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6.3. Corporate and Complex Business Disputes in Arbitration. New Opportunities and New Challenges

Track: 6. Litigation and Arbitration Practice

Description

Arbitration has long been an alternative method of resolving commercial (trade) disputes. Historically arbitral tribunals dealt with disputes arising out of share-purchase of goods, supply and maritime shipping.

As a result of changes in economic relationships the scope of arbitration has recently been growing. Arbitration is especially needed in cases of complex corporate and business relations requiring efficient dispute resolution in accordance with modern and flexible procedure.

Various jurisdictions and arbitral institutions, competing with each other, do their best to promptly address the demands of the business society inter alia by improving mechanisms of resolving corporate and complex business disputes. For example, arbitral institutions, which constantly update their rules, implement new features of arbitration such as emergency arbitrator and third party funding.

Experience of foreign jurisdictions in arbitration of corporate disputes is specifically important for Russia, considering that starting from February 1, 2017 parties to corporate relationships can conclude an arbitration agreement referring corporate disputes involving Russian companies to arbitration. Several Russian arbitral institutions have introduced special rules on arbitration of corporate disputes.

Russian and foreign experts in arbitration and corporate law as well as representatives of arbitral institutions will be speaking during the session.

The speakers will discuss:

  • which mechanisms are the most important in case of arbitration of corporate and complex business disputes;
  • how to promote arbitration of corporate and complex business disputes in Russia;
  • which legislative amendments are required in order to make arbitration of corporate and complex business disputes more efficient;
  • whether Russian arbitral institutions are ready to provide business with efficient and modern arbitration of corporate and complex business disputes as well as with the possibility to choose professional arbitrators, who are ready to resolve such disputes.

Moderators:

Andrey Gorlenko

Executive Administrator, Arbitration Center at the Institute of Modern Arbitration

Speakers:

Anton Asoskov

Professor of Civil Law, Lomonosov Moscow State University

Steven Finizio

Partner, WilmerHale


Biography

Steven Finizio is a member of Wilmer Cutler Pickering Hale and Dorr LLP’s international arbitration and dispute resolution group, based in London. Mr. Finizio advises clients regarding disputes under the rules of most of the well-recognized international arbitral institutions and governed by the laws of jurisdictions in Europe, Asia, Africa and the U.S. He focuses on both commercial disputes and disputes under bilateral and regional treaties. His pro bono work has included assisting a Central European government draft new arbitration legislation. Mr. Finizio also serves as an arbitrator.

Mr. Finizio writes frequently on a wide range of issues relating to international dispute resolution, and his publications include “A Practical Guide to International Commercial Arbitration: Assessment, Planning and Strategy” (with Duncan Speller) and “International Commercial Arbitration,” in The Law of Transnational Business Transactions. He also teaches international arbitration as an adjunct professor.

Mr. Finizio is recognized as a leading international arbitration lawyer in Global Arbitration Review’s Who’s Who in International Arbitration, Chambers UK, Legal 500, Chambers Global, Chambers Europe, PLC Which Lawyer?, the Euromoney Guide to the World’s Leading Experts in Commercial Arbitration and The Best of the Best. He also is recommended for public international law in Legal 500.

Mr. Finizio is a graduate of Georgetown University (A.B., 1988 magna cum laude), and the University of Chicago Law School (J.D., 1992, with honors, Order of the Coif).

Stefan Kroell

Honorary Professor, Bucerius Law School

Alyona Kucher

Associate Professor of the Department of Civil Law, Lomonosov Moscow State University, Partner, Debevoise and Plimpton LLP

Vasiliy Kuznetsov

Partner, Baker Botts LLP

Dmitry Stepanov

Partner, Egorov Puginsky Afanasiev & Partners


Biography
Education:

Dmitry has a degree from the Moscow State Law Academy (1999, magna cum laude) and the Russian School of Private Law (2001, master’s degree in private law, magna cum laude). He completed his post-graduate studies at the Institute of Legislation and Comparative Legal Studies under the Russian Government and was given PhD in law degree in 2004. Subsequently in 2013 he earned an LL.M degree from Harvard Law School, and in 2015 successfully completed Master of Public Administration program at Harvard Kennedy School.

Professional experience:

As an active voice of the Russian business community interested in the fundamental reform of the Russian Civil Code, Dmitry was recently involved in creation of a new version of the Code as a member of the Non-Profit Partnership for Enhancement of Corporate Law and as a member of the Presidential Task force to create an international financial centre in Moscow. In 2016 Dmitry became a member of the development of the "road map" working group for the improvement of corporate governance at the Agency for Strategic Initiatives, and in 2017 - a member of the Expert Board on Corporate Governance for the Ministry of Economic Development of the Russian Federation.

Other highlights in Dmitry’s experience in drafting of laws include advising the Ministry of Economic Development of the Russian Federation and the Property Committee of the State Duma in respect of a wide range of major legislation, including the Federal Laws on Joint-Stock Companies, on the Securities Market and on Insolvency/Bankruptcy. He was also engaged in a joint project between the Inter-Parliamentary Assembly of the CIS States and the European Bank for Reconstruction & Development (EBRD) for drafting a Model Joint-Stock Law for the CIS countries.

Alongside with his law practice Dmitry teaches at the National Research University "Higher School of Economics", Statute Law School, and the M-Logos institute.

Competence, Specialization:

Dmitry is actively involved in the improvement of Russian legislation and has 15+ years of hands-on experience in corporate law, securities, restructuring and corporate finance, M&A, bankruptcy and commercial litigation.

Achievements and awards:

Dmitry Stepanov is recommended by The Legal 500 (in Corporate and M&A, Banking and Finance, and Shipping and Transport), Best Lawyers (in Corporate, Mergers and Acquisitions, Arbitration and Mediation, and Litigation) and IFLR1000 (in Restructuring and Insolvency).

Michael Swainston QC

Barrister, Brick Court Chambers

Laurence Wong

Senior Business Development Director, Singapore International Commercial Court

Wesley Wong SC

Solicitor General of Hong Kong


Biography

Wesley Wong read law at the University of Hong Kong and was called to the local bar in 1993. He was Deputy Director of Public Prosecutions before serving, since September 2015, as the 5th Solicitor General of the Hong Kong Special Administrative Region. He spends his entire legal career at the Department of Justice, having been posted to different parts of it and undertaking both civil as well as criminal work before the courts or otherwise. The promotion of Hong Kong as a leading international legal and dispute resolution centre comes under the portfolio of the Department’s Legal Policy Division which Mr Wong heads.

Mr Wong was a member of the High Court and Court of Final Appeal Rules Committees and currently sits on the Higher Rights Assessment Board for solicitor advocates. From time to time, he volunteers for the Hong Kong Advocacy Training Council and at local law schools. He has been an accredited mediator since 2009 and was appointed Senior Counsel by the Chief Justice in 2013.

Francis Xavier

Partner, Regional Head, Dispute Resolution, RAJAH & TANN SINGAPORE LLP


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