Drew Holiner

Magister (Moscow, First Class) (Russian law); GDL (BPP); MCIArb; Russian Law expert
Call date: 2005 2002 (Russia)

Summary

Drew is the only barrister in England and Wales who is also a qualified member of the Russian Bar.  He has over 10 years of experience in litigation, advocacy and advisory work in Russia and other republics of the former Soviet Union, with a strong grasp of Russian and CIS substantive and procedural law and its practical implementation.

Drew's commercial practice is focused on public & private international law issues arising in commercial, company, tax, property, human rights, regulatory and public law litigation and before government bodies.  Following his call to the English Bar, he has been instructed in English law matters in high-value commercial, insolvency and tax litigation and arbitrations with cross-jurisdictional aspects, and frequently provides expert evidence on English and Russian law.

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 is fully fluent in both English and Russian and is equally comfortable working in either language.

Recent Major Cases

Commercial Litigation & Arbitration

  • Acting for Russian chemical producer in EUR 10mln ICC arbitration of shipping dispute under English law
  • Acted for Russian oil company in Russia's largest ever insolvency involving application of English, Russian and international human rights law
  • Acted for US metals company seeking enforcement of USD 25mln arbitral award in Russia against allegations of risk of double recovery form parallel action in England
  • Provided expert evidence for Luxembourg investment company in dual multi-billion rouble ICC arbitrations concerning validity and enforceability of amendment to arbitration agreement raising questions of Russian company and agency law
  • Provided expert evidence for Russian gas company on English law classification of an undersea interconnector and capacity sublet agreements in Russian tax litigation

Human Rights Law

  • Acting for former Russian oil company executive in ECtHR challenge to his prosecution for white-collar crimes, as well as the Russian government's failure to secure timely and appropriate medical treatment in detention
  • Acting for Russian NGO in ECtHR challenge to ministry orders to disclose confidential correspondence and information on members' private lives
  • Acting for director of American NGO in ECtHR challenge to his deportation from Russia with application of CoE Guidelines on Forced Return
  • Acting for tenants of Siberian condominium in ECtHR to the unlawful privatisation of the building's common areas and the courts' application of the good faith purchaser rule

NGO and religious organisations

  • Acted for NGO in judicial review of Russian tax authority's decision to apply profit tax to grants exempted under EU-Russia and US-Russia bilateral assistance agreements
  • Advised Russian multinational NGO to successfully secure VAT exemption for imported media under the Nairobi Protocol to the Florence Agreement
  • Acting for three religious organisations in ECtHR challenge to Convention compatibility of provisions of Russia's Religious Associations Act
  • Acting for Russia's largest democratic opposition party in ECtHR challenge to its exclusion from regional elections