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English Law Week 2017:

The Law - A noble profession


or just business?
20 - 21 November 2017
The British Embassy, Moscow

#EnglishLawWeek
@thebarcouncil
@LSInternational
Partners of English Law Week 2017

2
Conference agenda, 20 November 2017
The British Embassy, Smolenskaya Naberezhnaya 10, 121099

09:00 – 10:10 Registration and refreshments


10:10 – 10:30 Opening of the conference
Dr Philip Douglas, First Secretary, British Embassy, Moscow
Joe Egan, President of the Law Society of England and Wales, London
Yury Pilipenko, President of the Russian Federal Chamber of Lawyers, Moscow
Andrew Langdon QC, Chair of the Bar Council of England and Wales, London
10:30 – 11:30 Session 1: Recent English judgments involving Russian and CIS
parties, including:
• Establishing jurisdiction in England against Russian defendants
- Bestolov v Povarenkin
• Developments in the Freezing Injunction Jurisdiction
- JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev
- OJSC BTA Bank v Khrapanov
• Recognition and enforcement of Russian court judgments in England
- Maximov v OJSC NLMK
- Open Joint Stock Co Alfa-Bank v Trefilov
- JSC VTB Bank v Skurikhin
Moderator:
Yulianna Vertinskaya, Director of the Legal Department, Russia and CIS, General
Electric, Renewable Power, Moscow
Speakers:
Nick Cherryman, Partner, King and Spalding, London
Alexander Halban, Barrister, 3 Hare Court, London
Kirill Trukhanov, Managing Partner, Trubor Law Firm, Moscow
11:30 – 12:00 Tea and Coffee Break

12:00 – 13:15 Session 2: Case study (of a claim in England involving Russian parties)
- Please see page 7
Session sponsored by
Moderator:
Rupert D’Cruz, Barrister, Littleton Chambers,
London
Speakers:
Natalia Belova, Head of Legal, Inchcape Russia, Moscow
George Z. Georgiou, Managing Partner, George Z. Georgiou & Associates, Cyprus
James Popperwell, Partner, Macfarlanes, London
Thomas Roe QC, Barrister, 3 Hare Court, London

13:15 – 14:15 Lunch 3


Conference agenda, 20 November 2017
The British Embassy, Smolenskaya Naberezhnaya 10, 121099

14:15 – 15:30 Session 3: Recovering assets through bankruptcy and liquidation


• Claims to recover assets of company/bankrupt estate under English law
• Focus on cross-border cases, involving Russian parties in particular:
jurisdiction of English courts, recognition of foreign insolvencies
• Assets search, investigations and other efforts in support of cross-border
bankruptcies
• Recent developments of Russian law on liquidation and bankruptcy, and
possibility of recovering assets situated abroad
Session sponsored by
Moderator:
Stepan Guzey, Partner, Lidings, Moscow
Speakers:
Yuri Botiuk, Partner, Grosvenor Law, London
Kunal Gadhvi, Partner, Edwin Coe LLP, London
Michael Leeds, Partner, Grant Thornton UK LLP, London
Rustem Miftahutdinov, Associate Professor, Department of the Business and
Corporate Law, Moscow State Law University (MGUA), Moscow
15:30 – 16:00 Tea and Coffee break
16:00 – 17:00 Session 4: Competition law issues – Brexit and EU regulations
• Update on the UK’s withdrawal from the European Union
• Implications for the use of English law for Russia-related transactions
• Expected changes in English competition law and policies arising from Brexit
• Mergers - investigation of dominant market positions, and a comparison of
practices of the antitrust authorities in recent major investigations in the UK,
Europe and Russia
• Recovering damages resulting from unfair competition
• Interplay between antitrust law and IP rights
Moderator:
Evgeny Khokhlov, Partner, Antitrust Advisory, Moscow
Speakers:
David Greene, Partner, Edwin Coe LLP; Chair of the Law Society’s Brexit Task
Force, London
Stephen Smith, Partner, Bristows LLP, London
Natalya Thotahewage, Abbott Laboratories LLC, Moscow

17:00 - 19:00
Please join us for
4 a networking reception in the Atrium.
Conference agenda, 21 November 2017
The British Embassy, Smolenskaya Naberezhnaya 10, 121099

09:30 – 10:30 Registration and refreshments


10:30 – 11:45 Session 5: International arbitration
• Latest guidelines, tools and publications from major arbitral institutions
• Arbitrators – choosing the right arbitrators and then getting the most from
them
• Efficiency and reduced costs – what is being done to make arbitration quicker
and cheaper - support of arbitration by the state courts
• Confidentiality v publicity
• Ethics in arbitration
Moderator:
Artem Doudko, Counsel, White & Case LLP, London
Speakers:
Professor Anton Asokov, Professor, Lomonosov Moscow State University and
Alexxev Research Centre of Private Law, Moscow
Tatiana Minaeva, of Counsel, Jones Day, London
Andrey Panov, Senior Associate, Norton Rose Fulbright, London Court of
International Arbitration, Moscow
Philip Riches, Barrister, 20 Essex Street Chambers, London

11:45 – 12:15 Tea and Coffee Break


12:15 – 13:30 Session 6: Business as usual – Current models and trends in the
organisation of law (panel discussion)
• Technological innovation – latest trends
• Alternative business structures
• LPP for in-house counsel
• Corporate social responsibility
• Law firm billings/ fee arrangements - latest trends
Moderator:
Vladislav Zabrodin, Managing Partner, Capital Legal Services, St Petersburg
Speakers:
Robert Gray, Associate, Baker McKenzie LLP, London
Alexander Muksinov, Associate, Ogier, British Virgin Islands
Dorothy Murray, Partner, King Wood Mallesons Europe, London
Mikhail Popov, Legal Director, PJSC “HALS-Development”, Moscow

13:30 – 14:30 Lunch

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Conference agenda, 21 November 2017
The British Embassy, Smolenskaya Naberezhnaya 10, 121099

14:30 – 15:30 Session 7: Keeping the profession noble – Is the current regulatory
framework fit for purpose?
Moderator:
Alexander Molotnikov, Associate Professor, Faculty of Law, Lomonsov Moscow
State University, Moscow
Speakers:
Joe Egan, President of the Law Society of England and Wales, London
Andrew Langdon QC, Chair of the Bar Council of England and Wales, London
Yury Pilipenko, President of the Russian Federal Chamber of Lawyers, Moscow
Igor Polyakov, President of the Moscow Chamber of Advocates, Moscow

15:30 – 15:45 Closing remarks


Andrew Langdon QC, Chair of the Bar Council of England and Wales, London

English Law Week 2017 continues in


St Petersburg on Wednesday 22 and
Thursday 23 November 2017.
Please see pages 27 - 29 for the programme.

