16 February 2018, Friday
Venue: Boris Yeltsin Presidential Center, Congress Center
Address: 3, Boris Yeltsin St., Yekaterinburg
Conference on Arbitration:
"Business conflicts: to be settled by criminal law or civil law means?"
Business conflicts are more often settled by criminal law means. Former business partners and spouses are ready to reveal skeletons in the cupboards to achieve their aims in a corporate war accusing each other of committing crimes. The objectives pursued by ‘warring parties’ are very often inconsistent with the objectives of the criminal law policy of the state and are not to enforce law but to gain some profit or any other advantage.
Can parties in advance determine ‘the rules of the game’, including dispute resolution? Does such a mechanism of dispute resolution require interference on behalf of the state? How can arbitral proceedings become an efficient means of alternative dispute resolution?
9:00 a.m. - 9:30 a.m. Welcome coffee and registration of participants
9:30 a.m. – 10:50 a.m. Panel discussion: Arbitration agreements as preventive means of a business conflict, including in the criminal law sphere
Venue: Boris Yeltsin Presidential Center, Congress Center
Address: 3, Boris Yeltsin St., Yekaterinburg
Criminal law mechanisms are now often applied to have certain impact on corporate conflicts: parallel criminal proceedings are instituted or unscheduled regulatory inspections are initiated to intimidate opponents in the proceedings or exert pressure on the panel of judges. Such practice cannot contribute to a good reputation of Russian companies as business partners and of the Russian jurisdiction as a reliable place for conducting business. Constructive and civilized means of dispute settlement, including arbitral proceedings, are one of the guarantees in the eyes of foreign business counterparts.
How to efficiently use the advantages offered by arbitration or other alternative means of dispute resolution?
Moderators:
Gongalo Bronislav Michislavovich
Head of the Ural Branch of the Russian School of Private Law, Head of the Civil Law Department, Ural State Law University, Doctor of Law, Professor, Yekaterinburg
Pilipenko Yuri Sergeyevich
President of the RF Federal Chamber of Lawyers, Chairman of the Presidium of the Arbitration Center at the Institute of Modern Arbitration, Doctor of Law, Moscow
Speakers:
- Artyukh Elena Nikolayevna, Business Rights Commissioner in the Sverdlovsk region, Yekaterinburg
- Zagainova Svetlana Konstantinovna, Director of the Center of Law Technologies and Reconciliatory Procedures (Mediation), Ural State Law University, Doctor of Law, Professor, Civil Procedure Department, USLU, Yekaterinburg
- Imennov Anton Sergeevich, Advocate, Managing Partner, Moscow Office, Head of International Practice and Private Client Services, Pen&Paper Attorneys at Law, Moscow
- Leskovets Oksana Vladimirovna, Judge of the Commercial Court of the Sverdlovsk region, Yekaterinburg
- Rashchevsky Evgeny Sergeevich, Partner, Head of International Arbitration and Litigation Practice, Egorov, Puginsky, Afanasiev & Partners Law Offices, Moscow, Russia
- Uksusova Elena Evgenievna, Candidate of Law, Presidium Member of the Arbitration Center at the Institute of Modern Arbitration, Professor of the Moscow State Law Academy named after O.Kutafin, Moscow
10:50 a.m. - 11:00 a.m. Coffee-break
11:00 a.m. – 12:20 p.m. Panel discussion: Evidence in arbitral proceedings: limitless opportunities or a risk for abuse
Venue: Boris Yeltsin Presidential Center, Congress Center
Address: 3, Boris Yeltsin St., Yekaterinburg
Issues of presenting evidence in arbitral proceedings, unlike in state courts proceedings, are not subject to any single regulatory act. The order of presenting evidence is partially regulated by applicable arbitration rules; there are also international standards of evidence representation elaborated by the International Association of Lawyers which are of a recommendatory character.
At the same time, abuse in evidence presentation, including falsification of evidence or initiation of groundless pre-trial enquiries aimed at obtaining documentary evidence, can occur during arbitral proceedings. Since criminal law provides for no prohibitions to be applied in arbitral proceedings, the adversarial character of arbitration can be considered an alternative ground to counteract such abuse.
What should parties take into account when presenting evidence (documents, testimony, experts’ opinions) in arbitral proceedings? How to counteract potential abuse (falsification of evidence, state of false evidence) by mala fide parties in arbitral proceedings?
Moderators:
Gorlenko Andrei Andreevich, General Director, Arbitration Center at the Institute of Modern Arbitration, Moscow
Yarkov Vladimir Vladimirovich
Head of the Civil Procedure Department, Ural State Law University, Professor of the Ural Branch of the Russian School of Private Law, Doctor of Law, Professor, Yekaterinburg
Speakers:
- Buldakova Ekaterina Vladimirovna, Candidate of Law, Partner, Vinder Law Office, Moscow
- Panov Andrey Alexandrovich, Senior associate Norton Rose Fulbright LLP, Moscow
- Sabirova Milana Faritovna, Vice-Chair of the Commercial Court of the Sverdlovsk region, Yekaterinburg
- Rents Igor Gennadyevich, Candidate of Law, Doctor of Law of France, Associate Professor, Civil Procedure Department, Ural State Law University, Yekaterinburg
- Sergeev Danil Nazipovich, Candidate of Law, Senior Lecturer, Criminal Law Department, Ural State Law University, Yekaterinburg
- Chervets Evgenia Igorevna, Advocate, Head of Dispute Settlement and Corporate Law Practice, Moscow office of Regionservice Law Firm, Moscow
12:20 p.m. – 12:50 p.m. Cocktail
Off-site meeting of the Council of the RF Federal Chamber of Lawyers
11:00 a.m. – 1:00 p.m. Off-site meeting of the Council of the RF Federal Chamber of Lawyers
(restricted attendance)*
*exclusively by the invitation of the RFCL
Venue: Hayatt Regency Yekaterinburg Conference Center
Address: 8, Boris Yeltsin St., Yekaterinburg
1:00 p.m. – 2:00 p.m. Off-site meeting of the Council of the RF Federal Chamber of Lawyers
(attendance by any participants)
Venue: Hayatt Regency Yekaterinburg Conference Center
Address: 8, Boris Yeltsin St., Yekaterinburg
3:00 p.m. - 4:00 p.m. Excursion to the Museum of the First Russian President Boris Yeltsin
Venue: Boris Yeltsin Center
Address: Boris Yeltsin St., 3, Yekaterinburg
5:30 p.m. – 8:30 p.m. Closing of the Conference
Reception of the RF Federal Chamber of Lawyers
Venue: Dom Aktera (The Actor’s House)
Address: 8, 8-e Marta St., Yekaterinburg