International Disputes & Asset Recovery involving Russian & CIS Parties

January 29 – 30, 2019

Agenda

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

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