International Disputes & Asset Recovery involving Russian & CIS Parties

Registration, Refreshments and Networking

Opening Remarks from the Chair of Day 1

Vassily Rudomino
Senior Partner
Alrud (Russia)

A Year in Review
Sanctions, Brexit et al.: Choices and Competition for Forum and Law Shopping for Russian & CIS International Legal Disputes

Moderator

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

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

Roman Zykov
Secretary General
Russian Arbitration Association (Russia)

• How does the arbitration landscape evolve in light of continued sanctions against the Russian Federation? Revisiting the issue of neutrality of arbitral institutions
• The scope of arbitration rules and the scope of institutional services
• Brexit and pound devaluation: Is the future still bright for London?
• Commercial disputes arising out of a contract with a Russian party affected by sanctions: arbitrability of such disputes and procedural aspects

Investor Claims involving Russian & CIS Corporate Entities and States

Moderator

Markus Perkams
European Counsel – Dispute Resolution
Skadden (Germany)

Sargis Grigoryan
Partner
GPartners (Armenia)

Maxim Kulkov
Managing Partner
KK&P | Trial Lawyers (Russia)

Maria Kostytska
Partner
Winston & Strawn LLP (France)

• The scope of arbitrable disputes in the relevant Bilateral Investment Treaty or other international instruments
• Arbitrability of disputes in connection with making foreign investments in Russia or Russian investments abroad
• Tackling the issues of jurisdiction under the CIS BITs: preconditions to arbitration and consent of states; waiver of local remedies and limitation periods
• The Crimea-related investment claims against Russia. The applicability of Russia-Ukraine BIT treaty
• Challenges and enforcement

Refreshments and Networking

Arbitrability of Corporate Disputes in Relation to International Commercial Arbitrations

Moderator

Vladimir Khvalei
Partner
Head of CIS Dispute Resolution Practice Group
Baker McKenzie (Russia)

Andrey Gribanov
Associate Professor of Private International Law
Russian Foreign Trade Academy / Attorney-at-law (Russia)

Alexander Muranov
Co-Managing Partner
Muranov, Chernyakov & Partners (Russia)

• The latest legal tools to ensure protection of parties’ rights
• The role of courts in providing assistance to arbitration
• Corporate disputes regarding ownership of shareholdings and securities registration
• Arbitrating large scale corporate disputes
• The extension of “civil law relationship disputes” definition covered by international commercial arbitration
• Foreign-related disputes between parties having their places of business in one country
• Natural persons as parties of commercial arbitration disputes
• Disputes concerning registration in state or other legal registers

Lunch and Networking

Cross-border Restructuring and Insolvency Disputes

Vassily Rudomino
Senior Partner
Alrud (Russia)

Yuri Makhonin
Head of Moscow Dispute Resolution
Dechert (Russia)

Alexei Panich
Partner
Herbert Smith Freehills (Russia)

Rick Antonoff
Partner
Blank Rome (USA)

Drew Holiner
Barrister
Monckton Chambers (UK)

• Legal action against the bankrupt or liquidated company
• The most notable recent legal changes including recent amendments to the Federal Law No 127-FZ ‘On Insolvency (Bankruptcy)’ in Russia
• The thorny issue of secondary liability of controlling persons within bankruptcy proceedings: civil, administrative and criminal liability
• Insolvency litigation involving Russian and CIS parties
• Using English law schemes of arrangement in cross-border debt restructurings by businesses located in Russia and its neighbouring countries
• Enforceability of foreign insolvency proceedings

Initial Coin Offerings (ICO) from the Russian Criminal Law Perspective. Risks of Start-Ups. Investor Protection Mechanisms

Moderator

Oren Warshavsky
Partner
BakerHostetler (USA)

Alexandr Zabeyda
Managing Partner
Zabeyda & Partners (Russia)

Matthias Gstoehl
Partner
LALIVE (Switzerland)

• A brief introduction to cryptocurrency, ICOs and Initial Token Offerings (ITOs)
• Investor protection mechanisms
• How to qualify crimes related to the embezzlement of cryptocurrency
• The view of law enforcement agencies on operations with cryptocurrency: the risks of businesses using cryptocurrency and of start-ups conducting ICOs
• Consideration of rules and regulations for asset tracing and recovery
• Evidentiary and other issues related to cryptocurrency crimes
• Enforceability of foreign insolvency proceedings

Refreshments and Networking

Recognition and Enforceability: Challenges with Converting Judgements and Awards into Actual Recovery under the Law in Different Jurisdictions

Morderator

Anna Grishchenkova
Partner, KIAP
Attorneys at Law (Russia)

Bill Spiegelberger
Director, International Practice Department
RUSAL Global Marketing B.V. (Russia)

Sergey Usoskin
Attorney
Double Bridge Law (Russia)

Dmytro Marchukov
Partner
Avellum (Ukraine)

Jef Klazen
Partner
Kobre & Kim (USA)

• An update on enforcement rates by origin of award and by average size
• Enforceability of foreign court judgements and foreign arbitral awards in Russia and CIS
• Enforceability of Russian and CIS awards and judgements in offshore jurisdictions
• Procedural delays and transfer of assets to third parties: What issues should a party seeking enforcement need to be aware of?
• Challenges with obtaining and coordinating injunctions immediately and concurrently in several jurisdictions
• Interim measures available in Russia and CIS in support of claims of different jurisdiction parties

