Pre-Conference Workshop

Funding Cross-Border Cases

Jan 27, 2020 1:30pm – 4:30pm

Day 1 - Tuesday, January 28, 2020

8:15
Registration, Refreshments and Networking
9:00
Opening Remarks from the Chair
9:10
Obtaining and Handling Evidence for Use in Cross-Border Investigations and Legal Proceedings
10:00
Legal Contamination: How Legal Principles Change When They Travel Abroad
10:45
Refreshments and Networking
11:15
The Thorny Issue of Jurisdiction: Recent Defining Cases for FSU Disputes
12:00
Disputes Arising Out of Corporate & Asset Holding Structures and Beneficial Ownership in the Offshore Context
12:45
Lunch and Networking
1:45
Asset Recovery Challenges Arising from Sanctions Enforcement
2:45
Contentious Trusts and Private Client Disputes in the post-Pugachev Era
3:45
Refreshments and Networking
4:15
Choice of Forum, Judicial Cooperation and Enforcement of Judgments postBrexit
5:30
Chair’s Closing Remarks

Day 2 - Wednesday, January 29, 2020

Defending the Indefensible: 5 Practical Skills to Protect your Clients Before, During and After the CIS Raid

Jan 29, 2020 7:45am – 9:15am

Speakers

Andrew Smith
Partner
Corker Binning (UK)

Andrew Wordsworth
Partner
Raedas (UK)

9:00
Refreshments and Networking
9:20
Opening Remarks from the Chair
9:30
High Stake Investor Claims involving FSU Corporate Entities and States
10:30
Expert Witness Participation in Civil and Criminal Proceedings
11:00
Refreshments and Networking
11:30
Director and Shareholder Disputes and Corporate Conflicts
12:30
Resolving Cross-border Restructuring and Bankruptcy Disputes Involving an FSU Element
1:30
Lunch and Networking
2:30
Beyond Commercial Arbitration and Litigation: Maritime, Commodities, Sports and IP Disputes
3:30
NEW! How to Find the Right Partner on an FSU-related Case?
4:15
Conference Ends

Day 1 - Tuesday, January 28, 2020

8:15
Registration, Refreshments and Networking
9:00
Opening Remarks from the Chair
9:10
Obtaining and Handling Evidence for Use in Cross-Border Investigations and Legal Proceedings

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

Annabel Thomas
Partner
Mishcon de Reya LLP (UK)

  • Admissibility of evidence obtained by questionable means
  • Sources of potential civil and criminal liability
  • Handling state/trade secrets and data privacy
  • Ethical dilemmas? How can lawyers ensure that they are meeting professional obligations and mitigating the risks?
  • How does the position in England and Wales compare with other jurisdictions
  • Is litigation privilege likely to get eroded further?

10:00
Legal Contamination: How Legal Principles Change When They Travel Abroad

Nicola Boulton
Partner
Byrne and Partners (UK)

Evgeny Raschevsky
Partner, Head of International Arbitration and Litigation Practice
Egorov Puginsky Afanasiev & Partners (Russia)

  • The legal application of Article 1064 of the Civil Code of the Russian Federation, in Russia
  • How Article 1064 has been applied in the English Courts
  • What policy dynamics drive Court interpretation of foreign law

10:45
Refreshments and Networking
11:15
The Thorny Issue of Jurisdiction: Recent Defining Cases for FSU Disputes

Jason Woodland
Partner, Commercial Litigation, Civil Fraud and Asset Tracing
Peters & Peters (UK)

Olga Bischof
Partner
Brown Rudnick (UK)

  • The “new” test for jurisdiction identified in – Kaefer Aislamientos SA de CV v AMS Drilling Mexico SA de CV and others [2019] EWCA Civ 10
  • Application of that test in Tugushev v Orlov and subsequent cases
  • The jurisdiction issues in Privatbank, especially the argument about anchor defendants being used as an abuse of Article 6 of the Lugano convention
  • Other jurisdiction issues in Tugushev (e.g. where a conspiracy takes place for the purposes of establishing jurisdiction)

12:00
Disputes Arising Out of Corporate & Asset Holding Structures and Beneficial Ownership in the Offshore Context

  • Getting around secrecy: Norwich Pharmacal progeny: The Unknown Wealth Order
  • Beneficial ownership requirements and forcing disclosure: An update from Russia

12:45
Lunch and Networking
1:45
Asset Recovery Challenges Arising from Sanctions Enforcement

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

Maya Lester QC
Barrister
Brick Court Chambers (UK)

  • New remedies for settling disputes between sanctioned Russian persons and their foreign counterparties
  • Judicial review of court decisions and arbitral awards in relation to sanctions against Russia
  • Protecting yourself and your clients against possible rise of civil damages claims, regulatory consequences and criminal penalties
  • Potential damages claims arising out of sanctions regimes against Russia
  • Resolving disputes around validity of corporate actions under sanctions regimes

2:45
Contentious Trusts and Private Client Disputes in the post-Pugachev Era

Dmitry Pentsov
Attorney at Law, Partner
FRORIEP (Switzerland)

Michael Roberts
Partner
Hogan Lovells (UK)

As the popularity of trusts as asset structuring device for wealthy individuals from Russia and other republics of the former USSR continues to grow, so does the number of trust-related disputes involving the parties from these jurisdictions

