Meeting Brochure - English
Meeting Brochure - Russian
Cross-Border Dispute Resolution:
The Perspective for Russia and the CIS
All events to be held at the Lotte Hotel, Moscow located at Novinskiy Bul 8, unless otherwise indicated.
7:30 AM Registration and Breakfast
8:30 AM Opening Remarks
Welcome:
Glenn P. Hendrix, Immediate Past Chair, American Bar Association Section of International Law, Arnall Golden Gregory LLP, Atlanta, Georgia USA
Introductions:
Andrew Sommers, President and Chief Executive Officer, American Chamber of Commerce in Russia, Moscow, Russia
Opening Remarks:
The Honorable Aleksander Vladimirovich Konovalov, Minister of Justice of the Russian Federation, Moscow, Russia (Invited)
Alexey Kostin, President, International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (MKAS), Moscow, Russia
The Honorable John Beyrle, U.S. Ambassador to the Russian Federation, Moscow, Russia
9:00 – 10:30 AM Judicial Assistance and Enforcement Proceedings in Cross-Border Litigation and Arbitration:
A Little Help, Please?
Proceedings that are ancillary to the main case are a mainstay of modern cross-border litigation and arbitration, as in the following situations:
- The claimant in a Russian lawsuit or arbitral proceeding is concerned that the defendant will dispose of its assets prior the conclusion of the case. Where those assets are located overseas, it will be necessary to petition a foreign court for interim relief, such as an attachment or garnishment of property or injunction.
- A successful claimant may need to have a final court judgment or international arbitral award recognized by a foreign court in order to recover against assets of the defendant located outside of Russia.
- A party may need evidence or information from a foreign country in order to prosecute or defend a case pending in Russia. This will often require the assistance of a foreign court.
Likewise, parties involved in litigation or arbitration proceedings outside Russia may require such assistance of a Russian court.
The panel will discuss judicial assistance and enforcement proceedings from both perspectives – Russian parties seeking such relief abroad and foreign parties seeking such relief in Russia.
Speakers:
Rupert D'Cruz, Littleton Chambers, London, England
D'Cruz Presentation
Dmitry Dyakin, Magisters, Moscow, Russia
Varvara Knutova, Pepeliaev Group, Moscow, Russia
Maxim Kulkov, Goltsblat BLP, Moscow, Russia
Charles D. Schmerler, Fulbright & Jaworski LLP, New York City, USA
Moderator & Program Chair:
Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, Georgia USA
Cross-Border Judisical Assistance and Enforcement Proceedings in American Courts
10:30 AM Networking Break
11:00AM – 12:30 PM Show Me the Money: Recovering Assets Abroad
"Winning" the case is great, but did you prepare upfront for the hard part -- actually collecting the money? While never easy against a recalcitrant debtor, recovery is especially difficult if the assets are tucked away offshore. The use of offshore vehicles and banks has long been common among businesses in Eastern Europe (and also serves as a means of mitigating tax and political risks), but with the advent of the financial crisis, an understanding of the pitfalls, challenges and techniques of cross-border asset recovery has become even more critical.
An experienced panel of international and domestic experts will cover some of the basics, as well as advanced lessons on piercing the corporate veil, pursuing beneficial owners of trusts and other offshore vehicles, and other tools in this area.
Speakers:
Andrew Durant, FTI Consulting, New York, NY USA
Durrant Presentation
John B. Quinn, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, California USA
Jeremy Scott, Withers Worldwide, Tortola, British Virgin Islands
Bryan Earl, US State Department, Washington, DC USA
Earl Presentation
Program Chair:
Ilya Nikiforov, Egorov, Puginsky, Afanasiev & Partners, St. Petersburg, Russia
12:30 PM Luncheon
1:45 PM – 3:15 PM “Terrorization of Business and Corporate Raiding
President Medvedev has called for an end to the “terrorization of business.” What does this mean? What is the government doing to protect businesses? How can businesses protect themselves against corporate raids? To what extent can international arbitration and litigation be used as remedies in cases of corporate raiding? Is U.S. civil RICO an option? How can businesses victimized by raids seek compensation through the Russian legal system?
This panel will address these and other questions related to the risks of conducting business in contemporary Russia. Panelists will include a Russian expert on corporate raiding, a representative of Russian law enforcement with experience in raiding cases, and lawyers with experience litigating issues related to raiding in international fora.
