DISPUTE RESOLUTION

INVOLVING CIS PARTIES

A comprehensive Conference for the in-house lawyers and managers of the Russian and CIS companies as well as foreign companies doing business with Russian/CIS counterparties or considering doing such business.

Moscow, Hotel Metropole

Tuesday, 24 October – Wednesday, 25 October 2000

PLUS

TWO PRACTICAL INTERACTIVE ONE-DAY SEMINARS FOR PRACTICING LAWYERS AND EXECUTIVES

Arbitrating International Oil & Gas Disputes Involving CIS Parties

The Panel of International Experts Include:

William H. Knull, III, Partner, Mayer, Brown & Platt (Houston)

Terri Truitt Griffiths, Partner, Mayer, Brown & Platt (Houston)

Levon L. Grigorian, Associate, Mayer, Brown & Platt (Houston)

Dr. Richard F. Strickland, President, Cawley, Gillespie & Associates (Fort Worth, USA)

R. Dean Graves, Partner, Arthur Andersen (Houston)

Dr. John D. Grace, President, Earth Sciences Associates (Long Beach, USA)

Monday, 23 October 2000

Hotel …., Moscow

See the Separate Brochure Included

How to Conduct and Prepare for an Arbitration Outside Russia

Allen & Overy (London – Moscow)

Seminar Leader: Stephen Jagusch, Senior Associate, Allen & Overy (London)

Thursday, 26 October 2000

Hotel …., Moscow

See the Programme Inside

WITH IMPORTANT CONTRIBUTIONS FROM:

International Commercial Arbitration Court of the Chamber of Commerce and Industry of Russian Federation

Supreme Arbitration Court of Russian Federation

International Court of Arbitration, ICC (Paris)

Arbitration Institute of the Stockholm Chamber of Commerce

London Court of International Arbitration

International Council of Commercial Arbitration

Kamaz

Herbert Smith

Denton Wilde Sapte

Clifford Chance Puender

Mannheimer Swartling

Lovells

LeBoeuf, Lamb, Greene & MacRae

Freshfields

Clyde & Co

Coudert Brothers

FBK Auditing Consulting

Law Firm Aequitas

Baker & McKenzie

Russian-Ukrainian Legal Group P.A.

Mayer, Brown & Platt

Norton Rose

Russian Foundation for Legal Reform

Arbitration Court of the Chamber of Commerce & Industry of Kazakhstan

Bailiff Service of Russian Federation

DAY ONE
8:30 /

Registration & Coffee

9:00 /

Chairman’s Opening Remarks

Dr. Julian Lew, Partner, Herbert Smith (London)
MAKING THE BEST CHOICE IN ARBITRATION AND LITIGATION OPTIONS
9:15 / Arbitration and Litigation in Russia: A Comparative Overview of the Advantages and Disadvantages of Various Options for Dispute Resolution (National Arbitrazh Courts, International Commercial Arbitration Court of the Chamber of Commerce and Industry of Russian Federation, International Arbitration Court of the Moscow Chamber of Commerce)
Evgeni Gorchakov, Lawyer, Denton Wilde Sapte (Moscow)
Choice of forum
Procedure
Costs
Enforcement
Timing
9:45 / Overview of Recent Practice in the International Commercial Arbitration Court of the Chamber of Commerce and Industry

Prof. Alexander Komarov, Chairman, International Commercial Arbitration Court of the Chamber of Commerce and Industry of Russian Federation (Moscow)

10:15

Case Study

/ A Case of Arbitration in the International Commercial Arbitration Court of the Chamber of Commerce and Industry
Ivan Marisin, Partner, Clifford Chance Puender (Moscow)
10:45 /

Overview of Arbitration Practice in Russian Regions

Prof. Tatiana Neshatayeva, Judge; Head of International Private Law Department, Supreme Arbitration Court of Russian Federation (Moscow)
11:15 / Refreshments Break

PANEL SESSION OF THE REPRESENTATIVES OF THE MAJOR ARBITRATION CENTRES FOR DISPUTES INVOLVING CIS PARTIES, OUTSIDE CIS

11:35

/

Review of Arbitration Institutions Outside CIS

Anne Marie Whitesell, Deputy Secretary General, International Court of Arbitration, ICC (Paris)
Kai Hober, Partner, Mannheimer Swartling; Board Member, Arbitration Institute of the Stockholm Chamber of Commerce (Stockholm)
Adrian Winstanley, Registrar, London Court of International Arbitration (London)
Choice of Arbitrators
How to limit costs
Selecting a place of arbitration
Challenging jurisdiction
Interim relief
Q & A
13:00 /

Luncheon

14:15
Case Study
/ Dispute Resolution in the Arbitration Institute of the Stockholm Chamber of Commerce
Ulf Franke, Vice President, Stockholm Chamber of Commerce, General Secretary of the Arbitration Institute of the Stockholm Chamber of Commerce, General Secretary, International Council of Commercial Arbitration (Stockholm)
14:40

Case Study

/ Dispute Resolution in the London Court of International Arbitration
Victor Kondratiev, Chief Counsel, AO Kamaz (Naberezhnye Chelny)
15:05

Case Study

/ Dispute Resolution in the International Court of Arbitration of the ICC
Anne Marie Whitesell, Deputy Secretary General, International Court of Arbitration, ICC (Paris)

15:30

/ How to Choose the Right Arbitration Option for Your Contract: Overview of the Advantages and Disadvantages of Various Arbitration Options Outside Russia/CIS (Stockholm, London, Paris, Singapore)
Daniel Gogek, Partner, Lovells (Moscow)
Should one go to Arbitration?
  • When to go to Arbitration
  • How to go to Arbitration
  • How can one enforce a decision?
  • Where can one enforce the decision?
  • How many arbitrators to choose
  • How to select the arbitrators
  • How long will it take?

