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SPBILF Prize

7.5. Contractual Instruments in Sphere of Subsoil Use: International and Russian Experience

Track: 7. Industry. Resources. Environment

Description

Mineral resource deposits development in the Russian Federation and on continental shelf today call for considerable costs and advanced technologies providing for reasonable use of subsoils and protections thereof. In the present economic environment, subsoil users in the Russian Federation need partners to get both additional investments and access to technologies.

The global experience in joint project implementation in the field of subsoil exploration and mineral production provides for opportunities to attract necessary investments and technologies, to share the risks efficiently, and makes the development of legal instruments for joint projects implementation compliant with the Russian law especially important under the existing circumstances.

The agenda of the session includes the discussions of international practice in the use of modern legal patterns of partnerships in the field of subsoil use management, terms and conditions of sharing risks, and Russian equivalents of structured cooperation aimed at terms and conditions implementation.

The speakers and the participants in the Session will discuss the challenges subsoil users face that may be resolved in the existing legal environment as well as possible ways and prospects of development of laws and subordinate legislation in the Russian Federation.

Moderator:

Vitaliy Melgunov

Director, Institute of Mining and Energy Law, Professor, Gubkin Russian State Oil and Gas University


Biography

Director of Institute of Mining and Energy Law, Professor of Natural Resources and Environmental Law Department in Gubkin Russian State University of Oil and Gas (National Research University).

Еducation, Science Degree:
  • Kutafin Moscow State Law University (MSAL), Moscow, 1998;
  • Candidate of Legal Sciences, The Institute of State and Law of The Russian Academy of Sciences, Moscow, 2001;
  • academic title – associate professor, 2003.
Professional Experience:

Since 1999 has been conducting seminars and giving lectures on “Mining Law”, “International Environmental Law”, “Energy Law”, “Natural Resources Law”, “Legal Regulation of Oil and Gas Production” in Gubkin Russian State University of Oil and Gas, as well as MGIMO (Moscow State Institute of International Relations) and Corporate Institute (Kazakhstan).

Professional Interests, Specialization:

Environmental law, Legal regulation of subsoil use, Judicial defense of subsoil users’ rights

Honors and Awards:

The Academician I.M. Gubkin prize (2008), 2nd degree medal “For Merits in Protection of Civil Rights and Freedoms”.

Scientific Publications:

over 55 scientific works on legal issues have already been published in the Russian Federation and abroad, including:

  1. Theoretical Foundations of Mining Law in the Russian Federation. Scientific publication. Moscow. 2015;
  2. Basics of Mining Law. Part II. Education guidance edited by V. Melgunov. Moscow. 2016;
  3. Basics of Mining Law. Part I. Education guidance edited by V. Melgunov. Moscow. 2015;
  4. Administrative Regulation and Administrative Regimes in the Sphere of Entrepreneurial Activity. Moscow. 2008;
  5. Russian Court Practice in the Sphere of Subsoil Use: Current Issues / Justitias Welt. Humburg. Germany. Ausgabe 25, Аugust 2014. http://justitiaswelt.com/Aufsaetze/AS97_201408_TR.pdf;
  6. Categories “Subsoil Area”, “Mining and Geological Allotments” in Russian law: Concepts Correlation and Improvement of Legal Regulation.//Justitias Welt. Humburg. Germany. Ausgabe 24, Mai 2014 (May, 2014) http://justitiaswelt.com/Aufsaetze/AS92_201405_VM.pdf

Speakers:

Anatoly Andriash

Partner, Co-head of the Moscow Office, Norton Rose Fulbright LLP


Biography

Partner, Joint Head of the Moscow office of Norton Rose Fulbright.

Education
  • Moscow State Institute of International Relations, International Law Department, 1994
  • OU Business School, London, MBA, 2005
  • OU Business School, London, MSc in International Finance and Management, 2010

Prior to working at Norton Rose Fulbright Anatoly worked as a Managing Partner at the Moscow office of Canadian law firm Macleod Dixon. Prior to that, he worked in the internal legal department of the State Customs Committee.

Anatoly specialises in mergers and acquisitions, energy and natural resources, corporate/commercial and project development/finance.

Anatoly has been involved in several high profile and large-scale projects, particularly with clients in the natural resources and telecommunications industries. He has advised on optimal corporate strategies for companies working in the energy sector; project financing for various industries in Russia; acquisitions and dispositions; advising on IPOs and private placements in the capital markets sector; application of the Kyoto Protocol in Russia; and cross-border transactions for major Russian oil & gas companies.

Anatoly is regularly cited in the leading legal directories, including Chambers Europe and Chambers Global (2008-2017); Best Lawyers (2011-2017) and Who’s Who Legal (2011-2017).

Anatoly is a regular speaker at mining, oil & gas and M&A conferences. He has been elected Director of the Canada Eurasia Russia Business Association (CERBA) in Moscow.

