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NORTH AMERICA I EUROPE I MIDDLE EJ..ST I LAT N AMERICA I ASIA

PROGRAM PLANNING COMMITTEE

The listing of the Planning Committee was compiled as accurately as possible from Section records. If we have omitted your name or have it listed incorrectly, we sincerely apologize.

SECTION CHAIR 2014-2015Marcelo Bornbau- M. & M. Bomchil Abogados • Buenos Aires, Argentina

CONFERENCECO-CHAIRSRupert D'Cruz' Littleton Chambers' London, United Kingdom

Glenn P. Hendrix' Arnall Golden Gregory LLP • Atlanta, Georgia, USAAnna Kozmenko • Schellenberg Wittmer' Zurich, Switzerland

lIya Nikiforov • Egorov Puginsky Afanasiev & Partners' SI. Petersburg, RussiaAndrey Zelenin • Lidinngs • Moscow, Russia

CONFERENCEDEPUTYCO-CHAIRSTimur Aitkulov • Clifford Chance' Moscow, Russia

Gene Burd' Arnall Golden Gregory LLP • Washington, DC, USARussell L Carlberg' United States Department of State' Moscow, RussiaChristopher R. Kelley' University of Arkansas School of Law' Fayetteville,

Arkansas, USAPetter Pettibone' Hogan Lovells LLP • New York, New York, USA

STEERING COMMITTEEFrancesca Albert· Herbert Smith· Moscow, Russia

Marney Cheek' Covington & Burling LLP • Washington, DC, USAMarian Dent· Pericles' Moscow, Russia

Svetlana Derkach • ICC Russia' Moscow, RussiaOleksiy Didkovskiy • Asters' Kiev, Ukraine

Laura Hardin' Alvarez and Marsal, Houston, Texas, USAMaksym Kodunov • Integrites Law· Kyiv, UkraineMaria Kostytska • W & S SELARL • Paris, France

Tamir Livschitz • Niederer Kraft & Frey Ltd • Zurich, SwitzerlandBruce Marks' Marks & Sokolov, LLC • Moscow, Russia

Nick Marsh, DLA Piper UK LLP • London, United KingdomMichelle Mattingly' American Bar Association Section of International Law·

Washington, DC, USAVladimir Melnikov • Herbert Smith, Moscow, Russia

Alexander Muksinov • Muanov, Chernyakov & Partners' Moscow, RussiaAlexandra Orlova • ICC Russia' Moscow, RussiaAnna Philippova • Lidings • Moscow, RussiaAndriy Pozhidayev • Asters' Kiev, Ukraine

Noradèle Radjai • Lalive • Geneva, SwitzerlandSteven Richman' Duane Morris' Princeton, New Jersey, USA

Daniel Rothstein' Law Office of Daniel J. Rothstein, P.C.• NewYork, NewYork, USA

Martina Rozumberkova • BOO, Boston, Massachusetts, USAMiroslava Schierholz • International Centre for Dispute Resolution'

Moscow, RussiaTrina Sen' Kaspersky Lab' Moscow, Russia

Jessica L. Smith, American Bar Association Section of International Law·Washington, DC, USA

Thomas Sullivan' Marks & Sokolov, LLC • Philadelphia, Pennsylvania, USAElena Uspenskaya • Kachkin & Partners' SI. Petersburg, Russia

Alexander S. Vesselinovitch • Kalten Muchin Rosenman LLP • Chicago,Illinois, USA

Julia Zhabina • Lidings • Moscow, Russia

PROGRAM AGENDAAll events to be held at the Radisson Royal Hotel Moscow at 211bid 1Kutuzovskiy prospect, Moscow, Russia unless otherwise indicated.

