SPBILF 9 ¾ News
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SPBILF 9 ¾ News
A column providing details of themes which will become the key topics to discuss at the Forum.
Discussion Session 'Special Administrative Regions: Results of Operation and Prospects for Further Development'
The SAR regime has been established and is successfully operating on the island Russkiy (Primorsky Krai) and on the island Oktyabrsky (Kaliningrad Region) since august 2018, when a package of laws was adopted aimed at creating conditions and mechanisms for the return of Russian and attracting foreign business from foreign jurisdictions.
The adoption of federal laws created mechanisms for a quick and convenient way to transfer foreign legal entities to the SAR through the redomicilation procedure, with the replacement of the legal address while maintaining the corporate structure.
The idea of redomicillation as a tool to increase the attractiveness of the Russian jurisdiction and attract foreign companies has shown its relevance and at the moment 42 international companies have already been redomiciled in the SAR.
In addition, since November 2019, the possibility of registering international funds that perform managerial (including asset ownership and management), social or other non-commercial functions in the territory of the SAR has been introduced, and in March 2020, the first international fund was registered in the SAR.
In connection with these circumstances, the issues of further improvement and development of the SAR are a priority for both the business community and the government as a whole.
During the session, it is proposed to discuss the following issues:
- Marina Rozhkova, Chief Researcher at the Institute of Legislation and Comparative Law under the Government of the Russian Federation, President of IP CLUB
- legislative initiatives related to the regulation of participants in the SAR;
- features of the functioning of international companies and funds in the SAR;
- conditions created for Russian legal entities and their comparative characteristics with the world's leading jurisdictions;
- feedback from SAR residents.
Moderator Ilya Torosov – Deputy Minister of Economic Development of the Russian Federation
Arbitration Battle Online: Cross-Examination
Over this year, virtual hearings have become an integral part of everyday routine of dispute resolution specialists. All this time, the questions whether the parties have the right to a physical hearing, is it possible to present the position through the monitor screen, which methods should be used in virtual cross-examination have been at the center of an active debate.
The participants of the Arbitration Battle Online will have the opportunity to experience if virtual hearings may be efficient in the course of the mock arbitration based on the real event – the fire in the Saint Petersburg Winter Palace in 1837.
Participants will consider, inter alia, the possibility of filing a claim by a non-signatory and try to outline the scope of disputes falling within the arbitration clause. Additionally, the participants will reproduce one of the most challenging stages of arbitration – cross-examination.
The sole arbitrator of the moot will be Dr. Patricia Shaughnessy, former SCC Vice-Chairperson, supervisor of the Master of International Commercial Law Program at Stockholm University.
Workshop ‘Plead Bright like a Diamond: Key Components of Successful Pleadings in Arbitration’
Oral hearings are justifiably considered to be the most important part of arbitration: sometimes an outcome of a dispute can totally depend on party’s oral pleading skills and persuasive talents. At the same time, legal culture in different jurisdictions, obviously, determines different approaches in presenting cases before courts and arbitrators.
Relying on the example of the Arbitration Battle Online, the participants of the workshop will discuss various techniques and methods of presenting position in arbitration, paying attention to the peculiarities of common and civil law tradition. Additionally, the participants will discuss the secrets of preparation for cross-examination and different techniques used.