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Digest 67

April 12, 2017 Subscribe

SPBILF News

Breathtaking cultural programme is a hallmark of the Forum!

The welcome night will open with a concert by the internationally renowned Soloists of Moscow chamber orchestra conducted by Yuri Bashmet. Over the course of their decades-long career, the Soloists of Moscow have played some 2000 concerts, garnering plaudits in over 50 countries of Europe, Asia, the Americas, Australia and New Zealand. Yuri Bashmet and the Soloists of Moscow are a 2008 Grammy Award Winner in the category of Best Performance by Small Ensembles.

In conclusion of the night the guests of the Forum will be invited to proceed to the buffet gala dinner prepared for them at the Grand Hotel Europe. The Grand Hotel Europe has hosted a succession of eminent public figures, politicians, monarchs and heads of state in the course of its history, which goes back a century and a half. The diplomatic receptions Emperor Nicholas II gave here for dignitaries of the highest order, Bernard Shaw met with Maksim Gorky at the Grand Hotel Europe, and it was here that a young Dmitry Shostakovich played his debut sonata for Sergey Prokofiev. It is an inspiring tradition that the guests of the Forum become part of the history of the distinguished Grand Hotel Europe.

Find information about evening events on May 18-19 in coming issues of the Digest or at Cultural programme.

Here are some top tips by SPBILF’s team for legal firms that don’t have their own in-house marketing consultant or a PR expert ►

Invitation from Moderators

Prior to the Forum 2017 we start a new column «Invitation from Moderations» providing details of discussion sessions. In this issue:

«These are our real-life cases, which we have learned in the process of building some major infrastructure assets»

Andrey Popov, Director for Legal and Corporate Affairs and Property-related Issues — Director of the Department for Legal and Corporate Affairs, State Atomic Energy Corporation ‘Rosatom’, Moderator of Discussion Session 7.4. Restrictions on Exports of High Technology Products. Rosatom Practicea

What makes the subject of your discussion session relevant?

In the past few years, we have witnessed a collision of two opposing economic trends. On the one hand, there’s globalization with its fundamental freedom of goods movement and its market pricing. On the other hand, certain states impose ever greater barriers for the access of goods to their national markets. The free-market nature of international commerce thus clashes with national protectionist measures, the purposes of which may range from national security to environmental concerns to domestic producer protection. This conflict is manifested particularly strongly in high-tech commerce, which includes nuclear power products. Overall, I can see why the state may wish to restrict national market access for foreign vendors. However, this policy may go against the grain of the nation’s international commitments. On this panel, we will try to cover various aspects of government-imposed import restrictions, reviewing a set of international cases we have come across in our business on the ground.

What categories of legal professionals would you especially recommend to attend your discussion session?

We’ve tried to fill our roundtable with the content covering the broadest scope of issues. I repeat: these are our real-life cases, which we have learned in the process of building some major infrastructure assets. We will analyze the import/export restrictions from the angle of their national specificity, and from the perspective of their international legal compliance. We will cover intellectual property protection, environmental safety, anti-dumping, government support, and economic sanctions. Our speakers are all hands-on specialists, who were personally involved in the projects I mentioned. First of all, the panel targets international commerce specialists. Because of its extra wide coverage of practical questions, our panel may also be of interest to academics and educators.

Shall the law be an engine of innovations?

As part of the Satellite Events of the VII SPBILF, on 18 May from 2pm to 3.30pm Marc Firestone is hosting a business lunch on Innovations and Law at the General Staff building.

Companies take on the greatest risk when developing innovative products. They are driven by the passion to be a leader and create new markets. The route from an idea to its implementation may take years. It might happen that bringing a product from the ideation state to commercialization takes decades. The pace of innovation depends on scientific progress, quality of academic studies, public acceptance of new ideas, availability of financial resources, public policy and many other factors. Shall the law be an engine of innovations? What is the approach in other jurisdictions? Which role should the governments, regulators, businesses and scientific communities play in the development of innovations?

Participants in the business lunch will attempt to find answers to these questions. They will discuss the existing challenges, the future of companies in the environment of regulatory uncertainty, the science behind innovative products, the constructive dialogue among businesses and regulators, and the ideal regulation promoting innovations. Participants will be able to debate current regulatory challenges in Russia in the context of innovations and ways of turning them into opportunities.