Conference materials ma be found on our website at htt :llambar.o~ Imoscow2014.-----Conference Hall9:15 AM - 9:30 AM WELCOME & OPENING REMARKS

Lynne Tracy, Deputy Chief of Mission, Embassy of the United States, Moscow, Russia9:30 AM -11:00 AM OPENING PLENARYThe Merger of the Supreme Arbitrazh (Commercial) Court and the Supreme Court of General Jurisdiction: Implications for the Administration of

Justice, the Resolution of Commercial Disputes and International Arbitration in RussiaConference HallThe merger of the Supreme Arbitrazh (Commercial) Court (SAC) and the Supreme Court (SC) of general jurisdiction has given rise to both hopes and fears forthe future of Russia's judicial system. Critics of the measure, which President Vladimir Putin signed into law in February 2014, note that the SAC was earninga reputation for independence, transparency and professionalism, and worry that its demise will degrade the business climate in Russia. Supporters of themerger maintain that it will enhance consistency in judicial practice, noting that in some cases, the decisions of the SAC and SC conflicted with one anotherand that the parallel court structure encouraged forum shopping. A panel of judges and leading legal analysts and practitioners will consider the followingissues, among others:

• whether some of the SAC's best practices, such as its much-praised "e-justice" system, will survive the merger;• whether case precedent, which had assumed increased importance in the SAC's decision-making, will continue to playa significant juridical role;• the composition of the highest organs of the merged court responsible for issuing binding interpretations and summaries of judicial practice

(information lellers);• possible consequences of transferring the seat of the SC from Moscow to SI. Petersburg;• whether the measure will accelerate or diminish the outflow of Russian-related disputes to foreign courts or impact efforts to promote Russia as a

seat of international arbitration; and• other possible implications (both positive and negative) of the merger on the administration of justice and the resolution of business disputes in

Russia.The new Supreme Court complex to be erected in SI. Petersburg will feature the Latin maxim, Lex Semper Intendit Qvod Convenit Rationi. Will the workingsof the merged Court indeed embody this maxim?Program Chairs:Russell Carlsberg, Embassy of the United States, Moscow, RussialIya Nikiforov, Egorov Puginsky & Partners, SI. Petersburg, RussiaSpeakers:Maxim Atayants, architect, painter, head of the architectural studio of Maxim Atayants, SI. Petersburg, RussiaRustam Kurmaev, Goltsblat BLP, Moscow, RussiaVladislav Starzhenetsky, Ph.D., privat dozent, Moscow, RussiaVladimir Yarkov, Ural State Law Academy, Ekaterinburg, Russia

LALIVESponsored by: Ococv« Doha Zu"ch

11:011AM -11 :30 AM NETWORK~NGBREAK

11:311AM -1 :00 PM CONCURRENT SESSiON No.1lawyer Ethics in Dispute Resolution: A Cross-Border Analysis of WhatVou Can and Cannot DoConference Hall Summer Hall

Mak:ing CIS-Related Disputes "Stick" in Non-CIS Courts: AddressingPersonal Jurisdiction and Forum Non Conveniens

The standards governing the behavior of legal representatives in advocatingfor their clients and the consequences of their actions differ from country tocountry. These standards can affect the submission of facts and evidence incourt, interaction with witnesses, experts and representatives of other parties,the filing of motions for recusal, conflicts of interest, and more. Whatlawyerscan do in the courts of one country sometimes seems unthinkable to lawyerspracticing in another country. One must be prepared for this when dealingwith cross-border disputes.This issue is most keenly felt in international arbitration, whererepresentatives of different jurisdictions must work directly with one another.As lawyers from diverse countries and with varying levels of experience areincreasingly involved in international arbitration, this has prompted discussionof the need for formal harmonization of lawyer ethics. Last year saw theadoption of the IBA Guidelines on Party Representation in InternationalArbitration. And even more recently draft LCIA rules were published sellingforth certain requirements applicable to party representatives as well assanctions for their infringemenl. Are such formal requirements reallynecessa and can we soon expect to see more such initiatives from other