16:00 /

Refreshments Break

16:20 / Specialised Arbitrations in Russia: When Should One Use Them
Brian Zimbler, Partner, LeBoeuf, Lamb, Greene & MacRae (Moscow)
  • Review of key arbitration panels: Association of Russian Banks, NAUFOR, MICEX.
  • Legal basis for specialized panels and ad hoc arbitration
  • Different arbitration rules and procedures
  • Choice of arbitrators
  • Differences in approach and strategy needed for specialized arbitration panels

16:45 / Alternative Dispute Resolution in Russia
Elena Vinogradova, PhD, Deputy Chairperson, Russian Foundation for Legal Reform (Moscow)
  • Current legislation and practice
  • Prospects for further development

17:15 / Arbitrating Disputes Beyond an Arbitration Clause (Arbitrating Russia and CIS Disputes Using Bi-Lateral Investment Treaties)
Nigel Blackaby, Senior Associate, Freshfields (Paris)
Constantine Partasides, Senior Associate, Freshfields (Paris)
Legal and political tools
How to check relevant Treaties
Nature of investments protected
Structuring your investment to attract protection
Which arbitration regime to use for investment disputes
17:45 / Drafting an Arbitration Clause – Key Considerations
Trevor Barton, Partner, Clyde & Co (London)
  • The cornerstones – clarity and certainty
  • The range of disputes to be covered by the clause
  • Establishing the procedure and rules: timescale, initiation of proceedings, numbers of arbitrators, venue, language, documents and evidence, costs
  • Model clauses of the carious Chambers, Institutes
  • Governing law provisions

18:15 /

Chairman Closing Remarks

Dr. Julian Lew, Partner, Herbert Smith (London)

DAY TWO

8:30 /

Morning Refreshments

9:00 /

Chairman’s Opening Remarks

STRATEGY AND TACTICS OF RESOLVING VARIOUS TYPES OF DISPUTES
9:15 /
Russian Bankruptcy Law in Practice
Prof. Vasilii Vitryanski, Deputy Chairman, Supreme Arbitration Court of Russian Federation (Moscow)
Olga Anissimova, Head of Litigation and Arbitration group, Coudert Brothers (Moscow)
  • General overview of bankruptcy proceedings: supervision; external management; receivership; amicable settlement
  • Protection of investor’s rights during bankruptcy:
(a)Filing a hard currency creditor claim:
-maturity, acceleration and "current" debts;
-exchange rates for hard currency creditor claims;
-creditors' right to contest in court rejection of their claims;
-filing a claim in bankruptcy v. continuing existing litigation outside bankruptcy;
-monetary claims v. other types of claims;
-whether to file a claim in anticipation of an amicable settlement.
(b)Set-off or compensation during bankruptcy proceedings. Consequences of unlawful transactions
(c)Amicable settlement agreements:
-parties to the amicable settlement agreement;
-conditions precedent;
-voting procedures;
-objections to an amicable settlement
10:00 /

Strategy and Tactics for Successful Tax Litigation

Sergey Pepelyaev, Director, Tax and Legal Department, FBK Auditing Consulting (Moscow)
  • Resolution of disputes with the tax inspectorates
  • Tax planning using court procedures
  • Reimbursement of losses caused by the unlawful actions of tax inspectors

10:30 / Resolution of Trade Disputes (Sales-Purchase Agreements)
Alexey Barnashov, Associate, Coudert Brothers (Moscow)
  • Form of a sales contract
  • Substance of a sales contract
  • Applicable law: domestic v. international
  • Sales dispute resolution: courts v. arbitration
  • Enforcement

11:00 /

Coffee Break

FOREIGN LEGISLATION OF PARTICULAR IMPORTANCE IN THE CIS
11:20 / US Laws Outside the USA
Bruce Bean, Partner, Foreign Direct Investment, Clifford Chance Puender (Moscow)
  • Foreign Corrupt Practices Act (FCPA)
  • “Sanctions” – Cuba, Iraq, and many others
  • Extra-territoriality and the US Congress

11:50 / EU Anti-Dumping Investigations: Issues For CIS/Russian ExportersCraig Pouncey, Partner, Herbert Smith (Brussels)
  • What is anti-dumping?
  • Dealing with an investigation
  • Relevance of non-market economy status
  • Minimizing the impact upon your company
  • Dealing with the commission in Brussels

