law approach to fraudulent conveyances for district court proceedings in New York (USA)
- Evidence on Russian tax and insolvency law, enforcement proceedings for the former management of a Russian oil major in multiple court proceedings in the Netherlands
- Advice on Russian civil and insolvency law for several entities in Armenian court proceedings challenging the takeover of a local investment company
- Advice on Russian law rules governing promissory notes for BVI investment company in district court proceedings in the Netherlands
- Evidence on various matters of Russian civil law (place of payment, unjust enrichment, set-off) in district court proceedings in the Netherlands seeking the attachment of monies held by a Dutch oil trader
English law expert (for foreign proceedings)
- Gazprom v. Federal Tax Service [Russia]. Evidence on English law classification of undersea interconnector and capacity sublet agreements for Russian gas major in Moscow tax litigation
- Novyy Veterok v. Federal Tax Service [Russia]. Evidence on English law requirements in respect of credit agreements for Russian cement producer in Moscow tax litigation
- In re Yukos International (UK) BV and Moravel Investments Limited [Armenia]. Advice on enforceability of arbitral award against the assets of a dissolved company under English law
- In re Yukos Oil Company [Russia]. Advice on the validity under English law of an agreement purporting to assign the right to maintain a bankruptcy petition
Civil Liberties & Human Rights / Public International Law
Chagos Islanders v. United Kingdom, no. 35622/04 [ECtHR]
Corley and Others v. Russia, no. 292/06 [ECtHR]
Igarashi and Others v. Russia, no. 43490/06 [ECtHR]
Yabloko Russian United Democratic Party and Others v. Russia, no. 18860/07 [ECtHR]
Gontmakher v. Russia, no. 34180/08 [ECtHR]
Merchant International Company Ltd v. Naftogaz Ukrayiny  EWHC 1820 (Comm)
Bayatyan v. Armenia, no. 23459/03, ECHR 2011 [ECtHR]
Kimlya and Others v. Russia, nos. 76836/01 and 32782/03, ECHR 2009 [ECtHR]
Nolan and K. v. Russia, no. 2512/04, 12 February 2009 [ECtHR]
Aleksanyan v. Russia, no. 46468/06, 22 December 2008 [ECtHR]
Drew was given the 2007 St. Petersburg Bar Award for Criminal Defence Achievement for his representation before the ECtHR of a former oil company executive charged with white-collar crimes and suffering from AIDS, having obtained interim orders for his transfer to a civil hospital and appointment of a bipartisan medical commission.
Drew has lectured at a number of legal training seminars conducted under the auspices of the EU, Council of Europe, FCO, ABA and various NGOs concerning application of the European Convention on Human Rights (ECHR) and the International Convention on Civil and Political Rights (ICCPR) within domestic legal systems. These have included training of members of the bar, judiciary, government officials and NGOs in both Eastern and Western Europe.
Drew is a member of the Steering Committee of the European Human Rights Advocacy Centre (EHRAC).
Contact Drew Holiner