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Digest 79

November 1, 2017 Subsribe

SPBILF News

The nomination for the St. Petersburg International Legal Forum Private Law Prize is open till November 15, 2017

The conferral of this truly global academic award is intended as a testimony of its winner’s ultimate academic excellence, while the cash prize component is meant to advance the realization of the laureate’s ideas of worldwide significance. Read more►

We firmly believe that the St. Petersburg International Legal Forum Prize will become an internationally recognized benchmark of academic achievement in private law, while the implementation of the prize winners’ outstanding ideas will contribute to making this world a fairer and better place.

SPBILF 2018 early bird registration is open.

LF Conferences

Eurasian Anti-Cartel Forum to be held on November 24, 2018 under the auspices of the Federal Antimonopoly Service of the Russian Federation.

The Conference will be organized as a series of moot sessions. The participants will take part in a simulated international investigation of a cartel agreement from the moment when it is revealed in the company and until sanctions are imposed and suits are brought in various jurisdictions.

The speakers will go step by step through practical ways how to resolve the situation from the moment the anti-competitive agreement within the company was revealed and until the case is brought before the court.

For more information and to register please visit http://anticartel.lfacademy.ru/en/


Highlights of the conference “Arbitration In Spotlight: Enforcement Of Arbitral Awards And Interaction With State Courts After The Arbitration Reform” ►

Highlights of the conference “Russia And The European Court Of Human Rights: Enhancing The Dialogue” ►

Upcoming Events

On October 23, Moscow hosted a conference titled Arbitration in Spotlight: Enforcement of Arbitral Awards and Interaction with State Courts after the Arbitration Reform

The conference was organized by LF Academy educational portal and Arbitration Centre at the Institute of Modern Arbitration supported by St Petersburg International Legal Forum.

Conference recording will be available at www.LFAcademy.ru

The conference that continued the series of LF Academy events about arbitration dealt with first results of the arbitration reform, including the enforcement of arbitration awards and issues of post-reform interaction between arbitration tribunals and state courts.

Members of leading Russian and foreign arbitration institutions joined outstanding arbitration experts practising in various jurisdictions to discuss the most relevant and important matters of practice of Russian and foreign courts.

First session Russian Arbitration: Quo Vadis? First Outcomes of the Reform dealt with main post-reform trends in development and promotion of arbitration in Russia. Speakers raised the issue of combating potential abuse by arbitral institutions not authorized by the Russian government to administer arbitration, reviewed the practice of using arbitration institutions in the Eurasian Economic Union and found out whether domestic disputes without a foreign element can be submitted to a foreign arbitration. Among the session’s participants were Fyodor Vyacheslavov, partner, VLawyers law firm; Evgeniya Goriatcheva, legal counsel, Permanent Court of Arbitration, the Hague; Andrei Gorlenko, executive administrator, Arbitration Centre at the Institute of Modern Arbitration; Tatyana Neshataeva, judge, Court of the Eurasian Economic Union. The first session was moderated by Anton Asoskov, member of the Presidium and head of the Nominating Committee for Corporate Disputes, International Commercial Arbitration Court (ICAC).

A special mini-session was dedicated to practical aspects of arbitration in Hong Kong. Joe Liu, managing counsel, HKIAC, gave his overview of the guide to the HKIAC Arbitration Rules released in 2017 and proposed amendments thereto.

The second session titled State Courts and Arbitration: Annulment, Recognition and Enforcement of Arbitral Award in Russia and Abroad discussed anti-suit injunctions in the practice of foreign state courts and implications of Brexit for international arbitration proceedings. The speakers raised the question of recognition and enforcement of arbitral award annulled by state court at the seat of arbitration in Russia and abroad, as well as assistance of state courts in taking evidence for arbitration in Russia. Another topic that was discussed there was waiver of the right to annul an arbitral award in a state court. Alexei Dudko, partner and head of Russian dispute resolution practice, Hogan Lovells, moderated the discussion. The speakers included Andrei Panov, senior associate, Norton Rose Fulbright; Ilya Rachkov, partner, King & Spalding; Yury Babichev, head of Group, International Arbitration, Cross-Border Litigation, Shareholder Dispute, Goltsblat BLP LLP; Chiann Bao, counsel at Skadden, Arps, Slate, Meagher & Flom LLP; Klaus REICHERT SC, Barrister, Brick Court Chambers; Artem Doudko, counsel, White & Case LLP.