Yuri Arkhipov

Counselor, Ivanyan & Partners Law Office


Biography

Graduated in 2000 from the Faculty of International Law at Moscow State Institute of International Relations (University). In 2000-2013 practiced as a lawyer in KFK-Alliance law firm. In 2013-2016 worked as head of legal in RN-Shelf-Arctic (exploration subsidiary of Rosneft Oil Company). In 2016 joined Ivanyan and Partners law firm as a counsel. Yuri’s practice focuses on energy and natural resources, including legal support for oil and gas projects. He advises on M&A transactions, due diligence, procurement of goods by state enterprises in Russia, as well as general corporate matters. Yuri has considerable experience negotiating production sharing agreements (PSA) for Russian and foreign investors in Russia and abroad. He participated in structuring and implementation of a variety of large-scale exploration projects on Russian continental shelf.

Jennifer Josefson

Partner, King&Spalding


Biography

Jennifer Josefson is a partner in the Moscow office of King & Spalding, an international law firm. For almost 20 years she has represented a broad spectrum of clients on various international and cross-border transactions in Russia, the former Soviet Union, the Middle East and Africa, with a particular specialization on transactions in the oil, gas, LNG, petrochemical, power, mining and natural resource sectors. She regularly advises on acquisitions and dispositions, mergers, joint ventures, joint operating agreements (JOAs), concessions, PSAs, farm-ins, supply and service agreements and the commercial agreements that energy companies regularly use for revenue generation, raw materials and feedstock inputs, financing, and maintenance and operation of facilities.

Ms. Josefson has been consistently ranked as one of the top energy and natural resource lawyers by Chambers Global, PLC Which Lawyer, and the Who's Who of International Energy Lawyers. She is ranked as a Tier 1 Energy lawyer by both Chambers Global and Chambers Europe. Best Lawyers 2014, 2015, 2016 and 2017 named Ms. Josefson “The Lawyer of the Year for Russia” in Energy and Natural Resources; Mining; and Oil & Gas (twice) in addition to recognizing her for M&A.

In addition to being a trusted advisor and supporting clients on their transactions, Ms. Josefson contributes to the development of international oil & gas contracting standards through her work with the Association of International Petroleum Negotiators (AIPN). Currently she is a co-Chair for AIPN's Model Farm Out Agreement Revision Committee and she has held over the years various other positions in the AIPN, including Vice President, member of the board of directors and founding Regional Director of AIPN's CIS Chapter. Ms. Josefson is also a standing faculty member for AIPN’s and the Rocky Mountain Mineral Law Foundation’s international oil & gas contracting training courses – the Short Course and the Core Course.

Maxim Kirzhimanov

Deputy Director of the State Policy and Geology and Subsoil Use Regulation Department, Ministry of Natural Resources and Ecology of the Russian Federation

Roman Kvitko

Head of Legal Directorate, Gazprom Neft JSC


Biography

Graduated in 1998 from the Faculties of Law and Linguistics and International Cooperation at Ulyanovsk State University. Additional Education: University of London, LL.M degree; IMD Business School, Program for Executive Development. Worked as a lawyer at Siberian Aluminum in 2000-2001. Practised as a barrister in 2001-2006.Worked as a lawyer at Sibur in 2006. Served as Deputy Head of the Legal Department at Gazprom Neft from 2007. In 2009-2010 worked as Deputy CEO for Legal and Corporate Issues at the Serbian energy company, NIS. Then worked in a similar role at Gazprom Neft-Development (a subsidiary of Gazprom Neft, managing large upstream projects in Russia and abroad). Director of the Legal Affairs Department of Gazprom Neft since June 2012.

Alexey Ryabov

Tax and Legal Consulting Practice Manager, KPMG


Biography

Born on 20.02.1986 in Noginsk, Moscow region (Russia). Graduated in 2008 from the Financial Faculty at the All-Russia State Tax Academy under the Ministry of Finance of the Russian Federation. Additional Education: Certificate of membership in the Association of Chartered Certified Accountants (ACCA member). Alexey has been working with KPMG since 2011. Before joining KPMG Alexey worked with the Russian tax authorities as a state tax inspector in the desk tax audit department. Starting October 2015 – Manager in the Tax and Legal department at KPMG. Key areas of expertise include providing a wide range of tax consulting services to O&G majors, development of tax accounting methodological decisions, group structuring efficient from the international tax perspective, and assistance in lawmaking in the realm of taxation.

Ivan Sidorov

Senior Researcher, Institute of Mining and Energy Law of the Gubkin Russian State University Of Oil & Gas


Biography
Еducation, Science Degree

Kutafin Moscow State Law University (MSAL), Candidate of Legal Sciences.

Professional Experience

Since 2015 – Senior Research Scientist in Gubkin Russian State University of Oil and Gas (National Research University);

2012 – 2016 - Senior Lawyer in Wragge Lawrence Graham (CIS) LLP;

2008-2012 - Head of Regulatory Support of Subsoil Use Department in Federal State Institution Centre «SRP – Nedra»;

2007 – 2008 - Leading Legal Counsel in Federal State Institution Centre «SRP – Nedra».

Professional Interests, Specialization

Subsoil Use, Comparative Law.

