English Law Day Forum in Almaty

Transcription

1 The British-Kazakh Law Association English Law Day Forum in Almaty Wednesday 24 May 2017, 10:30-17:30 (registration from 09:30 reception from 17:30)

2 Conference Programme 09:30-10:30 Registration and refreshments 10:30-11:00 Welcome remarks and introductions Dana Inkarbekova, Country Managing Partner, PWC Kazakhstan Joe Egan, Vice-President, the Law Society of England and Wales Aigoul Kenjebayeva, Chair of the Board of the Kazakhstan Bar Association; Managing Partner of Dentons Europe's Almaty and Astana offices 11:00-12:00 Latest news from England and Wales - panel discussion Demystifying the myths around Brexit Implications for the use of English Law Implications for capital markets and Kazakh companies in Europe Latest Developments The Great Repeal Bill and its effect on EU regulations The Use of Artificial Intelligence in the Provision of Legal Services Development of Sophisticated Pricing Models What Clients now expect Moderator: Rashid Gaissin, Partner, Head of Eurasian Legal Practice, PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan Panel members: Joe Egan, Vice-President, The Law Society of England and Wales, London Ben Wells, Solicitor, Shepperd and Wedderburn LLP, London Islam Gulomov, Director of the Cognitive Programme, Centil, Central Asia Artem Doudko, Counsel, White and Case, London 12:00-12:30 Tea and coffee break 12:30-13:30 Transactional Update - current market trends in M&A transactions - case study International M&A transactions under English Law - latest trends Latest policy changes in Kazakhstan and implications for cross-border transactions Kazakhstan Privatisation and impact on cross-border M&A Financing M&A Shareholders' agreements - status and scope under Kazakhstan law Moderator: Graham Conlon, Managing Partner (Ukraine), CMS Cameron McKenna Nabarro Olswang LLP, & CEE/CIS Co-Head of Private Equity Panel members: Gaukhar Kudaibergenova, Senior Associate, Signum Law Firm, Kazakhstan Nodir Sidikov, Partner, Fieldfisher, London Shaimerden Chikanayev, Partner, Grata International, Kazakhstan Victor Mokrousov, Partner, Dechert LLP, Kazakhstan

3 13:30-14:30 Lunch 14:30-15:30 Disputes update current market trends in international litigation and arbitration International commercial arbitration latest novelties from arbitral institutions aimed at making arbitration faster Investment arbitration on the rise Recent developments in interim remedies practice Third party funding of arbitration disputes: Realisation and constraints - a lawyer's perspective Moderator: Benjamin Paine, Partner, Paine Stevens, Georgia Panel members: Sarah Vasani, Partner, Addleshaw Goddard, London Rupert D Cruz, Barrister, Littleton Chambers, London Andrew Wanambwa, Partner, Lewis Silkin, London Bakhyt Tukulov, Partner, Grata International, Kazakhstan 15:30-16:00 Tea and coffee break 16:00-17:30 Lawyers sans frontiers - panel discussion Panel discussion in two parts (transactions and disputes) focusing on best practices and pitfalls to avoid in working across borders on international matters with lawyers from other jurisdictions. Moderator: Artem Doudko, Counsel, White and Case, London Panel members: Anna Nerush, Partner, Addleshaw Goddard, London Gani Nassimoldin, Senior Counsel, EBRD, London Yury Babichev, Head of International Arbitration, Goltsblat BLP LLP, Moscow Zhanar Abdullayeva, Partner, Unicaselaw, Kazakhstan 17:30-17:35 Closing remarks Joe Egan, Vice-President, the Law Society of England and Wales 17:35-19:30 Networking reception Venue Sponsor

4 Introduction The Law Society of England and Wales The Law Society is the professional body that represents over 180,000 solicitors in England and Wales. The Law Society exists to represent, promote and support solicitors, so they in turn can help their clients. We promote England and Wales as the jurisdiction of choice and the vital role legal services play in our economy. We also fulfil an important public interest function, which aims to ensure access to justice, protect human rights and freedoms and uphold the rule of law. The Society was founded in 1825 and was granted its Royal Charter in You can see a replica of the charter in our front lobby. You can also find further information on our history here: The Law Society's International Department The Law Society's International Department works on behalf of its members to reduce barriers facing solicitors of England and Wales working in overseas markets, and establishes and maintains links with international counterparts. With offices in London and Brussels, the International Department provides practical support, training, information and advice to law firms and legal professionals working abroad or exploring international opportunities. It also raises awareness of the legal sector s contribution to the global marketplace and promotes the expertise of its members across all regions, sectors and practice areas. We know that working across borders is not easy and so we aim to make things simpler. We support firms and legal practitioners in navigating the legal landscape to develop links and thrive in the global marketplace. For example over the last few years, we have spent time building relationships and networks between our members and Kazakhstan legal practitioners.