12:20 / A CIS Company as a Party to Proceedings in a Foreign Court: How to Respond
Simon Bushell, Litigation Partner, Herbert Smith (London)

Choice of Forum

Challenging Forum
When disaster strikes and foreign courts can help

Some features of English and US litigation procedures

12:50 /

Luncheon

DISPUTE RESOLUTION AND ENFORCEMENT OF JUDGEMENTS AND ARBITRAL AWARDS IN OTHER CIS COUNTRIES
14:00 / Practice of Enforcement of Judicial Decisions and Arbitral Awards in Kazakhstan
Prof. Yuri Bassin, Deputy Chairman, Arbitration Court of the Chamber of Commerce & Industry of Kazakhstan; Partner, Law Firm Aequitas (Almaty)
  • Recent legislative changes
  • New procedure for resolving civil and commercial disputes
  • Contradictions in interpretation of new enforcement procedures
  • Rules and practice for enforcement of arbitral awards

14:30 / Dispute Resolution and Enforcement of Judgements and Arbitral Awards in Azerbaijan
Daniel Matthews, Partner, Baker & McKenzie (Baku)
  • Litigation in Azerbaijan
  • Arbitration of commercial disputes
- in Azerbaijan
- abroad
  • Enforcement of arbitral awards in Azerbaijan
  • Enforcement of foreign judgements in Azerbaijan

15:00 /

Overview Of Commercial Dispute Resolution In Ukraine

Irina Paliashvili, President, Russian-Ukrainian Legal Group P.A. (Washington-Kiev-Moscow)
  • Options for the resolution of commercial disputes in Ukraine:
- Local courts
- Foreign courts
- International arbitration
- Quasi-judicial mechanisms (mediation, Chamber of Independent Experts under the President of Ukraine)
  • New enforcement legislation
  • Case study on the resolution of the particular commercial dispute in Ukrainian arbitrage courts

15:30 / Practical Lessons from Arbitrating Claims from Foreign Investments in Hydrocarbon Projects: Turkmenistan
William Knull, III, Partner, Mayer, Brown & Platt (Houston)
  • Conducting business to minimize disputes while ensuring preparedness
  • Critical choices in arbitration clauses: anticipating potential disputes
  • Disputes with government bodies
  • Evidentiary considerations

16:00 /

Coffee Break

ENFORCEMENT OF JUDGEMENTS AND ARBITRAL AWARDS IN RUSSIA AND ABROAD
16:20 / Enforcement of Russian Court/ Arbitrazh and Arbitration Court Orders Abroad
Juliet Blanch, Partner, Litigation Department, Head of International Arbitration Group, Norton Rose (London); Editor “Norton Rose Dispute Resolution”
  • General principles of enforcement
  • New York Convention
  • England
  • USA
  • France
  • Central Europe
  • Singapore

16:50 /

Enforcement of Foreign Arbitral Awards in Russia

Kai Hober, Partner, Mannheimer Swartling, Arbitration Institute of the Stockholm Chamber of Commerce (Stockholm)
17:20 / Enforcement of Russian Court/ Arbitrazh and Arbitration Court Orders in Russia
Elena Kovaleva, Head of the Department of Enforcement of Arbitration Court Decisions, Bailiff Service of Russian Federation (Moscow)
17:50 /

Chairman’s Closing Remarks

PRACTICAL SEMINAR

26 October

/ ONE-DAY SEMINAR
How to Conduct and Prepare for an Arbitration Outside Russia
Allen & Overy (London – Moscow)
Seminar Leader: Stephen Jagush, Senior Associate, Allen & Overy (London)
9:00 / Registration & Coffee
9:30 / Chairman’s Opening Remarks
9:40 / Introduction
  • The importance of knowing how to conduct and prepare arbitration outside Russia
  • Increasing popularity
  • Foreign investment
  • Flexibility
  • Enforcement of awards
  • Other forms of dispute resolution
  • The advantages of international arbitration

10:40 /

Refreshments Break

11:00 /

Agreeing to International Arbitration

  • Arbitration agreements
  • Submissions to arbitrate

Arbitration Procedure Outside Russia

  • The importance of venue selection
  • Lex arbitri: the governing procedural law

Practical considerations

12:30 /
Luncheon
13:45 /

Procedure: The Mechanics Of Arbitration Outside Russia

  • Constituting an arbitral tribunal
  • Challenges to arbitrators
  • Interim measure of relief
  • Bifurcation of issues
  • Pleading
  • Production of evidence
  • Challenging evidence

15:30 /

Refreshments Break

15:50 /

Conducting Arbitration Hearings Outside Russia

17:00 / Chairman’s Closing Remarks
17:10 / End of Seminar

For the last page:

Price £899 – conference

£499 seminars (each)

Cut-off date 9 October 2000

WHO SHOULD ATTEND:

In-house lawyers

Heads of legal departments

Executives responsible for new business development

Private practitioners

Codes:

Conference: 369L01-MOS

Seminar: 370L01-MOS

Please leave a space for a 100 words text on the last page, similar to the one that I am faxing to you.

For the Sponsorship box on the last page please add the name of Dean Guest +44 (0)20-7878-6989

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