Day 1 - Tuesday, January 29, 2019

8:00
Registration, Refreshments and Networking
9:00
Opening Remarks from Conference Chair
9:15

HOT TOPIC

Russian Sanctions-Related Disputes
10:15

NEW FOR THIS YEAR

Protective Scope of Legal Privilege and Disclosure: Implications of the Recent Game Changing Case
10:45
Refreshments and Networking
11:15
Resolving Corporate and Shareholder Disputes involving Russian and/or CIS Parties
12:15
Impact of UK’s Unexplained Wealth Orders on Civil Asset Recovery involving Russian and CIS Parties
12:30
Networking Luncheon
1:30
The All-Seeing Eye – Transparency vs Privacy in Asset Holding Structures: Where are we Now?
2:45
Extradition and Law Enforcement Cooperation with Russia and Other FSU Jurisdictions
3:15
Refreshments and Networking
3:45
Large Investor Claims involving Russian & CIS Governments and State-Controlled Enterprises
5:00
Damages Claims in Disputes

Day 2 - Wednesday, January 30, 2019

8:30
Registration for Newly Arriving Attendees, Refreshments and Networking
9:00
Opening Remarks from Conference Chair of Day 2
9:15
Forum Shopping: New Choices and The Battle of Old Seats
10:30
Managing the Costs of Arbitration and Litigation. Third-Party Funding in Complex, Cross-Border Cases involving Russian and CIS Parties
11:15
Refreshments and Networking
11:45
Recognition & Enforcement of Foreign Arbitration Awards and Final Judgements in Russia and CIS
1:00
Networking Luncheon
2:00
US Disclosure Orders under S.1782 U.S.C. – A New Weapon in Russian-Relates Disputes?
3:00
Managing Asset Tracing and Recovery Process involving a Russia or a CIS Element
4:15
Conference Ends

Day 1 - Tuesday, January 29, 2019

8:00
Registration, Refreshments and Networking
9:00
Opening Remarks from Conference Chair

Noah Rubins
Head Global CIS/Russia Dispute Resolution Practice Group
Freshfields (France)

9:15

HOT TOPIC

Russian Sanctions-Related Disputes

Maya Lester QC
Barrister
Brick Court Chambers (UK)

Discussion Leader

Yuri Makhonin
Head of Moscow Dispute Resolution
Dechert (Russia)

  • Countering exterritoriality of US secondary sanctions. Protection against conflicts of law
  • Dealing with conflicting regulations when faced by contractual liabilities
  • EU blocking statutes and anti-boycott provisions in relation to Russia. Private law claims and damages opening to EU parties. Damages claims from third-parties
  • Mitigating risks of potential infringement of both sanctions laws and blocking measures
  • Existing frameworks and legal remedies related to contentious issued related to confiscation, asset freezing and frozen assets management
  • Challenging sanctions: Possible mechanisms and legal remedies

10:15

NEW FOR THIS YEAR

Protective Scope of Legal Privilege and Disclosure: Implications of the Recent Game Changing Case

Michael Roberts
Partner
Hogan Lovells (UK)

10:45
Refreshments and Networking
11:15
Resolving Corporate and Shareholder Disputes involving Russian and/or CIS Parties

Sergey Usoskin
Partner
Double Bridge Law (Russia)

Roman Khodykin
Partner
Bryan Cave Leighton Paisner (UK)

Discussion Leader

Anna Grishchenkova
Partner
KIAP Attorneys at Law (Russia)

  • Arbitrability of large scale corporate disputes in relation to international commercial arbitrations
  • The role of courts in providing assistance to arbitration
  • Corporate disputes regarding ownership of shareholdings and securities registration
  • Benefits of combining offshore and onshore dispute resolution strategies

12:15
Impact of UK’s Unexplained Wealth Orders on Civil Asset Recovery involving Russian and CIS Parties

Olga Bischof
Partner
Brown Rudnick (UK)

  • First experience with seeking UWOs in relation to any qualifying assets: Investigations, disclosure and obtaining civil orders to recover assets
  • Supporting “interim freezing orders” against suspicious assets
  • Enforceability and extraterritorial potential
  • Challenging UWOs
  • New risks to legal “professional enablers”

12:30
Networking Luncheon

1:30
The All-Seeing Eye – Transparency vs Privacy in Asset Holding Structures: Where are we Now?

Olga Bischof
Partner
Brown Rudnick (UK)

Stepan Guzey
Partner, Dispute Resolution
Lidings (Russia)

Discussion Leader

Richard Brown
Counsel
Harneys (UK)

Impact of UK’s Unexplained Wealth Orders on Civil Asset Recovery involving Russian and CIS Parties

  • First experience with seeking UWOs in relation to any qualifying assets: Investigations, disclosure and obtaining civil orders to recover assets

 
Tightening Beneficial Ownership Requirements and Forcing Disclosure in Russia. Tax Disputes
  • The concept of beneficial ownership in Russia: The change in interpretation; latest arbitration court practice on applying the Russian beneficial ownership rules

 
Corporate Structures and Beneficial Ownership in the Offshore Context
  • Current status of public beneficial ownership registers in offshore jurisdictions;
  • Ways around secrecy: Norwich Pharmacal orders, letters of request and ancillary disclosure
  • Mutual legal assistance requests offshore

2:45
Extradition and Law Enforcement Cooperation with Russia and Other FSU Jurisdictions

Edward Grange
Partner
Corker Binning (UK)