The benefits of foreign civil procedure and remedies have allracted plaintiffsto file many high-profile CIS-related cases in non-CIS courts, even at the riskof losing the bailie over the forum. Such a strategy can yield valuable by­products, including evidence about the defendant's assets and operations.Yet not all such cases "stick" in the non-CIS court. For an outsider, it can bedifficult to distinguish between CIS-related cases over which a non-CIS courtwill or will not retain jurisdiction. For instance, one U.S. court dismissed acase against Oleg Deripaska involving the ownership of the NovokuznetskAluminum Zavod, holding that "[t]he case simply doesn't belong in the courtsof the United States," and yet another U.S. court allowed a lawsuit to proceedagainst a Russian company for $3.6 billion for alleged wrongdoing related tothe denial of rights to develop a diamond field in Russia. Likewise, theEnglish courts retained jurisdiction over a dispute between Michael Cherneyand Oleg Deripaska regarding a substantial ownership stake in Rusai,Russia's biggest mining company, and yet many other high profile CIS­related disputes are dismissed from English courts for lack of personaljurisdiction or based on the doctrine of forum non conveniens. Similarexamples could be cited in other jurisdictions. Why do some CIS-related

1:00 PM - 2:30 PM NETWORKING LUNCHEON

arbitration centers?These questions are of particular interest for practicing Russian lawyers. Theneed for uniform regulation of the legal profession in Russia has been a topicof discussion for quite some time, but as yet there have been no results.What can international experience bring to the table when it comes todeveloping a Russian code of ethics for legal representatives, and what willbe the consequences of adoption of such a code?In this session leading L&DR experts from England, Germany, Russia andthe United States will address what one can and cannot do in theirjurisdictions and discuss the need for a common denominator when it comesto lawyer ethics.Program Chair:Alexander S. Vesselinovitch, Kalten Muchin Rosenman LLP, Chicago, IL,USAProgram Chair & Speaker:Timur Aitkulov, Clifford Chance, Moscow, RussiaModerator:Glenn P. Hendrix, Arnall Golden Gregory LLP, Atlanta, GA, USASpeakers:Kristin Campbell-Wilson, The Arbitration Institute of the StockholmChamber of Commerce (SCC), Stockholm, SwedenBoris Karabelnikov, Moscow School of Social and Economic Sciences,Moscow, RussiaAnke Sessler, Skadden Arps, Frankfurt, GermanyDarya Shirokova, International Court of Arbitration, Paris, France

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disputes stick in non-CIS courts, while others never reach a resolution on themerits? This panel will examine how common law and civil law systems haveapplied jurisdictional principles (and, in certain jurisdictions, the doctrine offorum non conveniens) in CIS-related disputes and will offer tips both forthose who would seek to bring such cases and those who would seek toavoid them.Program Chair:Daniel Rothstein, Law Office of Daniel J. Rothstein, P.C., New York, NY,USASpeakers:Rupert D'Cruz, Littleton Chambers, London, United KingdomManuel Liatowitsch, Schellenberg Wittmer, Zurich, SwitzerlandDavid Pinsky, Covington & Burling LLP, New York, NY, USAFeodor Vyacheslavov, ALRUD, Moscow, Russia

The New Russian IP Court: Taking Stock Oille Year On2:30 PM - 4:00 PM CONCURRENT SESSION NO.3

Corporate Disputes in a CIS Context: Mal1aging Conflicts BetweenSuccessive Generations of ShareholdersConference Hall

The concept of a specialized court to resolve intellectual property rightdisputes goes back to the late Soviet period. Indeed, a law enacted in 1991would have provided for a "Patent Court." Although the concept was oftenrevisited following the establishment of the Russian Federation, it took overtwenty years to actually implement il. Effective 1 February 2013, aspecialized court for intellectual property rights (the IPR Court) wasestablished within the system of commercial (arbitrazh) courts of the RussianFederation. With the IPR Court having finally become a reality and now in itssecond year of deciding cases, a panel including leading practitioners and arepresentative of the IPR Court will examine the following topics, amongothers:

• The IPR Court's place within the Russian court system,competence, structure, rules of procedure, first case statistics

• Disputes involving foreign companies• Use of technology and innovation• Collaboration with industry experts and foreign consultants• Comparison to specialized IP courts in other jurisdictions• Impact on the IP disputes landscape in Russia

Program Chair & Moderator:Andrey Zelenin, Lidings, Moscow, RussiaSpeakers:Dmitry Viktorovich Afanasiev, Court of Intellectual Property of the RussianFederation, Moscow, RussiaAlexey Bolshakov, BASF, Moscow, RussiaBruce A. McDonald, Buchanan Ingersoll & Rooney PC, Washington, DC,USAAnton Pushkov, Skolkovo Foundation - Intellectual Property Center,Moscow, Russia

Summer Hall

Tensions often arise between successive generations of shareholders.Founders, business angels, seed investors and venture capitalists frequentlyhave different priorities and mutually inconsistent ideas about themanagement of a company and its future direction. This conflict of interests isthe cause (and the context) of many CIS related corporate disputes. Thesedisputes raise legal, commercial and strategic challenges that arbitration andlitigation practitioners can anticipate. In this session a panel of leadinginternational experts from Russia, Switzerland, UK and U.S. will debate bestpractice and practical strategies for dealing with these issues.Program Chair:Noradèle Radjai, Lalive, Geneva, SwitzerlandModerator:Alexander Troller, Lalive, Geneva, Switzerland

Speakers:Gene Burd, Arnall Golden Gregory LLP, Washington, DC, USAAnna Grischenkova, FBK Legal, Moscow, RussiaAdrian Lifely, Osborne Clarke, London, United KingdomJulia Zagonek, White & Case, Moscow, Russia

4:00 PM - 4:30 PM NETWORKING BREAK

Sponsored by: STEPHENSONHARWOOD

4:30 PM - 6:15 PM PLENARY SESSIONIn-House Counsel Perspectives on the Resolution of CIS·Related Disputes

6:30 PM - 8:00 PM CLOSING RECEPTION

Conference HallIn addition to the normal concerns that in-house counsel express when confronted with matters that may result in litigation, arbitration or ADR-namely, howcan the process of resolving the matter be handled efficiently and economically-this panel, consisting of in-house counsel at major Russian and CIScompanies, will address concerns that are particular to litigation, arbitration and ADR involving Russian and CIS companies in Russia and the CIS or abroad.

Program Chair:Nick Marsh, DLA Piper UK LLP, London, United KingdomProgram Chair & Moderator:Peter Pettibone, Hogan Lovells LLP, New York, New York, USASpeakers:Alevtina Kamelkova, General Counsel Russia & CIS, Alcatel-Lucent, Moscow, RussiaAlexander Korogodov, Chief International Counsel, Alfa Bank, Moscow, RussiaEvgenia Loewe, Head of Foreign Litigation, Renova Group, New York, NY, USATatiana Minaeva, Partner, Stephenson Harwood and formerly in-house counsel, London, United KingdomWilliam Spiegel berger, Director of International Legal Practice, RUSAL, Moscow, RussiaPeter Wolrich, Partner, Curtis Mallet, Paris, France

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The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, ÄZ., CA, CO, DE, GA, GU, HI, lA, IL, IN, KS, KY, LA, MN, MS,MO, MT, NM, NV, NY, NC, NO, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for creditbefore the program occurs. This course is expected to qualify for 7.5 CLE credit hours in 60-minute states, and 9.0 credit hours in 50-minute states. Thistransitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visithttp://ambar.org/moscow20130r contact Michelle Mattingly at michelle.mattingly@americanbar.org.

Conferencematerials may be found on our website at http://ambar.org/moscow2014.

Scholarships are available for this program. For more information please contact Michelle.Mattingly@americanbar.org.

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