6
Session 2: Case study
St Petersburg Investment Bank (SPIVBank) entered into a term loan agreement with its
customer, Ripov JSC, under which it lent Ripov JSC US 100m.
The loan agreement stipulated that the loan proceeds were to be used exclusively for
investment in the UK commercial property market. Ripov’s Russian owner, Boris Ripov,
spends part of the year in London where he has a mistress and his children go to school.
Ripov JSC defaulted on the loan and is now insolvent. A claim is made in the insolvency
proceedings that he caused the bankruptcy by procuring the loan agreement. In response/
defence to that claim Boris argued that loan agreement was invalid on the basis that it
was not properly authorised by the Board of Ripov JSC (of which Boris is a member). That
allegation is dismissed.
SPIVBank has discovered that representations made by Boris as to the solvency of Ripov
JSC, on which it relied when entering the loan agreement, were completely false.
SPIVBank intends, if possible, to pursue Boris in the English courts for the losses it has
sustained but as yet has only limited information as to Boris’s assets apart from the
existence of an account at Barclays Bank, Fleet Street.
In the English proceedings Boris again raises the argument that the loan agreement is
not valid.
SPIVBank has been informed by private investigators with access to the Paradise Papers
that the bulk of the loan proceeds have been channelled into an offshore discretionary
trust settled by Boris of which a Bermuda trust company is the trustee and Boris’s
mistress and children are the beneficiaries.
The trust assets include all the shares in a substantial Cypriot construction company
which is being managed by a friend of Boris.
Issues to be discussed:
• The possibility of SPIVBank obtaining funding for the proposed English proceedings
• The prospects of establishing jurisdiction in the English courts in relation the
proposed claim against Boris
• The interim relief that might be available in Cyprus in support of the English
proceedings
• The claims that might be brought against Boris in the Russian insolvency
proceedings
• The effect that those proceedings and those claims might have on the proposed
English proceedings
7
Сессия 2: Кейс-стади

Санкт-Петербургский Инвестиционный Банк (СПбИнвестбанк) предоставил заем


своему клиенту - АО «Рипов» - в сумме 100 млн. долларов США.

Договор займа предусматривает, что деньги предоставляются исключительно


для инвестиций в коммерческую недвижимость в Великобритании. Г-н Борис
Рипов, являющийся собственником АО «Рипов», проводит часть своего времени в
Лондоне, где у него также имеется вторая семья и его дети учатся в школе.

АО «Рипов» не выполнили свои обязательства по договору займа и находится


в процедуре банкротства (несостоятельности). Против г-на Рипова заявлено
требование о привлечение его к ответственности вследствие совершения
действий, повлекших банкротство АО «Рипов». В свою защиту г-н Рипов
утверждает, что договор займа был недействительным на том основании, что он
не был надлежащим образом одобрен советом директоров АО «Рипов», куда он
лично также входит. Данное утверждение был опровергнуто.

СПбинвестбанк выяснил, что заявления, сделанные г-ном Риповым в отношении


финансового состояния АО «Рипов» при заключении договора займа, были
полностью недостоверными.

СПбинвестбанк намерен, при возможности, обратиться в английские суды лично


против г-на Рипова с иском о взыскании причиненных убытков, но на данный
момент располагает только ограниченной информацией о принадлежащих ему
активах, а именно лишь о счете в Барклайс банке (Флит Стрит, Лондон).

В рамках дела в английском суде г-н Рипов также ссылается на недействительность


договора займа.

СПбинвестбанк был проинформирован частными детективами, которые получили


доступ к так называемым Paradise Papers, что значительная часть заемных средств
была переведена в оффшорный траст, учрежденный г-ном Риповым, управляющим
которого является компания на Бермудах, а бенефициарами выступают его вторая
гражданская жена и дети, проживающие в Лондоне.

Активы траста включают в себя акции кипрской строительной компании,


управляемой близким другом г-на Рипова.

8
Сессия 2: Кейс-стади
Вопросы к обсуждению:

• Возможность привлечения СПбинвестбанком внешнего финансирования для


судебного дела в Великобритании

• Предпосылки для признания юрисдикции английского суда по иску лично


против г-на Рипова

• Обеспечительные меры на Кипре в поддержку судебного процесса в


Великобритании

• Требования, которые могут быть предъявлены к г-ну Рипову в рамках дела о


несостоятельности АО «Рипов» в России

• Значение дела о несостоятельности и требований против г-на Рипова для


судебного процесса в Великобритании

9
Sponsors

Session sponsors:
George Z. Georgiou & Associates
George Z. Georgiou & Associates LLC is an award-
winning, full-service Cypriot law firm consisting
of over 45 experienced lawyers, arbitrators,
legal consultants and support staff. The Firm
specialises in the following areas: Arbitration & Mediation; Banking & Compliance;
Commercial; Corporate M&A; Employment & Pensions; Family; Intellectual Property
& Media; Litigation & International Commercial Litigation; Private Client; Property &
Construction; and Tax. It is a dynamic and modern law firm, priding itself on its devotion
to professionalism, passion for excellence, and commitment to the legal services it
provides clients both in Cyprus and abroad.

Adress: George Z. Georgiou & Associates LLC W: www.gzg.com.cy


1st Floor, 1 Eras Street, Nicosia E: admin@gzg.com.cy
1060 Cyprus T: +357 227 633 40
@GZGLawyers

Grant Thornton
Grant Thornton (Insolvency, asset tracing and
recovery) trace and recover funds for clients who
have suffered a financial loss. We have a number of services that assist lawyers and their
clients during complex and hard-fought litigation:
• International asset recovery and tracing
We are the largest international team focused on recovering assets for clients across
the globe including offshore jurisdictions such as the BVI and Cyprus. We have a
strong portfolio of Russian and CIS cases.
• Forensics support
We have substantial experience working on $multi-billion disputes providing
forensic investigation, expert witness and valuation services, data hosting and digital
forensics support throughout the litigation process.