The agenda will include speeches by governmental officials and senior business leaders. Marc Firestone, Senior Vice President and General Counsel of Philip Morris International (Switzerland), will host the event.

Number of seats is limited. Participation subject to confirmation. To attend the business lunch, please apply to: Vera.Yakovleva@contracted.pmi.com.

«Sustainability of law systems in the countries of investees location is the priority for both Russian and foreign investors»

Mikhail Konstantinov, Board Member — Head of Legal Work Department, Inter RAO Group, Moderator of Discussion Session 7.1. Energetics as an Infrastructural Branch of Economy: Problems of Legal Regulation and Development Perspectives.

Energy industry is one of the most relevant and significant industries within an economic structure. It predetermines the development of independent states and larger regions. Fuel and energy complexes have their impact on national wealth, inflows to national budgets, and play an important role in supporting geopolitical interests of key market players in some regions.

At the panel discussion, we are planning to touch upon some issues related to competition development in fuel-and-energy area and to evaluate the feasibility of non-market instruments application.

It will be both interesting and important to review some statutory regulation issues, energy legislation prospects and trends and relevant issues of enforcement and judicial experience, with a special focus on power sales licenses, «alternative boiler station», reference sales, etc.

It is notable that issues and guarantees related to judicial protection and sustainability of law systems in the countries of investees location are the priorities for both Russian and foreign investors in view of property choice for investments. Therefore, the panel participants are planning to touch upon the cases of investment disputes related to implementation of relevant fuel-and-energy projects, and foreign experience in regulation of investments in power industry.

It is also notable that both power and heating industries bear the legacy of material problems and challenges, i.e. wear of plant, property and equipment and lack of incentives for their decommissioning or overhaul; dramatic growth of the share of generating equipment, including ineffective units, working in a «forced» mode; need in effective combination of central power and heat supply systems, distributed generation and intellectual energy systems.

Development of both competition and government regulation (including anti-trust) of tariffs in power supply and central heating supply should play an important role in resolution of the issues the industry is currently facing.

The importance of the abovementioned issues and the fact that many aspects of fuel-and-energy area statutory regulation are not elaborated and rather doubtful, provided for the choice of subjects and the purpose of the panel discussion.

The event will be interesting both to public and private investors, Russian and foreign energy companies and enterprises, government authorities representatives and experts community.

How can your participation at the Forum bring the biggest benefits for your company?

Here are some top tips by SPBILF’s team for legal firms that don’t have their own in-house marketing consultant or a PR expert.

Gather up your colleagues and have a look at the Forum’s Business Programme. I don’t want to open The Cultural programme promises tons of non-business-related fun, don’t open it when your colleagues are near. Read it later, when you are safely at home.

► Check the topics of the discussion sessions and chose what suits your professional interests.

► Read the info about the speakers and do some additional research, if necessary — for example, using the Internet or asking your friends.

► Now team up with your colleagues and think of some questions you’d like to ask the speaker. The better the question, the higher the chances that the speaker will want to answer it in full detail, and maybe you will even have a proper dialogue between you two later on.

► If the speaker cannot answer your question during the discussion, don’t let your efforts go to waste. You just need to find the right moment and try to talk with the speaker directly, for instance, during the coffee break or after the round table.

► Set goals. For example, make it your goal to bring home a certain number of new professional contacts after the Forum. During the Business programme, promise yourself only to mingle for the benefit of the company. You can catch up with your old acquaintances later in the evening, at the Forum’s Cultural programme. They will surely understand that you are doing some serious stuff here: trying to find and establish new business contacts.

► Stock up on your business cards, scrutinize them carefully. Do they have all the necessary info about your company, or it’s just some logo that says nothing about what you do? In the second case, it’s not too late to order some new ones.

► After the Forum, prepare two reports about your work — one for you, another one for your boss. Use the first one to be frank with you and write down everything that you have failed to do: for instance, to meet Mr N or Ms X and tell them about yourself. Analyse your mistakes and think how you can correct them next year. In the second report, you simply write how good and effective you are, and how useful it all has been for your company.

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