Honors and awards

Diploma and note of acknowledgement of the Federal Agency for Subsoil Use (Rosnedra)

Scientific Publications

A number of articles in law journals and a monograph «The Right to Subsoil Use in Russia: Grant and Transfer». Moscow, 2016.

Ken Mildwaters

Honorary Lecturer, University of Dandee


Biography

Dr Ken Mildwaters is Managing Partner of Mildwaters Consulting LLP a boutique legal consultancy focused on providing corporate, commercial, regulatory, and negotiation advice to governments and international oil and gas E&P and service companies. Ken is a recognised expert in the international natural resources sector and has over 30 years of commercial and academic experience which allows him to bring a unique blend of legal, academic and commercial expertise to his practice.

Ken graduated from the University of Western Australia with B.Juris (Hons) and LL.B. before completing his PhD at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. His thesis topic was “Joint Operating Agreements: A Consideration of Legal Aspects Relevant to Joint Operating Agreements used in Great Britain and Australia by Participants thereto to Regulate the Joint Undertake of Exploration for Petroleum in Offshore Areas with particular Reference to their Rights and Duties”. Ken was also a Visiting Scholar at the Graduate School of Business Administration at Harvard University where his research focused on the sustainability of long-term commercial contracts.

Prior to establishing Mildwaters Consulting LLP Ken was a partner with Theodore Goddard (now part of Addleshaw Goddard), a partner with Morgan Lewis & Bockius, of counsel at Milbank, Tweed, Hadley & McCloy, a partner with investment bank Babcock & Brown, and General Counsel of Guinness Plc and, post-merger, Diageo Plc. At Guinness Plc Ken was responsible for planning and implementing the US$38Bn merger with Grand Metropolitan Plc to create Diageo Plc, the world’s preeminent drink company.

In addition to his legal practice Ken is a member of the faculty at the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee where he lectures on commercial contracts in the international oil and gas industry. Ken runs the oil and gas negotiation practice workshops for the LLM programme at the University of Aberdeen. He is currently engaged in the launch of two additional negotiation practice workshops for the LLM programme at the University of Aberdeen: the first in the area of resolution of contractual disputes and differences, and the second in the area of State negotiations. Ken also conducts public and in-house workshops in subjects such as oil and gas commercial contracts, petroleum authorizations, joint ventures and joint operating agreements, oil and gas negotiation, resolution of contractual disputes and differences, and risk allocation in oil and gas service contracts. He is a member of the Australian Mining and Petroleum Law Association, Energy Law Association Inc. (New Zealand), International Bar Association Section on Energy and Natural Resources Law, Rocky Mountain Mineral Law Foundation, and the United Kingdom Oil Lawyers Group.

Andrey Zharskiy

Partner, Law Firm ALRUD


Biography

Partner of ALRUD Law Firm, Head of Energy, Natural Resources and Infrastructure practice.

Education:

Andrey Zharskiy graduated from Belorussian State University (Minsk) in 1998; obtained S.J.D. degree in 2002. In 1999 Andrey has got LL.M. degree of the University of Manchester.

For almost 20 years of his professional career, Andrey Zharskiy has acquired an extensive experience in advising Russian and international clients on issues, related to subsoil use, implementation of M&A and JV projects in Russian Federation, as well as in Africa and China, connected with exploration, production, processing and sale of the natural resources ( oil, LNG, coal, non-ferrous metals ), energy projects, construction and infrastructure projects (including EPC agreements based on FIDIC forms). Andrey has a vast experience in supporting projects in China and regularly advises Asian investors on corporate and investment projects in Russia in the field of natural resources, industrial production and real estate. Andrey is ranked in Chambers Global 2015 as the only expert in Russian Federation, advising clients for their projects in China.

Chambers Global, Chambers Europe 2016 recommend Andrey Zharskiy for Energy & Natural Resources.

Chambers Global 2015 ranks Andrey as energy specialist who advises on M&A, joint ventures and regulatory matters both in Russia and abroad.

Andrey Zharskiy is the author of numerous publications on contract law and international sale of goods, is a member of AIPN, IPBA, IBA.

Vladimir Sokolov

Director, Head of PPP and Infrastructure Projects, PWC Legal


Biography

Vladimir specialises in the legal aspects of PPP projects and provides legal services to energy, natural resources and infrastructure companies. Vladimir has over 15 years of experience in providing legal support for projects both inside and outside of Russia.

This legal support covers various issues associated with the creation and operation of infrastructure facilities, as well as the use of PPP mechanisms. For instance, Vladimir provided support in the development of International Airport Kazan and the implementation of both the Turkish Stream (formerly, South Stream) and Blue Stream projects.

He has extensive experience in consulting oil and gas companies on various operational matters, including structuring of mineral resource extraction projects (i.e., under PSAs and operator agreements), support of asset purchases and sales, amendments to Russian legislation, obtaining access to pipeline facilities, and the introduction of systems to monitor compliance with subsoil use and occupational safety regulations.

Vladimir is well-known on the market thanks to his extensive knowledge of clients' specific business needs (including the technological aspects of various operations) and has been recommended by the Legal 500 and Best Lawyers professional ratings.


*This schedule may be subject to change