  • Contentious trusts: litigate or arbitrate?
  • Dealing with fraud cases in the context trusts structures
  • Enforcement of awards and court decisions against trust assets

3:45
Refreshments and Networking
4:15
Choice of Forum, Judicial Cooperation and Enforcement of Judgments postBrexit

Oliver Marsden
Partner – Disputes, Litigation and Arbitration
Freshfields Bruckhaus Deringer (UK)

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

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

Ziva Filipic
Managing Counsel
Secretariat of ICC (France)

  • The impact of Brexit on English court litigation:
  • The impact of Brexit on English law: should parties be rethinking their choice of law for international commercial contracts?
  • The impact of Brexit on arbitration (and navigating Russia’s Federal Law on Arbitration)
  • Europe’s new English-language international commercial courts: a credible alternative to the English courts / arbitration?

5:30
Chair’s Closing Remarks

Day 2 - Wednesday, January 29, 2020

9:00
Refreshments and Networking
9:20
Opening Remarks from the Chair
9:30
High Stake Investor Claims involving FSU Corporate Entities and States

Jennifer Younan
Partner
Shearman & Sterling LLP (France)

Tatiana Minaeva
Partner
RPC (UK)

  • An update on the Crimea-related claims against Russia
  • The scope of arbitrable disputes in the relevant Bilateral Investment Treaty or other international instruments
  • The effectiveness of investment treaty arbitration for protecting the interests of investors and tackling the issues of jurisdiction of the arbitral tribunal?
  • Spotlight on cross-border energy disputes

10:30
Expert Witness Participation in Civil and Criminal Proceedings
11:00
Refreshments and Networking
11:30
Director and Shareholder Disputes and Corporate Conflicts

Sergey Usoskin
Partner
Double Bridge Law (Russia)

Sergey Petrachkov
Partner
ALRUD Law Firm (Russia)

  • The never-ending saga of arbitrability of large scale corporate disputes in relation to international commercial arbitrations
  • Disputes between the key stakeholders (ownership & registration of shares, partnership & shareholder agreements, breach of duties)

12:30
Resolving Cross-border Restructuring and Bankruptcy Disputes Involving an FSU Element

Stepan Guzey
Partner, Dispute Resolution
Lidings (Russia)

  • Recognition and enforcement of Russian & other FSU bankruptcy judgements abroad
  • Recognition of foreign bankruptcy judgements in Russia and other FSU countries and the relationship between bankruptcy proceedings in one country and individual claims of creditors in another country where the debtor (or his assets) may be located
  • Asset recovery and bankruptcy

1:30
Lunch and Networking
2:30
Beyond Commercial Arbitration and Litigation: Maritime, Commodities, Sports and IP Disputes

Dmitry Davydenko
Arbitrator, Ex-Executive Secretary
Maritime Arbitration Commission at the Chamber of Commerce of Industry of Russia

Andrej Gribanov
Attorney-at-law, D. Jur. / Rechtsanwalt
Dr. iur. (Russia)

3:30
NEW! How to Find the Right Partner on an FSU-related Case?

This year following a direct and tangible interest from the audience, we have put together a new session, where leading practitioners from large and boutique firms will share their best practice on finding the right partner and maintaining a network of ‘best friends’ and ‘preferred firms’ to tackle litigation, enforcement and recovery efforts.

  • How the latest trends in the global market impact multi-party, multi-jurisdictional cases arising out of the region
  • What upsets lawyers most about when litigating, arbitrating, investigating, enforcing awards, court decisions and recovering assets
  • Sharing recent war stories on managing proceedings in two or more jurisdictions

4:15
Conference Ends

Funding Cross-Border Cases

Jan 27, 2020 1:30pm – 4:30pm

What is it about?

Through a variety of exercises and real-life scenarios, the leaders will provide you with thorough guidance on risks and benefits of third party funding.
  • What type of cases are appropriate for third party funding?
  • Getting your case ready. By what means can investors participate and to what extent?
  • The finer points of negotiating funding agreements.
  • Disclosure obligations and conflict of interests. Attitude of Judges towards funded claims
  • Security of costs
  • Regulation
  • Particular challenges for CIS cases

Defending the Indefensible: 5 Practical Skills to Protect your Clients Before, During and After the CIS Raid

Jan 29, 2020 7:45am – 9:15am

Andrew Smith
Partner
Corker Binning (UK)

Andrew Wordsworth
Partner
Raedas (UK)

What is it about?

Following the dissolution of the Soviet Union, corporate raids remain a honed method in doing business and an accepted mechanism for businesses empires to be created. In recent years, and particularly in Russia, mechanisms associated with business magnates are increasingly being adopted by organs of the State. In light of this new risk, how can your clients defend themselves? You will leave this Working Group with a set of critical questions to ask your client, as soon as they sense an attack – from “how guilty is my client” to “are they prepared for permanent exile”, and understand the 5 practical skills required to handle a CIS raid competently.
  • Should I stay or should I go now: should the client remain in the CIS or are they in danger of being either arrested or physically assaulted should they remain?
  • London calling: where is the best place for them to establish their new residency, taking into account either obtaining residency, protection from extradition and other factors?
  • I fought the law: dealing with Interpol extradition requests, and prosecution in absentia
  • Sandinista: the advantages and disadvantages of political opposition
  • Remote control: protecting the clients asset base either internationally or at home