Tuyana Molokhoeva, LL.M.

Tuyana Molokhoeva is an international arbitration and complex business litigation expert. As an experienced foreign attorney, she is well-equipped to implement legal perspective to all aspects of expert work in both litigation and technical due diligence projects. Before joining Quandary Peak Research, she worked for a top international law firm, leading cross-border legal teams in multimillion dollar international arbitrations and litigations involving foreign investment, commercial contracts, shareholder disputes, and software development.

At Quandary Peak, Tuyana advises clients on IP litigation and arbitration involving trade secret misappropriation, breach of contract, and copyright infringement. She provides assistance to experts at all stages including client onboarding, analysis of documentary evidence, discovery, and expert report drafting. On technical due diligence projects, she focuses on analysis of open source software components, including interpretation of programmatic analysis results, assessment of the risks related to open source licenses terms and cybersecurity vulnerabilities and possible ways to address them. She also provides project management support in technical due diligence and litigation cases, including organizing the team internally and ensuring the final product addresses the client’s specific concerns.

Tuyana obtained her Master’s Degree in Law from the USC Gould School of Law where she was a recipient of the prestigious Dispute Resolution Award (merit-based full tuition scholarship). She also earned the Graduate Certificate in Technology and Entrepreneurship Law together with her Master’s degree. She obtained her first law degree from Lomonosov Moscow State University in 2014.

Tuyana currently serves as a Co-Chair of the Young CalArb—a young chapter of California Arbitration—a non-profit organization which is aimed to promote resolution of international business disputes through arbitration in California.

Summary of Qualifications

Management and coordination of technical due diligence projects in the context of M&A transactions and internal assessment; drafting, reviewing and finalizing technical due diligence reports.
Analysis of open source software components in technical due diligence projects, including interpretation of programmatic analysis results, assessment of the risks related to open source licenses terms and cybersecurity vulnerabilities.
Assisting experts on coordination, document review, information requests in IP litigations and arbitrations.
Interfacing with clients regarding organizational aspects of the projects and delivering the final product.
Holds a Master of Law (LL.M.) and a Graduate Certificate in Technology and Entrepreneurship Law from University of Southern California, Gould School of Law.
Successfully represented clients in international arbitrations under UNCITRAL, LCIA and SCC Rules seated in London, Hong Kong, Stockholm, and New Delhi.
Successfully represented clients in cross-border litigations in various jurisdictions, including the Netherlands, US, UK, Cyprus, Malta, Turkey, and Switzerland.
Drafted written submissions and witness statements, analyzed documentary evidence, handled procedural correspondence with an opposing party and arbitrators, prepared memoranda, interfaced with clients, supervised the work of junior associates and paralegals, coordinated the work of foreign counsel and experts, and developed the case strategy.
Fluent speaker in Russian, and English.

Areas of Expertise

International arbitration
Complex business litigation
Cross-border dispute resolution
International M&A transactions

Litigation Experience

ClubReady LLC v. Xponential Fitness et al.| Apr 2023–Present
Jurisdiction: American Arbitration Association
Counsel: Willkie Farr & Gallagher LLP
Nature of Suit: Breach of Contract
K+S Potash Canada General Partnership v.
Veolia Water Technologies Inc. et al. (Case No. QB No. 817) | Mar 2023–Present
Jurisdiction: Court Of Queen’s Bench For Saskatchewan
Nature of Suit: Breach of Contract
Counsel: Stikeman Elliott LLP
Technology: Plant Design Management Systems (PDMS), Clash Detection, Database synchronization
Coinmint v. Katena (AAA Case No. 01-22-0001-7627)| Mar 2023–Present
Jurisdiction: American Arbitration Association
Counsel: Gordon Rees Scully Mansukhani, LLP
Nature of Suit: Breach-of-Contract
Technology: Cryptocurrency mining
Espíritu Santo Holdings, LP and L1bre Holding, LLC v. United Mexican States (ICSID Case No. ARB/20/13)| Dec 2022–Present
Jurisdiction: ICSID (Washington, DC)
Counsel: Ministry of Economy of Mexico, Pillsbury Winthrop Shaw Pittman LLP
Nature of Suit: Investor-State Arbitration, Intellectual Property Misappropriation
Technology: Mobile phone applications, ride hailing services
Confidential Arbitration (Mexican technology company v. Mexican subsidiary of a major Chinese technology company) Nov 2022–Present
Jurisdiction: Hong Kong International Arbitration Center
Counsel: Confidential
Nature of Suit: Breach-of-Contract
RoboticVisiontech, Inc. v. ABB Inc. | Oct 2022–Present
Jurisdiction: Delaware District Court
Counsel: Sterne, Kessler, Goldstein & Fox
Nature of Suit: Copyright, Trade Secret, Patent
PJSC RusHydro v. Kyrgyz Republic (PCA Case No. 2018-21) | 2018–2022
Successfully represented a major hydroelectric company RusHydro in an arbitration against the Kyrgyz Republic over reimbursement of $37 million in costs incurred on construction of a hydroelectric power plant cascade in the Kyrgyz Republic. The arbitral tribunal has awarded RusHydro’s claims ordering the Kyrgyz Republic to compensate for the funds invested in the project. The arbitration was seated in Hong Kong and administered by the Permanent Court of Arbitration in the Hague.
Confidential arbitration,
London Court of International Arbitration | 2021-2022
Represented a major Russian bank in an LCIA arbitration against a Dutch guarantor in a dispute over a $400 million facility agreement and related security package. Advised the client on the possibility to obtain provisional remedies in different jurisdictions, including Cyprus and the Netherlands, as well as overall strategy of the debt recovery and restructuring. Successfully obtained attachment orders over the guarantor’s assets in the Dutch courts.
Confidential matter | 2019
Advised one of the major Russian IT companies in a dispute with its Italian subcontractor arising from a breach of contract for the development of a payment system for the central bank and a sublicensing agreement providing the rights to use the software.
Confidential matter | 2019
Advised one of the major Russian banks in a joint venture dispute with the founder of the failed fin-tech startup company.
Confidential arbitration,
Stockholm Chamber of Commerce | 2017-2018
Represented a State Agency in an arbitration under the Rules of the Stockholm Chamber of Commerce against a CIS based company concerning a dispute over a road infrastructure project.
Confidential arbitration (ad hoc) | 2014-2018
Represented a State Agency in arbitration proceedings in New Delhi concerning a dispute with the Indian shareholders of a Russian-Indian joint venture in metallurgical industry over recovery of $60 million of investments.
Confidential arbitration,
London Court of International Arbitration | 2014-2018
Represented a Russian company in an LCIA arbitration regarding a share purchase agreement.

Technical Due Diligence

EnoviQ Technologies | Oct 2022
Context: Technical Vetting
Technologies: Saas, AI/ML, Insurance
CompTIA | Sept 2022
Context: Startup M&A
Technologies: SaaS, B2B/B2C, E-Learning Platform
Hello Hive (Hive Diversity) | Sept 2022
Context: Technical Vetting
Technologies: Online Recruiting, SaaS, CRM
Foundation Partners Group | Sept–Oct 2022
Context: Startup M&A
Technologies: E-commerce, CRM
Tenex Capital Management | Mar 2022
Context: Startup M&A
Technologies: B2B2C, Employee Wellness