Address: Grant Thornton UK LLP W: www.grantthornton.co.uk


30 Finsbury Square E: michael.t.leeds@uk.gt.com
London EC2P 2YU T: +44 (0) 20 7728 2368
@GrantThorntonUK

10
Sponsors

Associate sponsor:
3 Hare Court
3 Hare Court offers a range of advocacy and advisory
services in the International arena across a range
of areas. In particular we have a strong commercial
practice and we pride ourselves on our approachable,
results driven outlook with costs efficiency. Our ability
to build strong relationships with lawyers and clients is important to us. An increasing
proportion of our work arises from disputes outside the UK which are often dealt with by
way of international arbitration.

Address: 3 Hare Court W: www.3harecourt.com


Temple E: clerks@3harecourt.com
London T: +44 (0) 20 7415 7800
EC4Y 7BJ @3HareCourt

We would like to thank our sponsors without whom English Law Week would not be
possible. If you are interested in sponsoring the conference next year,
please get in touch with EuropeCIS@lawsociety.org.uk.

Media Partners

11
Hosts of English Law Week 2017
Dr Philip Douglas
First Secretary at the British Embassy, Moscow
Dr Philip Douglas is First Secretary and Head of Section, Climate Security &
Low Carbon Growth at the British Embassy Moscow. Previously he was Head
of Energy Efficiency and Community Energy Strategy at the UK Department
of Energy and Climate Change. Philip has 17 years’ experience working on
climate change and sustainable development in Government and industry,
including 4 years as First Secretary, Climate Finance & Technology at the British High
Commission New Delhi. Within the UK, Philip has led the development of innovative market
based mechanisms and regulations on energy auditing, energy efficiency, and carbon markets.
His experience includes developing the new mandatory UK Energy Savings Opportunity Scheme
(ESOS), leading the voluntary economy wide UK Emissions Trading Scheme (UK ETS) and,
as part of the 2008 UK Climate Change Act, developing the mandatory UK Carbon Reduction
Commitment (CRC). Philip holds a MEng degree in engineering science from Oxford University
and a doctorate in sustainable development.

Joe Egan
President of the Law Society of England and Wales, London
Admitted in 1982, Joe Egan set up his own firm in 1986 specialising in
criminal law. Joe became the first solicitor in Bolton to achieve the right
to appear in the Crown courts when he was granted higher rights in 1995.
Based in Bolton, his firm has expanded to include matrimonial, personal
injury, civil litigation and property work. As an advocate, he has appeared
in civil trials and matrimonial final hearings. Recently, he has developed a practice in contested
probate. For over 15 years Joe has been joint honorary secretary of Bolton Law Society of which
he is also a past president. Since 2006 he has represented solicitors in Lancashire and Greater
Manchester on the Law Society’s Council.

Andrew Langdon QC
Chair of the Bar Council of England and Wales, London
Andrew Langdon QC was called to the Bar in 1986 and took silk in 2006.
He practices from Guildhall Chambers, Bristol. He prosecutes and defends
Regulatory Crime, in particular in relation to corporate responsibility for
Health and Safety in the work place. He prosecuted the oil companies in the
Buncefield explosion. He also prosecutes and defends serious mainstream
crime – gun crime, homicide, fraud, corruption. Andrew was appointed to sit as a Recorder in the
Crown Court in 2002. He is a bencher of Middle Temple. He was Leader of the Western Circuit
from 2013-2015. Andrew was elected Vice Chair of the Bar in 2016. Upon becoming Chair this
year, he moved from Bristol to London.
12
Hosts of English Law Week 2017
Yury Pilipenko
President of the Russian Federal Chamber of Advocates, Moscow
Yury Pilipenko is the President of the Federal Chamber of Lawyers
of the Russian Federation. Yury is also a senior partner at YUST Law
Firm where he specialises in Corporate law and M&A, Criminal law
and criminal proceedings, Litigation and Arbitration, Legal support of
art business, International arbitration, Intellectual property. He is an
expert on Russian law for the Council of Europe and member of the Presidium of the Russian
Academy of Advocacy. Yury is also a member of the United Mediation Service of the Russian
Union of Industrialists and Entrepreneurs as well as being a member of the committee for the
conferring of the National award in the field of advocacy. He co-chairs the Board of Trustees of the
Institute of Advocacy of the Moscow State Academy of Law. Yury is a member of the committee
for the conferring of the F.N. Plevako and “Honorary Advocate of Russia” Awards. He is also a
member of the editorial boards of the legal journals “Russian Advocate” and “The Chamber of
Advocates”. Yury is an author of more than 40 publications and has been awarded the order “For
Fidelity to the Advocate’s Duty”.

Igor Polyakov
President of the Moscow Chamber of Advocates
Igor Polyakov is the President of the Moscow Bar (Moscow Chamber of
Advocates). He is also the Managing Partner of law office “Zashita” which
he established in 1991. He is the vice-president of the Federal Union of
Advocates of Russia and a member of the Board of International Union
(Commonwealth) of Advocates. Igor has more than 20 years legal experience.
He has worked in the office of the Prosecutor of Moscow for 11 years. He is the Chairman of the
Commission in the Moscow Department of the Ministry of Justice of Russia. Igor graduated from
Moscow Law Institue.
Awards:
• Plevako Golden Medal
• Golden Medal of 1st grade ‘ForDefending of Human Rights’

13
Speakers
Professor Anton Asoskov
Professor at the Lomonosov Moscow State University and Alexeev Research
Centre of Private Law, Moscow
Anton Asoskov, L.L.D., is a Professor in the Department of Civil Law at the
Law Faculty of the Lomonosov Moscow State University and a Professor
in the Department of International Private Law of the Alexeev Research
Centre of Private Law. He is a Member of the Presidium and Head of the
Corporate Disputes Nominating Committee of the International Commercial Arbitration
Court at the Chamber of Commerce and Industry of the Russian Federation (MKAS). He also
acted as an arbitrator in various arbitration proceedings under the Arbitration Rules of the
International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA),
Vienna International Arbitral Centre (VIAC), Arbitration Institute of the Stockholm Chamber
of Commerce (SCC), as well as under the UNCITRAL Arbitration Rules. Professor Asoskov is a
member of the Council for the Improvement of Arbitration at the Russian Ministry of Justice, and
of a member of the Chartered Institute of Arbitrators (MCIArb). He is the Head of the Nominating
Committee of the International Arbitration Commission at the Russian National Committee of
the International Chamber of Commerce (ICC Russia).

