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 ONE8:30 /
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)
10:15Case Study
/ A Case of Arbitration in the International Commercial Arbitration Court of the Chamber of Commerce and IndustryIvan 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
14:15Case Study
/ Dispute Resolution in the Arbitration Institute of the Stockholm Chamber of CommerceUlf 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 ArbitrationVictor Kondratiev, Chief Counsel, AO Kamaz (Naberezhnye Chelny)
15:05
Case Study
/ Dispute Resolution in the International Court of Arbitration of the ICCAnne 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 ThemBrian 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 DISPUTES9:15 /
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:
-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 CIS11:20 / 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 ForumWhen 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 COUNTRIES14:00 / 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
- 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:
- 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 ABROAD16:20 / 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 SEMINARHow 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 Remarks17:10 / 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
1