The third session hosted an interactive practical workshop on How to Make Recognition and Enforcement of an Arbitral Award Efficient. Leading arbitration experts shared their experience on how to draft an arbitration clause; what to take into account while preparing for the proceedings in a state court; how to enforce an arbitral award in case of the bankruptcy of the debtor; how to make use of interim reliefs during the enforcement proceedings; and how to trace the debtor’s assets in several jurisdictions worldwide. The session's speakers were Evgeny Raschevsky, partner, head of International Arbitration and Litigation practice, Egorov Puginsky Afanasiev & Partners; Anna Grishchenkova, partner, KIAP; Andrei Zelenin, managing partner, head of Dispute Resolution Practice, Lidings; Maxim Kulkov, managing partner, Kulkov, Kolotilov & Partners; Ashley Messik, director, Dispute Consulting team, GPW, London; Egor Misyura, director of Risk Management Department, KPMG. The workshop’s moderator was Alexei Abramov, director of KPMG Law, KPMG Russia and CIS.

The conference ended with a cocktail party, which gave the participants and speakers an opportunity to speak informally and discuss the results of their work.

 

Conference partners: KPMG, Lidings and Kulkov, Kolotilov & Partners law firms.

Organized by LF Academy educational portal and Arbitration Centre at the Institute of Modern Arbitration supported by St Petersburg International Legal Forum.

Highlights of the conference “Russia And The European Court Of Human Rights: Enhancing The Dialogue”

Россия и ЕСПЧ: право быть услышанным

The Conference by LF Academy titled Russia and the European Court of Human Rights: Enhancing the Dialogue took place in Moscow under the auspices of St Petersburg International Legal Forum

The conference served as a platform for different and sometimes contradictory views, yet all agreed on one thing: the European Convention is a vital tool to ensure international standards of human rights and fundamental freedoms in common European space, and all Convention member states, including Russian Federation, must make sure that they fulfil their conventional obligations, including the implementation of its provisions and the ECHR's practice in national legal frameworks.

Russia’s Minister of Justice Alexander Konovalov delivered a welcoming address, in which he said that “One of the tasks of today's conference is to leverage the experience of the competent experts to discuss the issues at hand in an open and candid manner and to find ways to address the arising challenges or at least to be on the same page when dealing with them” .

Mr Konovalov pointed out that in recent years there has been a consistent downward trend with regard to the number of the applications lodged in the ECHR against the Russian Federation: in the past four years their number dropped by a factor of 3.5 and is now below 8,000.

The minister of justice specifically thanked the conference organizer, LF Academy educational portal, and noted that the conference recording will be publicly available to the expert community at www.LFAcademy.ru

“You should not be afraid of the questions; you should be afraid of the lack of dialogue” , said Christos Giakoumopoulos, director general of the Directorate of Human Rights and Rule of Law, Council of Europe, in his opening speech.

He pointed out that Russia’s enforcement of judgments by European Court of Human Rights is rather effective, which he views as beneficial for both Russian citizens and the European Convention system. Mr Giakoumopoulos thanked the Minister of Justice of the Russian Federation Alexander Konovalov and Representative of the Russian Federation at the ECHR, Deputy Minister of Justice of the Russian Federation Mikhail Galperin for initiating this discussion.

“The conference's title reflects our biggest challenge” , said the Chairman of the Council of the Federation Committee on Constitutional Legislation and State-Building Andrei Klishas when he opened LF Academy’s conference Russia and the European Court of Human Rights: Enhancing the Dialogue. He expressed a hope that all conference participants would support the right to be heard in the dialogue.

Mr Klishas stressed that Russia would remain committed to the Convention for the Protection of Human Rights and Fundamental Freedoms yet it wished that historic legal traditions of the states would be taken into consideration in its interpretation.

The relevance of the first session, Application of “Effective Control” Concept by ECHR: Legal Consequences of Application and Approaches of Other International Bodies, is hard to overestimate because in its several judgments on the cases against the Russian Federation the ECHR applied its own doctrine of “effective control,” which broached difficult questions requiring a discussion and coordinated approaches to address them.

The session was moderated by Anatoliy Kovler, head of the Centre for Problems of Integration and International Cooperation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, judge of the European Court of Human Rights from 1998 to 2012. Before the discussion he recollected the preparation of the first article of the European Convention and concept of “effective control.”

Judge and Section President of the European Court of Human Rights Robert Spano made a presentation titled Question of State’s Jurisdiction: the Trends of the European Court’s Case-Law in the Light of International Law.

