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5.4. From War to Peace! Modern Trends of the Judicial Practice Development in the Field of Amicable Settlement Agreements and Other Conciliation Procedures

Thursday, 17 May
16:30 - 18:00

Hall #4, General Staff Building (6-8, Dvortsovaya sq.)

Amicable settlement agreements in today's judicial practice is quite a popular tool for putting an end to a dispute. The growing complexity and scope of disputes, lengthy court proceedings, enforcement problems – all these factors have had a major impact on the attitude of both courts and parties to disputes to amicable settlement agreements. A correctly concluded amicable settlement agreement often helps to achieve the results to which the parties are unlikely to be able to come in court. Therefore, the most high-profile arbitration cases between major players have been increasingly settled amicably lately.

In today's judicial practice, an amicable settlement agreement is not just a way of putting an end to a particular dispute but is often a resolution of the conflict between entities as a whole.

This results in the changing requirements to the content of amicable settlement agreements and the changing attitude of courts to their approval. Today, arbitration courts approve amicable settlement agreements based on such requirements which could not be imagined as the basis of amicable settlement agreement conclusion just a few years ago.

The global experience of using amicable settlement agreements for dispute completion, as well as using other conciliation procedure not yet widely spread in the Russian practice is of help.

Russian and foreign lawyers and representatives of state authorities will take part in the session.  The mission of the speakers is to define the development trends of the practice of conciliation procedure, to share their experiences, and to discuss relevant issues. 

The session participants will discuss:

How to bring the parties to the negotiating table and allow everyone to benefit from the conflict?

Conciliation of the parties – when and how to act?

How to convince the court to approve an amicable settlement agreement beyond the subject matter of the claim?

How to convince the court to approve an amicable settlement agreement on a set of lawsuits?

Can an amicable settlement agreement be concluded on an anti-monopoly dispute? 

Will interim measures taken in relation to the lawsuit survive the court approval of an amicable settlement agreement?

Who are mediation procedures applied in the Russian practice?

What legal issues arising in the practice need to be addressed and what kind of the global experience can be used for this?

Moderator

Elena Demina

Senior Partner, Delcredere

Speakers

Timur Aitkulov

Partner, Clifford Chance CIS Limited

Yana Arefieva

Director of the Legal Department, Transneft PJSC

Johan Ernst Gernandt

Chairman, The Arbitration Institute of the Stockholm Chamber of Commerce

Andrey Gorlenko

Executive Administrator, Russian Arbitration Center at the Russian Institute of Modern Arbitration

Artem Molchanov

Head of the Legal Department, Federal Antimonopoly Service of the Russian Federation

Oksana Wright

Partner, Fox Rothschild


* The Programme may be subject to change