Protecting your business from common risks – The role of English and Russian Law. St. Petersburg

November 17, 2014

17 November 2014

Protecting your business from common risks –

The role of English and Russian Law

(Part 1: Contract Law Issues)

The British-Russian Law Association, the St Petersburg Chamber of Advocates and the Institute of Advocacy are pleased to announce their collaboration in organising a programme of seminars in St Petersburg on the subject of: Protecting your business from common risks – The role of English and Russian Law.

This novel programme will consist of 5 linked seminars to be held over the course of a year in which English and Russian legal experts and business representatives will consider practical techniques under English and Russian law for managing common business risks.

Each of the seminars will consider this issue in a different commercial context, specifically:

(i) a contract for the supply of goods and/or services;

(ii) the purchase of a business;

(iii) the financing of that purchase;

(iv) addressing (post-purchase) an historic fraud or wrongdoing against the business;

(v) dealing with a shareholder’s dispute that has arisen in relation to the business under new ownership.

The seminars will comprise a mixture of:

presentations and panel debates on relevant commercial and legal issues that commonly arise in the contexts referred to above and how best to address them;
an evolving case study in which each of these principles will be applied to a practical problem.

The first seminar will consider How to Protect Your Business when Negotiating and Enforcing a Commercial Contract issues. It will take place on Monday 17 November 2014 at Room 11, 7 Kazanskaya Street, St Petersburg, 191186.

The registration fee for this seminar is 5000 rub (approx. 80 GBP). Deadline for registration is 13 November 2014.

For registration please contact Irina Petrovskaya, tel. +7 (812) 490-75-71, or

email: institut@apspb.ru. Click here to register online.

Seminar 1: Protecting Your Business

When Negotiating and Enforcing a Commercial Contract

9:30 - 10:00

Registration

10:00 – 10:15

Opening re marks: Maxim Semenyako (Council Member of the Saint-Petersburg Chamber of Advocates)

Session 1 – Basic Contractual Principles and Their Application in a Commercial Context

10.15 – 11.45

What is a contract?

Intention to create legal relations; framework agreements; incomplete agreements; parties to the contract (privity of contract; agents + principals; piercing the corporate veil)

What does it mean?

The intentions of the parties; implied terms; changing the terms of the contract (waivers; estoppel; variations)

A Russian lawyer’s experience of English contract law

Common misconceptions

Moderator:

Sergey Golubok, Partner (Semenyako, Golubok & Partners, St Petersburg)

Speakers:

1.Sophie Palmer, Senior Associate (Dentons (UK) LLP, London)

2.Dean Nicholls, Consultant (Gordon Dadds LLP, London)

3.Nina Boer, Managing Partner (Semenyako, Golubok & Partners, St Petersburg)

11.45 12.15

Coffee Break

Session 2 – Common techniques for protecting against risk

12.15 – 13.45

Protection your business against non-payment:

Advance payments, termination rights, retention of title clauses; guarantees, indemnities & performance bonds

Protecting your business against its own breach of contract

Contractual right to cure a breach; limiting and excluding liability

Analogies in Russian law

Moderator:

Artem Zhavoronkov, Partner (Dentons (UK) LLP, St Petersburg)

Speakers:

1. Tatiana Menshenina, Counsel (Simmons & Simmons (UK) LLP. London)

2. Christopher Coffin, Partner (Withers (UK) LLP. London)

3. Vsevolod Baibak, Advocate, Ph.D., (St Petersburg)

13.45 – 15.00

Lunch

Session 3 – What happens if there is a problem with the contract?