5 Biographies Zhanar Abdullayeva Partner Unicaselaw, Kazakhstan Unicase law firm s partner, Zhanar Abdullayeva benefits from more than 12 years of diverse experience advising major Kazakh companies, international investors and state-owned enterprises on the full range of specific regulations and legal requirements in oil and gas/mining and energy sectors. She has extensive experience advising on M&A cross-border transactions, addressing local regulatory matters, advising on foreign investment, financial matters and general corporate and commercial issues in Kazakhstan. Prior to joining Unicase, Zhanar worked for the leading international law firms in the UK and Kazakhstan. She is a graduate of the Kazakh Humanitarian Law University (Bachelor degree), University of Nottingham (LLB) and London School of Economics and Political Science (LLM) and is a member of Kazakhstan Petroleum Lawyers Association and Kazakhstan Bar Association. Yury Babichev Head of Group Litigation and International Arbitration Goltsblat BLP, Russia Yury Babichev focuses on international arbitrations and crossborder litigation. He is experienced in commercial and investment arbitrations, fraud and conspiracy claims, derivative litigations, shareholder dispute, contentious M&A transaction and internal investigations. Yury advised clients on litigations in various jurisdictions including England, BVI, Bermuda, Cyprus, France and the Netherland, and arbitral proceedings seat in major arbitration centres such as London, Paris, Stockholm and the Hague. His clients included Russian and foreign companies, individuals and the Russian Federation. Before joining Goldsblat BLP, Yury worked at Cleary Gottlieb Steen & Hamilton for ten years. He received an LL.M degree from Columbia Law School with Harlan Fiske Stone distinction. Yury is qualified to practice in the Russian federation. He is also admitted to the Bar in the State of New York.

6 Shaimerden Chikanayev Partner and Director of Banking and Finance department GRATA Law Firm, Kazkahstan Shaimerden Chikanayev is a partner in GRATA Banking & Finance Group and head of the firm s Mongolia practice and he shares his time between Almaty and Ulaanbaatar. He has over 10 years of experience in Kazakhstani legal services market as well as extensive experience in matters dealing with former Soviet Union and Mongolia. Prior to joining GRATA, he worked as an Associate in the Almaty office of Dewey & Leboeuf and in-house counsel in London office of the European Bank for Reconstruction and Development. Shaimerden received his LL.M. from the Duke University School of Law (USA), his bachelor degree in law from the Eurasian National University Faculty of Law (Kazakhstan) and completed non-degree course of studies for foreign diplomats in the China Foreign Affairs University (PRC). He is admitted to practice in Kazakhstan from 2003 and passed exams of the Ministry of Justice of Kazakhstan to be a notary (2003) and an advocate (2004). Shaimerden focuses his practice on a wide range of finance and M&A transactions, including foreign investment, project finance, capital markets, infrastructure transactions, and workouts and restructurings in many industries. Graham Conlon Managing Partner (Ukraine) & CEE/CIS Co-Head of Private Equity CMS Cameron McKenna Nabarro Olswang LLP, Ukraine Graham Conlon is the Managing Partner of CMS Cameron McKenna Nabarro Olswang Ukraine. An English-qualified M&A lawyer who trained with Linklaters, Graham advises on high profile M&A transactions throughout CEE/CIS. Recent high profile transactions include acting on Cargill s USD 100 million joint venture to build a grain terminal on Ukraine s Black Sea Coast (probably the highest profile M&A deal in Ukraine in 2016), the sale of Ciklum to George Soros, and Advent International on the sale of ISIDA and Partner in Pet Food. Graham holds a Masters in Finance from London Business School, and a law degree from King s College London.

7 Rupert D Cruz Barrister Littleton Chambers, London Rupert D Cruz is a barrister at Littleton Chambers where he specialises in commercial litigation and international arbitration. His main areas of practice are corporate and shareholder disputes; banking and finance; fraud and asset tracing (including emergency injunctive relief); sale of goods and international trade; private international law and general commercial contractual disputes. Rupert has been recognised in Chambers, Chambers Global and Legal 500 as a leader in his field. Rupert is a Russian speaker and is Secretary of the British-Russian Law Association and the English Bar Council s representative for Russia. A significant part of his practice involves Russian and CIS-related disputes for which he is specifically recommended in the legal directories. Rupert also sits as an arbitrator for the LCIA in CIS related disputes. Artem Doudko Counsel White and Case, London Artem Doudko FCIArb is an English solicitor-advocate. He is Counsel in the London Arbitration Practice of White and Case LLP. Artem specialises in international arbitration with a focus on advising Russian-speaking clients. Artem works for a broad spectrum of international clients, both high-net worth individuals, multinational corporate entities, sovereign states and state-owned entities. Advising on a wide range of jurisdictional and conflict of law issues. Artem has experience of investment as well as commercial arbitrations conducted in accordance with the rules of LCIA, ICC, AAA, SCC, and ad hoc arbitrations. Artem also has significant experience of litigation in the English courts, in particular in matters related to arbitration.