Natalia Belova
Head of Legal at Inchcape Russia, Moscow
Natalia graduated with honours from Moscow State Linguistic University
in 2003. She is a lawyer with more than 10-year experience in FMCG
(Heinz, British American Tobacco, EFES/SABMiller). Natalia’s current
role is the Head of Legal at Inchcape – worldwide no.1 automotive
retail dealer. Before joining Inchcape Natalia was the functional leader
of global integration process after merge of 2 beer companies – EFES and SABMiller – in Russia.
She also lead the closure of breweries. Natalia is a current member of workshops in State Duma
regarding consumer law issues (amendments to law to decrease consumer extremism). She was
a member of workshops in RosAlco state organ (initiation of law amendments to defend the
position of beer companies and prevent beer licensing). At BAT, Natalia supported the business
during a difficult period for the sector and proposed and implemented valuable ideas of business
process changes to retain the company’s efficiency.

14
Speakers
Yuri Botiuk
Partner at Grosvenor Law, London
Yuri is an experienced commercial litigator specialising in large scale disputes
representing a wide range of clients including Russian, Ukrainian, Arabic
and UK based clients both corporations and individuals. He is particularly
sought out by Russian speaking clients for his expertise in handling disputes
originating in the CIS. Yuri has wide ranging experience of resolving disputes
through litigation and arbitration. The disputes range from multi-million dollar multi-
jurisdictional fraud claims through to shareholders disputes, partnership disputes, foreign law
claims, enforcing foreign judgments, construction disputes, actions for and against directors,
defamation, breach of contract, tort and insolvency. Yuri is regularly invited to speak as an expert
on a variety of topics regarding doing business in Russia/Former Soviet Union (‘FSU’). Yuri
appears in UK, US and FSU print, radio and television media on issues regarding Russia, Ukraine
and the FSU.

Nick Cherryman
Partner at King and Spalding, London
Nick Cherryman is an international disputes lawyer, barrister, and advocate.
He represents leading corporations, state-owned entities and very-high-
net-worth individuals in a range of financial and commercial cross-border
cases. Focusing particularly on high-value cases originating in Russia and
the CIS countries, Nick has extensive experience of appearing before the
High Court in London and in conducting arbitrations under the rules of leading international
arbitration institutions. Nick focuses on a variety of cross-border disputes in offshore jurisdictions,
in particular those that apply English common law and follow English court procedure. These
jurisdictions include the Cayman Islands, Bermuda, British Virgin Islands, Barbados, the
Bahamas, Anguilla, Turks and Caicos Islands, Hong Kong, Singapore, Malaysia, Cyprus, Belize,
the Isle of Man and the Channel Islands. Nick has been involved in many well-known and long
running multi-jurisdictional disputes over the years, such as Motorola v Uzan, and in particular
those with Russian connections such as: Baturina v Chistyakov, the Pugachev litigation, Cherney
v Deripaska, The Rusal Tadaz dispute, and the TNK-BP shareholder dispute.

15
Speakers
Rupert D’Cruz
Barrister at Littleton Chambers, London
Rupert D’Cruz is a barrister at Littleton Chambers where he specialises
in commercial litigation and international arbitration. His main areas of
practice are corporate and shareholder disputes; banking and finance; fraud
and asset tracing (including emergency injunctive relief); sale of goods
and international trade; private international law and general commercial
contractual disputes. Rupert has been recognised in Chambers, Chambers Global and Legal
500 as a leader in his field. Rupert is a Russian speaker and is Secretary of the British-Russian
Law Association and the English Bar Council’s representative for Russia. A significant part of his
practice involves Russian and CIS-related disputes for which he is specifically recommended in
the legal directories. Rupert also sits as an arbitrator for the LCIA in CIS related disputes.

Artem Doudko
Counsel at White & Chase LLP, London
Artem Doudko FCIArb is an English solicitor-advocate. He is Counsel in
the London Arbitration Practice of White & Case LLP. Artem specialises in
international arbitration with a focus on advising Russian-speaking clients.
Artem works for a broad spectrum of international clients, both high-net
worth individuals, multinational corporate entities, sovereign states and
state-owned entities. Advising on a wide range of jurisdictional and conflict of law issues Artem
has experience of investment as well as commercial arbitrations conducted in accordance with
the rules of LCIA, ICC, AAA, SCC, and ad hoc arbitrations. Artem also has significant experience of
litigation in the English courts, in particular, in matters related to arbitration.

Kunal Gadhvi
Partner at Edwin Coe LLP, London
Kunal is a Partner in the Restructuring & Insolvency team with over 15
years’ experience in the industry, and joined Edwin Coe LLP in 2015 from
Squire Patton Boggs (UK) LLP. Kunal advises banks, financiers, insolvency
practitioners, underperforming companies, directors and creditors on a
broad range of both non-contentious and contentious insolvency matters.
His practice focuses primarily on business sales and acquisitions, lender security reviews and
enhancement, cross-border insolvency, antecedent transaction recoveries, wrongful trading and
misfeasance actions, security enforcement, fraud investigations and asset tracing. Kunal also
has extensive experience in general and commercial litigation and asset based lending litigation
and as a skilled advocate, regularly appears at The Royal Courts of Justice, and various County
Courts, in London. Clients benefit from the experience Kunal gained during his in-house banking
secondment with The Royal Bank of Scotland Group, where he provided restructuring and
insolvency advice relating to a wide range of businesses.
16
Speakers
George Z. Georgiou
Barrister and Managing Partner at George Z. Georgiou & Associates LLC,
Cyprus
George Z. Georgiou is Managing Partner of George Z. Georgiou & Associates
LLC, an award-winning, civil law firm based in Cyprus. He is top ranked in
Legal 500, Chambers and Partners, and Who’s Who Legal in the areas of
Dispute Resolution, Arbitration, Real Estate & Construction, Employment
& Pensions. He has extensive experience in international commercial litigation matters, cross-
border transactions, the enforcement of foreign judgments in Cyprus and obtaining urgent
interim orders. He is a Barrister (Inner Temple) and a member of the Cypriot Bar, LCIA, RCIS,
CIArb.

