Viktor Gerbutov
Russian Law Expert, Candidate of Legal Science (Lomonosov University), Counsel
Arbitration
Mergers & Acquisitions
Viktor Gerbutov has substantial experience in advising clients on – very often controversial and complex – issues of Russian civil law (in particular, contract law, collaterals and noncontractual remedies), insolvency law, corporate law, family law, labour law, and civil procedure. He represents clients before Russian courts as well as arbitration tribunals, sits as arbitrator, and also acts as an expert witness on Russian law before foreign courts and arbitration tribunals.
Projects
- Russian law expert witness advice in more than 20 cases before the English High Court, LCIA, Eastern Caribbean Supreme Court (BVI), Irish High Court, Royal Court of Guernsey with the total value exceeding USD 5 bln.
- Representing one of the largest gold mining companies in Russia in its dispute with the management and minority shareholders of Russian subsidiaries, one of the largest corporate conflicts in Russia in 2020-2021
- Representing world's largest watch manufacturer in numerous commercial and IP disputes in Russia
- Representing the world's largest oil and gas company in numerous IP actions in Russia
- Representing a leading international clothing manufacturer in a lease dispute over a client's flagstore in Russia
Distinctions
- Recommended for International Litigation, Arbitration, and IP in Russia by Kommersant business newspaper (2020-2021)
- Recommended for Litigation, Arbitration, Insolvency and Reorganization Law, and IP in Russia by The Best Lawyers (2020-2022)
- Recommended for Dispute Resolution in Russia by The Legal500 EMEA (2013-2021)
- Recommended for Insolvency in Russia by The Legal500 EMEA (2020-2021)
- Recommended for Intellectual Property in Russia by The Legal500 EMEA (2014-2021)
- Recommended for Arbitration by The Legal500 Arbitration Powerlist, CIS and Caucasus (2020)
- Recommended for Arbitration by Pravo.Ru 300 (2019-2020)
- Recommended for Enforcement and Litigation by WTR1000 (2018-2020)
- Recommended for Trademark Litigation by Leaders´ League (2018-2020)
- “…a very coherent counterargument, responsive to the point advanced by … has been advanced by Dr Gerbutov. …I accept, as I have indicated, that … submissions and Dr Gerbutov's report are cogent and coherent…” (Justice Jacobs, QUADRA COMMODITIES S.A. and Ors v International Bank of St-Petersburg [2021] EWHC 119 (Comm))
- “I found Dr Gerbutov’s Expert’s Report to be well-researched, and his opinion… to have been carefully and logically formed. ... I find Dr Gerbutov’s opinion…compelling. … I am persuaded by Dr Gerbutov... I find his argument compelling, well-researched by reference to comparative domestic decisions and preferable to the opinion of…” (ICC Judge Burton, PJSC VTB Bank v Laptev [2020] EWHC 321 (Ch))
- “The Tribunal considers that Dr Gerbutov was an impressive witness who gave clear and cogent evidence of Russian law” (LCIA Tribunal, [2020])
- “a leading Russian law disputes practitioner who provides first-class legal advice and analysis on the most complex issues… an excellent Russian law expert in English court proceedings in particular.” (Legal 500 EMEA, 2021)
- “a superb lawyer who consistently produces Russian legal advice and analysis of the highest order. In particular, … sets the bar high in terms of rigour and quality of written work in English” (Legal 500 EMEA, 2020)
- “an excellent expert, both in terms of his academic knowledge and practical experience” (Legal 500 EMEA, 2020)
- “a brilliantly clever and creative lawyer” (Legal 500 EMEA, 2020)
- “clever, responsive and experienced, …is well known for trademark and internet-related disputes and is among the best IP practitioners in Russia.” (WTR 1000 - World Trademark Review)
Insights
Career
- Legal studies at the Lomonosov Moscow State University (Russia), magna cum laude degree, graduate thesis was granted the honour of being added to the civil law department’s collection of theses (2003-2008)
- Postgraduate studies in the Civil Law Department at the Lomonosov Moscow State University (Russia) (2008-2011)
- Internship at the Max Planck Institute for Comparative and International Private Law in Hamburg (2008)
- Associate Professor at the Alekseev Private Law Research Centre in Moscow (Russia) (2016-2022)
- Lecturer at the department of Civil Law at the Law Faculty of Lomonosov Moscow State University (2020-2022)
- Recommended arbitrator of the Russian Arbitration Center at Russian Institute of Modern Arbitration, IP and IT disputes panels
- Recommended arbitrator of the Arbitration Center at the RSPP, member of the boards on international and investment disputes and disputes in the field of intellectual property
- With Noerr Since 2006
Lectures
- Lecturer at the department of Civil Law at the Law Faculty of Lomonosov Moscow State University (Russia)
Publications
- Walking Near the Grounds. How the Supreme Court Investigated an Unjust Enrichment Claim Arising Out of Termination of a Legal Ground, in: Zakon.ru, October 2021
- Who Will Be Liable for the Content?! To the Question of Liability of the Domain Name Administrator, in: Zakon.ru, September 2021
- Adventures of the Saldo Theory in England. On the Conditions of Application of the Disenrichment Defence, in: Zakon.ru, August 2021
- On Inadmissibility of Enforcement Actions in Foreign Jurisdictions in Circumvention of Russian Insolvency Proceedings, in: Zakon.ru, August 2019
- Jurisdictional Uncertainty in Internet Disputes in Russia, in: Lexology.com,April 2019
- Section on Russian law in: Litigation & Dispute Resolution 2018 (with Artem Kara), in: Global Legal Insights, theSeventh Edition, 2018
- On Settlements Resulting from Invalidity of a Reorganisation, in: Herald of Economic Justice, issue 12/2017
- The Russian Law Chapter in the IBA Insurance Committee Substantive Project 2016 “Insurers’ Rights of Recovery (Subrogation/Recourse)”
- Parallel Import. Results of 2015, in: Arbitrazh Practice, issue 01/2016
- On the Subject Matter of the Claim and Restoration of Corporate Control, in: Herald of Economic Justice, issue 12/2015
- On Disgorgement of Profit Resulted from the Use of Another Person’s Assets, in: Herald of Economic Justice, 08/2015
- The Notion and Forms of Enrichment in Unjust Enrichment Obligations, doctorate thesis, 2014
- Disputes arising from state contracts declared non-arbitrable, in: International Law Office, 07/2014
- Key Problems of Unjust Enrichment Obligations (with Dr. Novak D.V.), in: Herald of the Supreme Arbitrazh Court, 1/2014
- Evolution of Enrichment. To the Theory of Enrichment under Russian law, in: Vestnik grazhdanskogo prava, issue 2/2012
- Section on Russian Law, in: Handbuch IT-Litigation, Dr. Otto Schmidt, 2012
- Imposed Enrichment. To the Theory of Enrichment under Russian law, in: Vestnik grazhdanskogo prava, issue 2/2011
- On the Validity of Actions of an Illegally Appointed General Director (with Evgeny Maslennikov), in: Corporate Lawyer 1/2010
- Restitution of Possession. To the Theory of Enrichment under Russian law, in: Vestnik grazhdanskogo prava, issue 2/2009
- Survey of dissertations dedicated to unjust enrichment, in: Vestnik grazhdanskogo prava, issue 2/2008