Speakers:
Gene Burd, Marks & Sokolov, LLC, Philadelphia, Pennsylvania USA
Kirill Kabanov, National Anti-Corruption Committee, Moscow, Russia
Ivan Marisin, Dechert LLC, Moscow, Russia
Nick Marsh, DLA Piper, London, United Kingdom
Pavel Sichev, Department of Especially Serious Economic Crimes Investigative Committee, Ministry of Internal Affairs, Moscow, Russia
Program Chair:
Thomas A. Firestone, Law Enforcement Section, Embassy of the United States, Moscow, Russia
3:15 PM Networking Break
3:45 PM – 5:00 PM Is a Bad Peace Better Than a Good Quarrel? The Do’s and Don’ts of Disputes Involving the Rissian State and State Entities
The bankruptcy of Yukos Oil exploded in a myriad of proceedings involving the Russian State and state-owned enterprises. The Energy Charter Treaty arbitration, the European Court of Human Rights proceedings, parallel arbitrations under bilateral investment treaties brought by the Spanish and UK investors in Yukos, and numerous commercial arbitrations and domestic litigations keep the story alive and the Russian government busy. Unparalleled in its magnitude, Yukos remains only an example in a growing pool of disputes where Russia itself or a Russian enterprise claims or defends its interests. A recent settlement of a $22.7 billion claim brought by Russia against BNY Mellon made headlines across the business world. GAZPROM, ROSNEFT, RUSAL and other major players increasingly resort to arbitration, often facing foreign governments and state entities as respondents. What are the pros and cons of arbitration and litigation from Russia’s perspective? Does a claim against Russia mean the end of the game for a foreign investor? Is arbitration the dispute settlement method of choice for major Russian companies investing abroad? This panel will discuss the critical challenges faced by Russia and Russian companies, on the one hand, and those opposing them in courts and tribunals, on the other, from filing a claim to procedural tactics by the sovereign, to counterclaims against foreign investors, and to executing an award or judgment against state assets.
Speakers:
Marya Baranova, Ministry of Economic Development of the Russian Federation, Moscow, Russia
Graham Coop, Energy Charter Secretariat, Brussels, Belgium
Marina Kaldina, Basic Element Company, Moscow, Russia
William R. Spiegelberger, Rusal Global Management, B.V., Moscow, Russia
Peter Wolrich, Curtis, Mallet-Prevost, Colt & Mosle LLP, Paris, France
Recognition and Enforcement Russia
Program Chair:
Yulia Andreeva, Debevoise & Plimpton LLP, New York, New York USA
5:00 PM – 6:00 PM Fresh Off the Press! An Open Mike Debate About Hot Topics in Litigation and Arbitration
What are the most pressing issues on today’s legal agenda? Which cases are making the headlines? Who is calling the tune for the tomorrow of legal practice? This panel will identify and discuss new developments in litigation and arbitration as they happen, today and now. It will engage the audience in an interactive debate about the most troubling and promising topics on our minds, from the signs of crisis in the legal profession to alternative dispute resolution. The debate will conclude with electronic voting that will put to test the most critical questions that will emerge in the course of the day. Don’t miss your chance to contribute, support, disagree, vote, and make a difference.
Moderators:
Vladimir Khvalei, Baker & McKenzie LLP, Moscow, Russia
Irina Paliashvili, RULG-Ukrainian Legal Group PA, Kiev, Ukraine and Washington, DC USA
Noah Rubins, Freshfields Bruckhaus Deringer LLP, Paris, France
6:00 PM Closing Remarks
Introduction:
Salli A. Swartz, Chair, American Bar Association Section of International Law, Phillips Giraud Naud & Swartz, Paris, France
Closing Remarks:
Stephen N. Zack, President, American Bar Association, Boies, Schiller & Flexner LLP, Miaimi, Florida USA
7:00 PM Spaso House Reception – Ticketed Event
*Bus transportation to No. 10 Spasopeskovskaya Square to be provided.
Spaso House has been the residence of American ambassadors in Moscow since the establishment of diplomatic relations between the United States and the former Soviet Union in 1933. The Spaso House stands one mile west of the Kremlin and not far from the Arbat, an ancient region of Moscow. It was completed in 1914 for Nikolay Aleksandrovich Vtorov, a wealthy merchant and manufacturer. The reception will be held in the main hall, which features a soaring domed ceiling and reputedly the largest house chandelier in Moscow, said to be the handiwork of the famous silversmith Mishakov. Russian writer Mikhail Bulgakov attended a party at the main hall in 1935, which inspired the scene of the Devil’s Ball in The Master and Margarita. The event promises to be a memorable opportunity to network with new friends and old.
