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3.6. Extraterritorial Effects of National Legislation – Transnational Corporations’ Risks

May 28 2015
10:00 - 11:30
Hall II

Track: 3. Corporate Practice/ International Trade/ Protection of Competition


More rigid control over cross-border capital movements, unstable economic environment and new sanctions expose multinational companies to greater economic and legal risks.

At the roundtable discussion experts will discuss one of the risk factors - extraterritorial effect of national laws. Applied in a number of countries, primarily in the United States and the United Kingdom, this principle is spreading throughout the global community, which contributes to the emergence of new challenges for global companies. Multinational companies more and more often face cross investigations. New business relations with Asian countries lead to an additional risk as they have less advanced legal practices.

The roundtable discussion will address the following key issues: In what situation does extraterritoriality apply? What problems do companies falling under this principle face? And what are the peculiarities of interaction between the law enforcement authorities with Asian countries?

During the roundtable the following issues will be discussed:

  1. Where do the boundaries of national laws end? International law VS national legislation.
  2. Extraterritoriality principle on the example of US legislation. Examples of high-profile cases.
  3. Asian legal framework: Practice of extraterritorial effect of laws.
  4. What should you know about cross-investigation? Pitfalls.
  5. Applicability in competition law. From investigation to litigation.
  6. New deoffshorization cycle or continued fight against off-shores. What has changed since January 1, 2015 and how did business respond?
  7. Suspected violation of competition law. Problems and consequences. Cross-border tax matters.


Oxana Balayan

Managing Partner, Hogan Lovells (CIS)

Alan Thompson

Director, Russo-British Chamber of Commerce


Elena Chelembeeva

Head of Legal Department, Volvo Group Russia

Mark Friedman

Deputy General Counsel, Philip Morris

Andrey Mikonin

Attorney at Law, Head of Litigation, “S&K Vertical”

Daniel Nuedling

Owner, Supervisory Board, FCN Holding Fulda


Education, academic degree:

Assessor Iuris (full lawyer, authorized to work as judge, lawyer and public prosecutor at any level), Master of European and International Business Law (University of St Gallen), M.Sc. (General Management).

Professional experience:

20 years of experience as entrepreneur, investor and supervisory board member.

Professional interests:

Entrepreneurship, Investment Banking, Private Equity, Venture Capital, International Business Law, Lobbying.


Diverse research papers at the University of St. Gallen.

Michael Swainston

Barrister, QC, Brick Court Chambers


Professional experience:

He has a broad commercial litigation and advisory practice in England and overseas across a range of subject areas including international trade, fraud, energy litigation, insurance, reinsurance, banking (including Islamic banking), financial services, shipping (both wet and dry claims), jurisdiction disputes and commercial human rights. He has particular experience in litigation connected with Russia and CIS countries, and recently acted for the Russian Federation in the European Court of Human Rights. Aside from his work in London, he is admitted and practices in the BVI and Dubai, and he also has extensive experience before International Arbitration panels including cases commenced under LCIA, ICC and Bermuda Form rules.

*This schedule may be subject to change