  • Overview of the legal framework, current extradition requests and arrangements between UK and Russia and UK and other CIS Jurisdictions
  • Status of negotiating extradition arrangements with the UK and EU member states
  • Formal extradition treaties and informal repatriations
  • Potential significances

3:15
Refreshments and Networking
3:45
Large Investor Claims involving Russian & CIS Governments and State-Controlled Enterprises

David Goldberg
Partner – London, Moscow
White and Case (UK)

Maria Kostytska
Partner
Winston & Strawn LLP

Iain Fergusson
Partner
FSU Law (UK)

Discussion Leader

Jeremy Wilson
Partner
Covington (UK)

  • The effectiveness of investment treaty arbitration for protecting the interests of investors and enhancing their chances of proving jurisdiction of the arbitral tribunal?
  • The scope of arbitrable disputes in the relevant BITs and other international instruments
  • Arbitrability of disputes in connection with making foreign investments in Russia or Russian investments abroad
  • Issues of jurisdiction under the CIS BITs

5:00
Damages Claims in Disputes

Noah Rubins
Head Global CIS/Russia Dispute Resolution Practice Group
Freshfields (France)

  • The impact of the breach on the future of a business: Russia/CIS specific uncertainties
  • Damages claims and defences from the first stage through to enforcement
  • Integrating damages issues into both merits and damages discovery

Day 2 - Wednesday, January 30, 2019

8:30
Registration for Newly Arriving Attendees, Refreshments and Networking
9:00
Opening Remarks from Conference Chair of Day 2

Dominic Pellew
Partner – Moscow, London
Dentons (UK)

9:15
Forum Shopping: New Choices and The Battle of Old Seats

Ziva Filipic
Managing Counsel Secretariat
International Court of Arbitration (France)

Natalia Petrik
Legal Counsel
Arbitration Institute of the Stockholm Chamber of Commerce (Sweden)

Dr. Alice Fremuth-Wolf
Secretary General
VIAC (Austria)

Andrey Panov
Councillor
The LCIA European Users’ Council (UK)

Discussion Leader

Artem Doudko
Partner, Head of Russia & CIS Disputes
Osborne Clarke (UK)

10:30
Managing the Costs of Arbitration and Litigation. Third-Party Funding in Complex, Cross-Border Cases involving Russian and CIS Parties

Harshiv Thakerar
Head of Commercial Litigation
Augusta Ventures Ltd (UK)

Jane Davies Evans
Barrister
3 Verulam Buildings (UK)

Discussion Leader

Ben Wells
Litigation and Dispute Resolution Associate
Pinsent Masons LLP (UK)

  • What procedural matters should be considered
  • Disclosure of the existence/identity of funding, and related stock exchange disclosure
  • Enforcing third-party funded awards
  • Jurisdictional considerations
  • Attitude of arbitrators/judges towards funded Claimants, including conflict of interest questions

11:15
Refreshments and Networking
11:45
Recognition & Enforcement of Foreign Arbitration Awards and Final Judgements in Russia and CIS

Roman Zykov
Secretary General
Russian Arbitration Association (Russia)

Dmitry Davydenko
Chief Expert Center of Arbitration and Mediation
Russian Chamber of Commerce and Industry (Russia)

Dmitry Pentsov
Attorney at Law, Partner
FRORIEP (Switzerland)

Yaroslav Petrov
Partner
Asters (Ukraine)

Sergey Petrachkov
Partner
ALRUD Law Firm (Russia)

  • Latest trends in the recognition, enforcement and execution of foreign court judgements and foreign arbitral awards
  • Reasons and obstacles for non-enforcement: What issues should a party seeking enforcement need to be aware of?
  • Recent cases

1:00
Networking Luncheon
2:00
US Disclosure Orders under S.1782 U.S.C. – A New Weapon in Russian-Relates Disputes?

Dominic Pellew
Partner – Moscow, London
Dentons (UK)

George Utlik
Lawyer
Kobre & Kim (USA)

Section 1782 U.S.C. allows parties to legal proceedings outside the US (including arbitration proceedings) to seek orders from US courts for discovery and/or deposition evidence from parties/witnesses located in the US, in support of that foreign proceeding. It is highly controversial because you can’t normally get discovery or depositions in arbitration, yet that doesn’t stop the US courts ordering it.

  • High profile recent examples of this being used in Russian-related arbitrations, specifically:
  • The Dreymoor Fertilisers High Court judgement on 21 August 2018
  • The Yukos case

3:00
Managing Asset Tracing and Recovery Process involving a Russia or a CIS Element

Mark Forte
Partner, Head of BVI Litigation & Restructuring and Office
Conyers Dill & Pearman (BVI)

Dmytro Marchukov
Partner
Integrites (Ukraine)

Alexandr Zabeyda
Managing Partner
Zabeyda & Partners (Russia)

Bettina Knoetzl
Partner
KNOETZL (Austria)

Dmitry Kletochkin
Partner
RKPLaw (Russia)

Wrap up this year’s event with this informal and interactive session sharing best practice and war stories they encounter during litigation, enforcement and recovery efforts involving a Russian or a CIS element

  • How the latest trends in the global market impact multi-party, multi-jurisdictional cases arising out of the region
  • What if a party in a litigation in London attempts to influence the outcome by initiating criminal proceedings in Russia?
  • How to manage civil and criminal proceedings in two or more jurisdictions?
  • International asset tracing and recovery in case of embezzlement of Russian state property
  • Offshores preferred by the Russian and CIS parties
  • How to find the right firm in a foreign jurisdiction?

4:15
Conference Ends