DEBATE: Co-operation of Lawyers from Different Jurisdictions on Cross-border Cases

Moderator

Maxim Kulkov
Managing Partner
KK&P | Trial Lawyers (Russia)

Mark Forte
Partner
Conyers Dill & Pearman (BVI)

Maria Kostytska
Partner
Winston & Strawn LLP (France)

Tatiana Markel
Partner
BakerHostetler (USA)

This year following a big interest from the audience, we have put together a new, exclusive session, where lawyers representing large and boutique firms from various jurisdictions (both on- and offshore) will share their insights and experiences from cross-border cases they have been involved in

• Structuring relations between the client and different lawyers teams (direct contract, sub-hiring, agency, referrals, etc)
• Distribution of liability towards the client
• Maintaining a network of ‘best friends’, ‘preferred firms’, etc.
• Membership in associations of law firms
• Other sources to find the right firm in a foreign jurisdiction
• Management of a Russia/CIS-specific case

Networking Drinks

Registration & Networking

Opening Remarks from the Chair of Day 2

Jonathan Bellamy
Barrister
39 Essex Chambers

Costs in International Arbitration and Litigation: Top Tips for Managing “Claimant-Lawyer-Funder” Tri-Partite Relationship

Moderator

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

Eva Kalnina
Counsel
Lévy Kaufmann-Kohler (Switzerland)

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

Ian Meredith
Partner
K&L Gates (UK)

• What options exist to mitigate the Claimant’s cost risks: litigation funding; contingency fees; insurance
• What type of cases are appropriate for third party funding and under what conditions?
• Key risks counsel and their lawyers should consider when preparing a case for submission to a third party funder
• The nuts and bolts of negotiating a funding agreement and any related contracts
• By what means can investors participate in the process and to what extent?
• What differences exist between Claimant and Defendant/Respondent funding?
• What additional procedural matters should counsels consider?
• Information disclosure to the Funder – are privileges or confidentiality likely to be an issue?
• Disclosure of the existence/identity of funding, and related stock exchange disclosure
• Jurisdiction matters
• Attitude of arbitrators/judges towards funded Claimants, including conflict of interest questions

Putin’s Banker and Busting Trusts

Michael Roberts
Partner
Hogan Lovells (UK)

• Latest update on the high profile DIA v Sergei Pugachev (aka “Putin’s Banker”) litigation.
• Overview of “trust-busting” judgment from October.
• Implications for asset-tracing and off-shore asset protection.

Refreshments & Networking

DO’s and DON’T’s of Managing a Cross-Border Investigation, Asset Tracing and Recovery Process involving a Russia or a CIS Element

Moderator

Alessandro Volcic
Managing Director Russia & CIS
Kroll (Russia)

Andrey Zelenin
Managing Partner
Lidings (Russia)

Donald Manasse
Founding Partner and Principal
Donald Manasse Law Offices (Monaco)

James Potts
Barrister
39 Essex Chambers (UK)

• Global trends in corporate criminal liability: Will Russia follow suit?
• Confidentiality, privilege and disclosure of communications
• Collecting, protecting and transferring data and how this affects investigative work
• Hurdles related to precluding of actual payment, debt collection and asset alienation in the course of pre- and incourt dispute resolution
• Assessing the usefulness of asset tracing reports for securing future enforcement
• Managing civil and criminal proceedings in two or more jurisdictions
• Cruise around offshores preferred by the Russian and CIS parties. The latest cases coming before the offshore courts
• Disclosure orders
• Applying for interim measures to secure enforcement
• Accessing bank account data
• What court applications need to be made and how quickly can you get an injunction

Resolving Shareholder Disputes involving Russian and CIS Parties

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

Manuel Liatowitsch
Partner
Schellenberg Wittmer (Switzerland)

Simon Thomas
Partner
Baker & Partners (Jersey)

Jeremy Garson
Partner – Dispute Resolution
Herbert Smith Freehills (UK)

• What problems do foreign shareholders face in the field of corporate governance?
• What measures could help to prevent violation of corporate rights and to protect corporate rights in the courts?
• Advantages of shareholder litigation in offshore jurisdictions
• Benefits of combining offshore and onshore dispute resolution strategies
• The latest remedies available for shareholders seeking relief: unfair prejudice
• Shareholder oppression lawsuits and available remedies
• Interplay between statutory rights and contractual rights of shareholders

Lunch and Networking

Extradition and Law Enforcement Cooperation with Russia and CIS Jurisdictions

Edward Grange
Partner
Corker Binning (UK)

• Legal framework and current extradition arrangements between Europe and other jurisdictions
• Formal extradition treaties and informal repatriations
• Recent developments in extradition cases involving the UK and Russia and UK and other CIS Jurisdictions
• Extradition requests and human rights
• Can Assurances be trusted?

High Stake Energy Battles arising out of Russia and CIS

Moderator

James Hope
Partner
Vinge (Sweden)

Yaroslav Petrov
Partner
Asters (Ukraine)

Polina Permyakova
Counsel
Delphi (Sweden)

Aadne Martin Haga
Partner
Wikborg Rein Advokatfirma AS (Norway)

• The Ukrainian anti-trust case against Gazprom
• Long-term Russian gas supply contracts and potential impact on competition law
• Arbitration proceedings against the Russian energy companies
• Energy disputes in the wider context of major global industry changes

Conference Adjourns