Robert Gray
Associate at Baker McKenzie LLP, London
Robert is a senior associate in Baker McKenzie’s Moscow and London
M&A teams, and splits his time between Moscow and London. He regularly
advises large national and international corporations, financial institutions
and private equity firms on cross-border and domestic mergers and
acquisitions, joint ventures, and corporate reorganisations throughout the
CEE/CIS region. Robert oversees English law corporate transactional work throughout Baker
McKenzie’s Eastern European and CIS offices. Robert speaks English, Russian and German.

David Greene
Partner at Edwin Coe LLP; Chair of the Law Society’s Brexit Task Force,
London
David was articled with Edwin Coe and qualified in 1980, becoming a
partner in 1984. He was appointed Senior Partner of the Firm in April 2011.
David specialises in commercial litigation including competition claims
and claims on behalf of shareholders, and is Head of both the Litigation &
Dispute Resolution Group as well as the Group Action Litigation department. He has developed
a strong following in contentious competition work being involved in cases in front of the
Competition Appeal Tribunal (CAT), High Court and Competition Commission. He has for
many years advised sovereign states on disputes in international tribunals and particularly
specialises in work involving governments in sub-Saharan Africa. David was appointed by the
Lord Chancellor to the Civil Procedure Rules Committee in 1997. He was then appointed in 2002
as a member of the Civil Justice Council. He is the author of “Civil Procedure Rules”, an associate
editor of “Civil Practice Manual”, on the editorial board of Butterworths’ “The Civil Court Practice”
(“the Green Book”), a contributor to the Law Society’s “Civil Litigation Manual”, and the author of
two titles for Atkins Court Forms.
17
Speakers
Stepan Guzey
Partner at Lidings, Moscow
Stepan Guzey is a Partner in Lidings’ Dispute Resolution practice heading
the Bankruptcy & Restructuring and Tax & Customs practices in the firm’s
Moscow office. His expertise spans high profile restructuring, bankruptcy
and insolvency cases, as well as corporate and tax disputes. He is a highly
qualified litigator with more than a decade of experience as a trial attorney
in accordance with the rules of the ICAC with the Chamber of Commerce and Industry of the
Russian Federation, as well as other Russian and international arbitration institutions. He is also
skilled in advising on assets and share capital deals with emphasis on tax treaties, cross-border
taxation, transfer pricing, general corporate financing, and tax disputes. Stepan has significant
experience in advising companies of the Asia-Pacific region and Europe.

Alexander Halban
Barrister at 3 Hare Court, London
Alexander practises in commercial, company, insolvency and civil fraud
disputes, regularly with an international element. His practice particularly
focuses on Russia and the CIS. He speaks and reads Russian fluently and
has studied and worked in St Petersburg. Recent CIS cases on which he has
acted include:
• National Bank Trust v Yurov: ongoing Commercial Court claim by a Russian bank, alleging
misappropriation of $1 billion by its former directors and shareholders through a Cypriot
corporate structure, raising complex issues of Russian law on directors’ liability
• Re Trefilov: acting for a Russian businessman in a dispute about his alleged entitlement
under a multi-million-dollar settlement concerning interests in Russian commercial
property
• Hniazdzilau v Vajgel: dispute about the beneficial ownership of Belarusian assets held
through an English corporate structure and the effects of illegal transactions under Russian,
Belarusian and English law
• Advising on English law in a multi-million-euro LCIA arbitration between a Ukrainian bank
and several off-shore companies and Ukrainian businessman.

18
Speakers
Evgeny Khokhlov
Partner at Antitrust Advisory, Moscow
Prior to joining Antitrust Advisory in 2012, Evgeny worked as an associate
in the Moscow offices of various international law firms (Linklaters,
Clifford Chance and DLA Piper), where he specialised in competition law,
including obtaining merger clearance with Russian and foreign competition
authorities of various major transactions (such as ACS/Hochtief,
Johnson&Johnson/Synthes, Kraft/Cadbury, RBS/ABN AMRO, Pfizer/Wyeth, Porsche/
Volkswagen, Volkswagen/MAN, Gazprom/Beltransgaz, Unilever/Kalina, Sberbank/Troika
Dialog). He participated in some of the most significant antitrust cases in Russia (such as cases
against the four largest Russian petroleum companies, a cartel investigation against the world’s
major laptop producers, an antitrust investigation against Nokia, cartel cases in the diary and
chemicals sectors and other investigations). Evgeny is also an active member of the Russian
competition law community. In 2008 and 2011, Evgeny was honoured by the Russian Federal
Antimonopoly Service for his contribution to the development of the state antitrust policy and
cooperation with competition authorities.

Michael Leeds
Partner at Grant Thornton UK LLP, London
Michael is an experienced insolvency practitioner who specialises in asset
tracing and recovery globally. Michael has handled complex and unusual
assignments in cases where creditor claims total over £1 billion. Michael’s
case work is varied. He acts as trustee in bankruptcy of the complex
estates of Boris Berezovsky and Andrey Chernyakov. He is also working
with various CIS and Russian clients who are enforcing arbitration awards and judgments
against entities in the UK. Michael is developing the firm’s research and corporate intelligence
offering, which provides assistance to clients on a variety of matters from due diligence exercises
to identifying assets to pursue in litigation. Michael has presented at fraud conferences in
Moscow and Miami regarding the use of the powers of the Insolvency Act in relation to the
recovery of assets across international boundaries. Michael regularly presents on insolvency
topics including the administration process and directors’ duties. Michael is a member of the
Russia and CIS Arbitration Network (RCAN).