15.00 – 16.30

Frustration, force majeure and sanctions

Remedies for breach of contract

damages (including liquidated damages and penalty clauses); specific performance; injunctions; declarations

A Russian perspective

Moderator:

Irina Onikienko, Partner (Capital Legal Services, St Petersburg)

Speakers:

1. Rupert D’Cruz, Barrister (Littleton Chambers, London)

2. Nicholas Scott, Partner (Memery Crystal LLP, London)

3. Anna Leksashova, Associate (Capital Legal Services, St Petersburg)

16.30 – 17.00

Coffee break

Session 4 – Case Study

17.00 – 18.00

In this session a panel of English and Russian law experts will discuss the application of the principles discussed in Sessions 1-3 to the facts of a case study of a breach of a commercial contract between a Russian and an English company.

Moderator:

Rupert D’Cruz, Barrister (Littleton Chambers, London)

Speakers:

1. Victor Dumler, Managing Partner, (Dumler & Partners, St Petersburg)

2. Sergey Krylov (Pulkovo Airport)

3. Tatiana Menshenina, Counsel (Simmons & Simmons (UK) LLP, London

4. Christopher Coffin, Partner (Withers (UK) LLP, London)

18.00 – 19.30

Networking Business Reception

Back to the list

9:30 - 10:00	Registration
10:00 – 10:15	Opening re marks: Maxim Semenyako (Council Member of the Saint-Petersburg Chamber of Advocates)
Session 1 – Basic Contractual Principles and Their Application in a Commercial Context
10.15 – 11.45	What is a contract? Intention to create legal relations; framework agreements; incomplete agreements; parties to the contract (privity of contract; agents + principals; piercing the corporate veil) What does it mean? The intentions of the parties; implied terms; changing the terms of the contract (waivers; estoppel; variations) A Russian lawyer’s experience of English contract law Common misconceptions Moderator: Sergey Golubok, Partner (Semenyako, Golubok & Partners, St Petersburg) Speakers: 1.Sophie Palmer, Senior Associate (Dentons (UK) LLP, London) 2.Dean Nicholls, Consultant (Gordon Dadds LLP, London) 3.Nina Boer, Managing Partner (Semenyako, Golubok & Partners, St Petersburg)
11.45 12.15	Coffee Break
Session 2 – Common techniques for protecting against risk
12.15 – 13.45	Protection your business against non-payment: Advance payments, termination rights, retention of title clauses; guarantees, indemnities & performance bonds Protecting your business against its own breach of contract Contractual right to cure a breach; limiting and excluding liability Analogies in Russian law Moderator: Artem Zhavoronkov, Partner (Dentons (UK) LLP, St Petersburg) Speakers: 1. Tatiana Menshenina, Counsel (Simmons & Simmons (UK) LLP. London) 2. Christopher Coffin, Partner (Withers (UK) LLP. London) 3. Vsevolod Baibak, Advocate, Ph.D., (St Petersburg)
13.45 – 15.00	Lunch
Session 3 – What happens if there is a problem with the contract?
15.00 – 16.30	Frustration, force majeure and sanctions Remedies for breach of contract damages (including liquidated damages and penalty clauses); specific performance; injunctions; declarations A Russian perspective Moderator: Irina Onikienko, Partner (Capital Legal Services, St Petersburg) Speakers: 1. Rupert D’Cruz, Barrister (Littleton Chambers, London) 2. Nicholas Scott, Partner (Memery Crystal LLP, London) 3. Anna Leksashova, Associate (Capital Legal Services, St Petersburg)
16.30 – 17.00	Coffee break
Session 4 – Case Study
17.00 – 18.00	In this session a panel of English and Russian law experts will discuss the application of the principles discussed in Sessions 1-3 to the facts of a case study of a breach of a commercial contract between a Russian and an English company. Moderator: Rupert D’Cruz, Barrister (Littleton Chambers, London) Speakers: 1. Victor Dumler, Managing Partner, (Dumler & Partners, St Petersburg) 2. Sergey Krylov (Pulkovo Airport) 3. Tatiana Menshenina, Counsel (Simmons & Simmons (UK) LLP, London 4. Christopher Coffin, Partner (Withers (UK) LLP, London)
18.00 – 19.30	Networking Business Reception