Elena Matlak
Elena Matlak
Elena Matlak
Biography
Elena Matlak is an Associate within the International Arbitration team in London. She has a strong background in complex, cross-border commercial disputes, with a particular emphasis on international arbitrations involving shareholder disputes and allegations of fraud. Elena has represented some of the world’s leading companies in disputes across the USA, UAE, CIS, Europe and Russia from sectors as diverse as aviation, insurance, private equity, e-commerce, energy, commercial real estate and financial services. This includes arbitration proceedings administered under the rules of the major international arbitral institutions and court proceedings involving enforcement and challenges of arbitral awards, anti-suit injunctions and contempt of court.
Elena is both a Solicitor Advocate (Higher Courts - Civil Proceedings) experienced in litigation before the High Court in London, as well as being a Russian advocate who practised in the Russian Federation for several years. She is renowned for her expertise on Russian law and continues to be highly-sought after for her advice and representation in disputes involving Russia-related parties. Aside from the laws of Russia and England & Wales, Elena has also acted and advised in international commercial arbitrations involving the application of laws of the Netherlands, Italy, Cyprus, Malta, Kazakhstan, Ukraine and the British Virgin Islands.
Professional Affiliations
- London Court of International Arbitration
- Arbitral Women
Admissions
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England and Wales
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Russian Federation
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Astana International Financial Centre Court (AIFC Court)
Related Practice Areas
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International Arbitration
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Litigation & Dispute Resolution
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Business & Commercial Disputes
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Banking & Finance Disputes
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Insurance
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Intellectual Property and Technology Disputes
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Oil, Gas and LNG
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Real Estate Disputes
Experience
- Advising a global leader in storage and information management services in relation to two LCIA arbitrations. The proceedings were commenced by a former manager of one of its subsidiary companies in respect of the payment of bonuses under a management incentive program. Represented the subsidiary company before the LCIA Court.
- Advised the seller, a global power company, on its potential liability in a claim for breach of warranties and fraudulent misrepresentations in relation to an SPA in respect of the shares in its subsidiary company.
- Represented a client in anti-suit injunctive proceedings in the Commercial Court in order to restrain foreign court proceedings.
- Represented a Kazakhstani company in High Court proceedings regarding success fee entitlements of the company’s former directors and officers in respect of the proceeds of a US$300m judgment obtained by the company.
- Represented Kazakhstani investors in the oil & gas sector before the AIFC Court in connection with a shareholders’ dispute concerning an M&A transaction.
- Represented a Dutch fintech company in a dispute arising out of alleged breaches of IP rights involving parallel proceedings in a number of jurisdictions.
- Represented a private equity fund in a US$300m dispute in a complex fraudulent misrepresentations case before the LCIA Court in London. LCIA arbitration involved complex issues of Russian and English law as well as jurisdictional issues and interim measures in various jurisdictions, which were complicated by the issuance of a parallel state court proceeding in Russia.
- Represented the Claimant in contempt proceedings before the High Court for breach of an anti-suit injunction issued by an arbitral tribunal. The matter involved jurisdictional challenge which raised complex procedural issues of Russian and English law and was eventually dismissed by the High Court
- Represented the Claimant before the High Court in relation to an application for an anti-suit injunction against a third party for bringing court claims in Russia overlapping with the subject matter of arbitration proceedings before the LCIA Court.
- Represented a shareholder in one of the largest Russian e-commerce companies in a high-profile London seated LCIA arbitration. The dispute concerned the management and operation of one of the largest Russian e-commerce companies and included unfair prejudice claims, which are rare in international commercial arbitration. Also advised in respect of arbitration related court proceedings in four separate jurisdictions.
- Advised one of the largest Russian insurers on issues of Russian law in a US$300m insurance dispute over a diamond mine accident, which resulted in a settlement agreement between the parties involved.
- Advised a UAE oil company in a Russia-related case in respect of contractual and non-contractual liability of the parties involved. The matter involved complex jurisdictional issues as well as complex issues of substantive law under English and Russian law.
- Part of BCLP team representing a Russian shareholder in a US$300m joint venture dispute in relation to a valuable area of commercial real estate in central Moscow. LCIA arbitration in London followed by High Court proceedings and involved complex jurisdiction issues, minority oppression claims, and court challenges on grounds of jurisdiction and procedural unfairness.
- Part of a team that represented GFH Capital in a high-profile case involving $5 million fraud allegations against its former employee, ex-Leeds United boss David Haigh, in DIFC court and enforcement proceedings in the High Court (incl. applications for worldwide freezing order and proprietary injunctions).
- Part of a team that represented a wealthy Chinese client in High Court proceedings over fraud allegations against a close business associate, involving interim measures over rare cars and diamonds.
Resources
Publications
PLC Arbitration blog (11 June 2020) “Walking the line: independence and the party-appointed expert”
PLC Arbitration blog (4 July 2019) “Arbitrating corporate disputes in Russia: the conditions and what they mean for arbitration clauses”
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