19
Speakers
Rustem Miftahutdinov
Associate Professor of the Department of Business and Corporate Law,
Moscow State Law University (MGUA), Moscow
Rustem Miftahutdinov obtained his PhD at Russian Presidential Academy of
Public Administration in 2011. Between 2001 and 2005 he held the position
of an assistant to a judge and a head of department charged with analysing
jurisprudence of Arbitrazh (Commercial) Court of Republic of Tatarstan.
In 2005, Rustem was appointed a Judge of Arbitrazh (Commercial) Court of Republic of
Tatarstan, and a Judge of Supreme Arbitrazh (Commercial) Court of Russian Federation in 2012.
Since 2014, Rustem holds the post of an Associate Professor of the Department of business and
corporate law at Moscow State Law University (MGUA).

Tatiana Minaeva
Of Counsel at Jones Day, London
Tatiana is Of Counsel in Global Disputes practice of Jones Day. She represents
clients in international arbitration proceedings and cross-border disputes
mainly involving parties from former USSR States. Before joining Jones Day,
Tatiana was a partner at Stephenson Harwood and before that she was
based in Moscow where she worked in the firm’s global arbitration practice
of White Case. Tatiana regularly acts for and against States in arbitration proceedings relating
to investments made by foreign investors into former USSR States. Together with the Columbia
Center of Sustainable Investments Tatiana provided training to Governments of Central Asian
countries on investment arbitration. Besides counsel work, Tatiana acts as a sole or party-
appointed arbitrator in international arbitrations arisen from commercial disputes across the
board. Tatiana is listed as a recommended lawyer by Legal 500 2013 for civil fraud and was
ranked as a leading individual by Chambers Global 2014 and 2016 and as a leading arbitration
lawyer by Who is Who Legal: Arbitration – Future Leaders 2017.

20
Speakers
Professor Alexander Molotnikov
Associate Professor at the Lomonosov Moscow State University, Law Faculty,
Business Law Department, Moscow
Dr. Molotnikov is a Chairman of the board of Nonprofit Organization - Business
initiative support center ‘Startup’; an advisor on legislation issues to the
Business Russia (Delovaya Rossia) all-Russia Social Organization; a member
of the National Register of Independent Directors at the Russian Union of
Industrialists and Entrepreneurs – RSPP; an independent director and professional attorney
in Boards of Directors of JSCs with state participation. Dr. Molotnikov is also a member of the
subgroup on the legal regulation of corporate relations of the Working Group to establish
an international financial center in Russia of the Presidential Council on Financial Market
Development; an Arbitrator at the Arbitration Court for economic dispute settlement at the
private institution Arbitration Regulation and Legal Due Diligence Center, and a member of the
Working Group of the Committee of Independent Directors of RSPP on issues of participation
of independent directors and professional attorneys in the Boards of Directors of joint stock
companies with state participation.

Alexander Muksinov
Associate at Ogier, British Virgin Islands
Alexander is a dispute resolution lawyer with experience across domestic
and cross-border commercial litigation, international arbitration and
matters related to Russia, CIS and other emerging markets. Alexander
started his legal career with Egorov Puginsky Afanasiev & Partners in St
Petersburg, before training with Simmons & Simmons and qualifying as an
English solicitor in 2011. He went on to work at White & Case in London and before joining
Ogier in January 2017, he was part of Edwin Coe’s Dispute Resolution and Russia & CIS teams.
Alexander concentrates his practice on complex cross-border corporate, commercial and civil
fraud disputes. He has represented clients in litigation matters in the BVI, UK, Russia and a number
of other common and civil law jurisdictions as well as in arbitrations under all major institutional
rules. Examples of Alexander’s work include representing an ultra-high-net-worth individual in
the Commercial Court and the LCIA, advising a client on a number of complex post-acquisition
and shareholder claims and representing a major Russian bank in a USD multimillion fraud claim.

21
Speakers
Dorothy Murray
Partner at King Wood Malleson Europe, London
Dorothy Murray is a partner in the Dispute Resolution team at KWM
Europe LLP and is based in London. Dorothy has a thorough knowledge of
international commercial and investment disputes helping clients to achieve
their objectives regardless of jurisdiction or legal system. Described by the
GAR 30 as a “name to know” and by Legal Week as a Rising Star in Dispute
Resolution, her recent cases have included disputes in relation to JVs, mining, energy, industrial
and telecoms assets and post M&A matters, acting for states and for private parties. Her
experience encompasses managing proceedings under both common law and civil law and
under a wide range of arbitral rules, including ICSID, UNCITRAL, LCIA and ICC. She acts as
advocate in her arbitration matters. She also advises clients in litigation and mediations, typically
in disputes involving fraud and injunctive relief.

Andrey Panov
Senior Associate at Norton Rose Fulbright, Moscow
Andrey Panov is a senior associate in Norton Rose Fulbright’s Moscow
office. His practice spans corporate, construction, energy, technology and
general commercial disputes and focuses on commercial and investment
arbitration as well as arbitration-related litigation. Andrey acted as an
advocate in numerous complex cross-border cases before Russian courts
of all levels and arbitral tribunals acting under the ICC, SCC, LCIA, SIAC and ICAC Rules, governed
by English, Swiss, French, German, Dutch, Russian and Cypriot law. He also sits as an arbitrator
and is included in the lists of various arbitral institutions, including the ICAC. Andrey is a
councillor at the LCIA European Users’ Council and the LCIA YIAG co-Chair. He regularly speaks
and publishes on various aspects of international arbitration. Andrey is a fellow of the Chartered
Institute of Arbitrators. He is featured by Who’s Who Legal in the ranking of the Future Leaders
of Arbitration (2017), by Chambers Europe and was ranked in the 2018 edition of The Best
Lawyers in Russia for his work in international arbitration.

