Managing Contractual Risk under English and Russian Law
July 11, 2012
Seminar & Networking Business Reception
Organised by the British Consulate General in Ekaterinburg and the BRLA
Sponsored by Clyde & Co, Salans, Simmons & Simmons, Withers, Wragge & Co
Venue: Business Centre Paladium, Ekaterinburg, Russia
Managing Contractual Risk under English and Russian Law
English law continues to be the preferred choice of law for international contracts involving Russian parties. It is a common choice, particularly, in M&A transactions, loan agreements and international commodity sales. What are the reasons for this? English contract law is acknowledged widely to be flexible and therefore adaptable to the commercial needs of businesses but how (in practical terms) can this flexibility be applied to protect the competing interests of parties to in these cases?
There is now active debate about the need for Russian contract law to develop its own flexible techniques to meet the priorities of businesses so as to provide a genuine alternative choice of law for Russian companies. Much of this discussion is currently taking place in the context of significant proposed changes to the Russian Civil Code. What are the current techniques available in Russian law for minimising contractual risk? To what extent will the legislative changes currently being proposed extend the choice of tools available for minimising contractual risk?
Representatives of leading English and Russian law firms debated these issues and shared their practical experience on these matters particularly in the context of simple and sophisticated loan agreements, M&A contracts and sale and purchase agreements.
The seminar was held on Wednesday 11 July 2012 at Business Centre Paladium, 2nd Floor, 10 Khokhryakova Street, Ekaterinburg, Russia
Sponsors
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Managing Contractual Risk under English and Russian Law
Programme
13.15 – 13.45 |
Registration |
13.45 – 14.00 |
Creating a stable investment climate by protecting property and commercial rights – the role of English contract law Barbara Habberjam, Minister-Counsellor for Economic Issues, British Embassy Moscow Rupert D’Cruz , Secretary of the British-Russian Law Association |
Session 1 – Managing Contractual Risk Under English Law |
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14.00 – 14.20 |
General techniques for managing contractual risk under English law David Marshall (Wragge & Co, London) |
14.20 – 14.40 |
Protecting the rights of lenders and borrowers under English law Stephen Ross (Withers, London) |
14.40 – 15.00 |
Protecting the rights of seller and purchasers under English law Andrew Tobin (Clyde & Co, London) |
15.00 – 15.20 |
Questions & Answers |
15.20 – 15.40 |
Coffee Break |
Session 2 – Managing Contractual Risk Under Russian Law & Contractual Options for Dispute Resolution |
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15.40 – 16.10 |
Managing Contractual Risk – A Russian Law Perspective (including an analysis of relevant articles of the proposed new Civil Code) Karina Chichkanova (Salans, St Petersburg) |
16.10 – 16.30 |
Anticipating and dealing with disputes under English law Tatiana Menshenina, (Simmons & Simmons, London) |
16.30 – 16.50 |
Anticipating and dealing with disputes under Russian law Elena Artyukh (Lev & Lev, Ekaterinburg) |
16.50 – 17.15 |
Questions & Answers Closing Remarks |
17.15 – 18.30 |
Networking Business Reception |