“The responsibility of all system participants and the need for dialogue is on the rise now. We must unite to ensure the efficiency of the system; that would have given an advantage to all European citizens. This is only possible through dialogue and that is exactly why I came and take part in this conference,” Mr Spano said.

Michele de Salvia, former jurisconsult of the European Court of Human Rights, addressed the issue of exterritorial jurisdiction under the Convention for the Protection of Human Rights and Fundamental Freedoms. This theme was followed up by Aleksei Ispolinov, PhD, head of the Department of International Law, Lomonosov Moscow State University.

Philippe Boillat, former director general of the Directorate General of Human Rights and the Rule of Law of the Council of Europe explained the finer points of the two concepts of “effective control” and “decisive influence” and reviewed their effects on execution of judgments.

“This conference is indeed very timely and relevant. It is extremely important to enhance the dialogue between all those who take part in the implementation of the European Convention. Ensuring the dialogue is a basis for fair understanding and implementation of collective responsibility,” Mr Boillat pointed out.

Head of the International Law Practice Group and partner at Ivanyan & Partners Vasily Torkanovskiy concluded the first session's discussion with the speech on Effective Control as a Test for State Jurisdiction.

Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation Mikhail Galperin summed up the first session: “As I see it, the main outcome of the discussion is that the conference participants that include prominent Russian and foreign experts could express their reasoned stance in an open and frank dialogue and discuss it in order to facilitate our joint progress. The proceedings of the first session will further promote the dialogue to find joint solutions and they will also have a practical applicability.”

The session International Standards and Principles of Enforcing Freedom of Speech Right in the Light of ECHR Practice posed difficult questions to the participants. Where are the boundaries of the freedom of speech? How to distinguish a value judgment from a statement? What are the limits for criticising politicians in the media? How to ensure a balance between protection of the right to respect for private life and the right for freedom of expression?

Natalia Brady, registry, European Court of Human Rights, gave an overview of the recent trends in the ECHR’s case-law on freedom of expression.

Adviser to the President of Russian Federation, Chairman of the Presidential Council for Civil Society and Human Rights Mikhail Fedotov provided his insight to the issue on freedom of speech.

“We live in a different era. Cyberspace sets new tasks to us. It is safe to say that they represent an ever-expanding universe because its boundaries are limited not by the number of users but by the amount of Internet resources. And so far global Internet governance is mostly limited by unification of software solutions, whereas the capabilities of legal regulation are very limited,” noted Mr Fedotov.

Dmitry Dedov, elected judge from Russian Federation, European Court of Human Rights, spoke about the context of freedom of expression in today's Russia in his presentation Russian Cases Regarding Protection of Freedom of Speech in the European Court of Human Rights. Mr Dedov paid special attention to practice in the application of Article 10 (Freedom of Expression) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Mr Dedov specified that the ECHR does not always acknowledge the violation of art. 10: “It is important that people really express their opinions at demonstrations. These opinions can be expressed, inter alia, by performing certain acts.”

Genevieve Mayer, head of the Department of Execution of Judgements of the European Court of Human Rights, Directorate General of Human Rights and Rule of Law, Council of Europe, made a presentation titled Implementation of the Court’s Judgments Regarding Freedom of Expression: Achievements and Challenges.

Alexei Kartsov, principal adviser, Constitutional Court of the Russian Federation, spoke about freedom of speech in legal positions of the Constitutional Court of the Russian Federation.

Anita Soboleva, associate professor, Department of Theory and History of Law, Higher School of Economics National Research Institute, concluded the discussion. Having compared old approaches and new trends, she spoke about the evolution of the ECHR practice on freedom of expression.

Speakers’ informative presentations and numerous questions by the participants representing various areas demonstrated the relevance of this topic to the society and the need for progress in this direction.

Summing up the conference, Representative of the Russian Federation at the European Court of Human Rights – Deputy Minister of Justice of the Russian Federation Mikhail Galperin pointed out: “The discussion and conference proceedings will be very practical to all Russian public authorities and bodies of the Council of Europe. We all proceed from the fact that the end goal of our activity is to ensure the protection of human rights and civil liberties from Lisbon to Vladivostok.”

In conclusion Mr Galperin stressed that resolution of any problematic issues begins with constructive dialogue that gives the right impetus for practical changes. LF Academy’s conference Russia and the European Court of Human Rights: Enhancing the Dialogue proved to be very useful in this regard.

 

Conference organizers: LF Academy educational portal and Centre for International and Comparative Law supported by Ministry of Justice of the Russian Federation and St Petersburg International Legal Forum.

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