22
Speakers
Mikhail Popov
Vice-President and Director of the Property & Legal Department, PJSC Hals-
Development, Moscow
Mikhail Popov completed his postgraduate studies of Rostov State University
in 2005. Between 2002 and 2006, Mikhail worked in commercial structures,
acted as the managing partner of a law firm in Rostov-on-Don, specializing in
tax, land, corporate, and civil law. From 2006 until 2010, he held the position
of the Director, Legal Affairs of the Division “Light Commercial and Passenger cars” (GAZ Group).
In 2008, he was appointed CEO of the US subsidiary of the GAZ Group-GAZ U. S., Inc. Mikhail
was invited to the position of Director, Legal Affairs of OJSC “National Aggregates Company” and
elected a member of the board in 2010 and in April 2013 he became Vice-President of legal Affairs
and Corporate Development of OJSC “National Aggregates company”. Between 2014 to 2017, he
held the position of Deputy General Director – Director, Legal Affairs LLC “RT-Invest Transport
Systems”. Since September 2017, Mikhail has been appointed Vice-President - Director of the
Property & Legal Department of PJSC “Hals-Development”.

James Popperwell
Partner at Macfarlanes, London
James is head of the firm’s fraud practice. He specialises in asset tracing and
enforcement and the management of complex, international disputes in state
courts and arbitration. As well as running disputes at all levels of the English
courts, James has significant experience in managing parallel proceedings
in different jurisdictions. James has over 16 years of experience acting
on disputes relating to Russia, Ukraine and the CIS and has represented clients from these regions
in various courts across the world, including in the Eastern Caribbean, the Channel Islands, Cyprus
and Hong Kong, as well as in ICC, LCIA and VIAC arbitrations. James has significant experience
of obtaining and defending interim injunctive relief in support of proceedings in England and
elsewhere. James also advises on corporate and shareholder disputes (including in relation
to companies incorporated overseas), bribery and corruption, sanctions, money laundering
and insolvency proceedings. He is often asked to represent overseas clients in jurisdictional
challenges in England.

23
Speakers
Philip Riches
Barrister at 20 Essex Street Chambers, London
Philip Riches is a commercial barrister at 20 Essex Street chambers in London.
His work covers commercial litigation in the English courts and international
arbitration in a wide range of forums. He advises and acts as an advocate in
complex and high-value cross-border commercial disputes. Recent work
includes energy, mining, banking, property, telecoms, pharmaceuticals and
shipping disputes. He is regularly instructed in shareholder, joint venture and fraud disputes.
Much of his work involves urgent applications for injunctive relief (including worldwide freezing
injunctions), often in support of arbitration, and actions to enforce arbitral awards, including
awards against states and state-owned entities. He is described as: ‘A superstar junior’ (Chambers
& Partners UK Bar 2016), ‘Simply excellent’ (Legal 500 2016) and ‘Extremely user-friendly’
(Chambers and Partners Global 2017). Philip is recognised as a leading junior in Commercial
Litigation, International Arbitration, Insurance and Shipping and in Commodities and Civil Fraud.

Thomas Roe QC
Barrister at 3 Hare Court, London
Thomas Roe QC specialises in contractual, property, shareholder and trust
disputes; insolvency and fraud; and administrative law. Much of his work
is international. He is ranked by Chambers & Partners as a Leading Silk in
Commercial Chancery work, and described there as a ‘fountain of knowledge’
who ‘displays great attention to detail’. Recent work includes disputes about
bribery in the very high value sale of a logistics business, ownership of an SPV for Belarusian
investments, the sale of a Russian supermarket chain’s assets, and fraudulent dealings with
Indian property. He acts for the British government in litigation about refugees in Cyprus, and
for the Bahamian government in a challenge to Bahamas trust law. Thomas Roe graduated from
Cambridge University, was called to the Bar of England & Wales in 1995 and was appointed
Queen’s Counsel in 2014.

24
Speakers
Stephen Smith
Partner at Bristows LLP, London
Stephen advises clients across the full range of EU and UK competition law
matters, including merger control, cartels and anti-trust investigations.
Noted for being “practical, efficient, always willing to take a view and come to
a workable solution” (Chambers 2017), Stephen recently advised the SCOP
SeaFrance on the first jurisdictional challenge under the Enterprise Act to
reach the Supreme Court. Stephen is the current Chair of the Law Society’s Competition Section
and is listed in Who’s Who Legal Competition: Future Leaders 2017 and the Lawyer’s Hot 100
Lawyers in 2016. Fluent in French, Stephen has an MA (Hons) from Churchill College, Cambridge
University and holds dual qualification in England and Wales and the Republic of Ireland.

Natalya Thotahewage
Legal Director for Russia and CIS at Abbott Laboratories LLC, Moscow
Natalya is the Legal Director for Russia and CIS at Abbott Laboratories
in Moscow, supporting legal operations of Abbott and Veropharm in
Russia&CIS. Natalya graduated, cum laude, from Law Faculty of Moscow
State University named after M.Lomonossov in 1996. She was lecturer and
researcher at Moscow State University for 8 years. Natalya has been working
as Senior Legal Counsel/Head of Legal for Russia&CIS, Johnson&Johnson, and Market Access
Director CEE, Russia and CIS, Lifescan, Johnson&Johnson. She also used to work at Alcon, Novartis
Group as the Head of Legal and Compliance for Russia. Natalya specialises in pharmaceutical
regulations, market access, legal aspects of anti-corruption and anti-monopoly compliance,
merges and acquisitions in the healthcare market.

Kirill Trukhanov
Managing Partner at Trubor Law Firm, Moscow
Kirill Trukhanov is a founding partner at TRUBOR Law Firm. Before
founding TRUBOR Law Firm, Kirill led the dispute resolution team of one
of the major Russian law firms for 5 years. He has an extensive experience
of representing major Russian and foreign clients in Russian commercial
(arbitrazh) courts and before international arbitral tribunals. Kirill has won
precedent setting cases in the fields of financial markets, anti-trust, energy disputes. Kirill holds
a master’s degree in private law from the Russian School of Private Law (Moscow) and LLM
in Comparative and International Dispute Resolution degree from Queen Mary University
of London. A regular speaker at various international legal conferences in Russia and abroad.
Highly ranked in Chambers Global, Chambers Europe and Legal 500.

25
Speakers
Yulianna Vertinskaya
Director of the Legal Department, Russia and CIS, General Electric,
Renewable Power, Moscow
Yulianna Vertinskaya is Director of the Legal Department, Russia and CIS,
General Electric, Renewable Power. She is a member of the Legal community
of the energy sector. Yulianna is a pro-bono expert at the “Center of public
procedures”, Moscow. She is also collaborating with the Business Against
Corruption Center of the Delovaya Rossia. Yulianna’s pro-bono work expands to legal and public
expertise of applications of entrepreneurs or businessmen facing raiding, corruption or criminal
prosecution.

Vladislav Zabrodin
Managing Partner, Capital Legal Services, St Petersburg
Vladislav Zabrodin is a founder and Managing Partner at Capital Legal
Services, a full-service Russian law firm with offices in Moscow, St.
Petersburg and Helsinki. He is Chair of the International Council of Shopping
Centers Russian Liaison Committee (ICSC), a member of ICSC European
Advisory Board and a member of the St. Petersburg International Business
Association Executive Committee (SPIBA). He is among leading lawyers recommended for the
key practice areas by international legal business guides. Chambers & Partners and Legal 500
identifies Vladislav Zabrodin as an expert for corporate and M&A, general business law, public-
private partnership and real estate projects in Russia.

26
St Petersburg agenda, 22 November 2017
British Consulate-General, pl. Proletarskoy Diktatury 5, 191124

09:00 – 10:10 Registration and refreshments


10:10 – 10:30 Opening of the conference
Elizabeth Webb, British Consulate General in St. Petersburg, St Petersburg
Andrew Langdon QC, Chair of the Bar Council of England and Wales, London
Maxim Semenyako, St Petersburg Chamber of Advocates, St Petersburg
Joe Egan, President of the Law Society of England and Wales, London
10:30 – 11:30 Session 1: Recent English judgments involving Russian and CIS
parties, including:
• Establishing jurisdiction in England against Russian Defendants
- Bestolov v Povarenkin
• Developments in the Freezing Injunction Jurisdiction
- JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev
- OJSC BTA Bank v Khrapanov
• Recognition and enforcement of Russian court judgments in England
- Maximov v OJSC NLMK
- Open Joint Stock Co Alfa-Bank v Trefilov
- JSC VTB Bank v Skurikhin
Moderator:
Julia Zagonek, Partner, White & Case LLP, Moscow
Speakers:
Michael Fenn, Partner, Pinsent Mason LLP, London
Tatiana Menshenina, Partner, Withers LLP, London
Oliver Mishcon, Barrister, Chambers of Oliver Mishcon, London
11:30 – 12:00 Tea and Coffee Break

12:00 – 13:15 Session 2: Case study (of a claim in England involving Russian parties)
Moderator: Session sponsored by
Rupert D’Cruz, Barrister, Littleton Chambers,
London
Speakers:
Victor Dumler, Managing Partner, Dumler, St Petersburg
Roman Khodykin, Partner, Berwin Leighton Paisner, London
Andrew Lenon QC, Barrister, One Essex Court, London
Constantinos Pashiardis, Lawyer, George Z. Georgiou & Associates, Cyprus

13:15 – 14:15 Lunch


27
St Petersburg agenda, 22 November 2017
British Consulate-General, pl. Proletarskoy Diktatury 5, 191124

14:15 – 15:30 Session 3: Recovering assets through bankruptcy and liquidation


• Claims to recover assets of company/bankrupt estate under English law
• Focus on cross-border cases, involving Russian parties in particular:
jurisdiction of English courts, recognition of foreign insolvencies
• Assets search, investigations and other efforts in support of cross-border
bankruptcies
• Recent developments of Russian law on liquidation and bankruptcy, and
possibility of recovering assets situated abroad
Session sponsored by
Moderator:
Andrey Zelenin, Partner, Lidings, Moscow
Speakers:
Justin Harvey-Hills, Partner, Mourant Ozannes, Jersey
Edward Jenkins QC, Barrister, 5 Paper Buildings, London
Alexander Scard, Senior Associate, Kennedys, London
Natalia Shatikhina, Managing Partner, CLC, St Petersburg
15:30 – 16:00 Tea and Coffee break

16:00 – 17:00 Session 4: Business as usual – Current models and trends in the
organisation of law
• Technological innovation – latest trends
• Alternative business structures
• LPP for in-house counsel
• Corporate social responsibility
• Law firm billings/ fee arrangements - latest trends
Moderator:
Vladislav Zabrodin, Managing Partner, Capital Legal Services, St Petersburg
Speakers:
Nik Kutnaks, International Counsel, Debevoise & Plimpton, Moscow
Andrew Lenon QC, Barrister, One Essex Court, London
Belinda Mancktelow, Counsel, Allen & Overy, Moscow
Artem Zhavoronkov, Partner, Dentons, St Petersburg

17:00 - 19:00
Please join us for
a networking reception in the Atrium.
28
St Petersburg agenda, 23 November 2017
Chamber of Advocates, Room 11, 7 Kazanskaya Street, 191186

10:00 – 10:30 Registration and refreshments


10:30 – 12:00 Session 5: International arbitration
• Latest guidelines, tools and publications from major arbitral institutions
• Arbitrators – choosing the right arbitrators and then getting the most from
them
• Efficiency and reduced costs – what is being done to make arbitration quicker
and cheaper - Support of arbitration by the state courts
• Confidentiality v publicity
• Ethics in arbitration
Moderator:
Artem Doudko, Counsel, White & Case LLP, London
Speakers:
Evgeniya Rubinina, Senior Assocaite, Freshfields, London
Kirill Saskov, Partner, Head of Corporate and Dispute Resolution Practice, Kachkin
and Partners, St Petersburg
Iain Sheriden, Barrister, Big Ben Chambers, London
Ben Wells, Commercial and International Dispute Resolution Solicitor, Shepherd
and Wedderburn LLP, London

12:00 – 12:15 Closing remarks


Joe Egan, President of the Law Society of England and Wales, London
12:15 – 13:15 Networking lunch

29
Notes

30
Notes

31
Bar Council of England and Wales
289 - 293 High Holborn
London WC1V 7HZ
United Kingdom
+44 (0) 20 7242 0082
IntlEvents@BarCouncil.org.uk

The Law Society of England and Wales


113 Chancery Lane
London WC2A 1PL
United Kingdom
+44 (0) 20 7320 9548
EuropeCIS@lawsociety.org.uk
The Law Society of England & Wales International Group

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