8 Joe Egan Vice-President The Law Society of England and Wales, London Admitted in 1982, Joe Egan set up his own firm in 1986 specialising in criminal law. Joe became the first solicitor in Bolton to achieve the right to appear in the Crown courts when he was granted higher rights in Based in Bolton, his firm has expanded to include matrimonial, personal injury, civil litigation and property work. As an advocate, he has appeared in civil trials and matrimonial final hearings. Recently, he has developed a practice in contested probate. For over 15 years Joe has been joint honorary secretary of Bolton Law Society of which he is also a past president. Since 2006 he has represented solicitors in Lancashire and Greater Manchester on the Law Society's Council. Rashid Gaissin Partner, Head of Eurasian Legal Practice, PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan Rashid is a Partner and Head of the Legal Practice of PwC, Kazakhstan. Rashid s role is to develop PwC s legal practices in Kazakhstan and the wider Eurasia region. Rashid is a qualified Kazakh and English lawyer. He was the managing partner of GRATA Law Firm, largest Central Asian law firm, for 9 years. Rashid has work experience in the London office of Norton Rose Fulbright, one of the leading international law firm, in Trade House KazMunaiGaz, the largest operator of petroleum, oil and lubricants market in Kazakhstan, in KazStroyService, oil & gas construction company, in KazTransOil, operator of oil trunk pipeline. His practice is focused on transnational corporations, industrial and financial institutions, he regularly provides services to large high profile international and Kazakhstan clients as well.

9 Islam Gulomov Director of the Cognitive Programme Centil, Central Asia Islam joined Centil`s Tashkent office in 2014 when he still was a student. In his legal practice, he is mostly involved in corporate issues, consultation on governmental regulatory issues and taxes, but also having a significant experience in dispute resolution matters. Islam`s dissertation work on the assessment of potential impact of artificial intelligence on copyright law was recognized as one of the most sophisticated works amongst previous projects of other students. Therefore, he is now actively involved in the development of firm`s new products, such as development of several software applications integrated with artificial intelligence and was appointed as the Director of our firm`s Cognitive Program Department. Islam is the graduate of the Westminster International University in Tashkent and is fluent in Uzbek, Russian and English. Dana Inkarbekova Country Managing Partner PricewaterhouseCoopers Tax & Advisory LLP, Kazakhstan Dana is the Country Managing Partner of PwC Kazakhstan. Dana has more than 20 years of professional experience in audit of financial statements and other accounting services as well as invaluable experience working with the large mining and energy groups in Kazakhstan, including IFRS audits, public offerings in Kazakhstan and International Stock Markets. Dana works with the country s largest State Utility group Samruk-Energy and its subsidiaries Bogatyr Komir, Ekibastuz EGRES-1, and other large oil and gas, mining and utilities consortiums and companies in Kazakhstan. The list of Dana s customers with complex consolidated structure with equity and debt securities being traded on international capital markets, includes the companies like ERG (former ENRC), Exillon Energy, Kcell and Samruk-Energy.

10 Aigoul Kenjebayeva Chairman of the Kazakhstan Bar Association Managing partner of Dentons' Almaty and Astana offices, Kazakhstan Aigoul Kenjebayeva is the managing partner in Dentons' Almaty and Astana offices. Her particular areas of specialisation have been acquired from over 35 years as a practising lawyer and include corporate law, arbitration and litigation, energy and natural resources, infrastructure projects, and competition law. She is widely considered to be a top choice for dispute resolution and also works on matters in Kyrgyzstan and Uzbekistan. Aigoul concentrates on international arbitration, both commercial and investor-state, and acts as counsel and arbitrator. She has been actively involved in a number of complex multibilliondollar international arbitration matters at both the arbitration and enforcement stages, particularly in connection with disputes relating to investments in Kazakhstan. Aigoul has acted as counsel in arbitrations conducted under various arbitration rules, including those of the ICC, SCC, LCIA, and UNCITRAL. She has authored dispute resolution chapters on Kazakhstan in reputed international guides, including The International Arbitration Review. Gaukhar Kudaibergenova Senior Associate Signum Law Firm, Kazakhstan Gaukhar has more than six years of work experience. She has been advising and assisting oil and gas companies, including applying for all required regulatory approvals and documents. Gaukhar has completed a number of M&A deals and was part of the team for preparation and implementation of the biggest IPO in the history of KASE: from structuring the M&A transaction to the 100% share sale of public E&P company (Deal size: USD 515 million).

11 Victor Mokrousov Partner Dechert LLP, Kazakhstan Victor Mokrousov focuses his practice on M&A, finance, and regulatory matters. Mr. Mokrousov s experience includes acting for major and independent oil and gas companies on upstream and transportation projects, acting for sellers and buyers in crossborder M&A transactions, acting for multilateral lenders, commercial banks and private equity funds on debt and equity financings, and advising Kazakhstan-based issuers on international capital markets offerings. Mr. Mokrousov has been recognized as a recommended lawyer in Kazakhstan by Chambers Global since 2004, noted for his work in the corporate & finance and energy and natural resources categories. Gani Nassimoldin Senior Counsel European Bank for Reconstruction and Development, London Gani Nassimoldin is a Kazakh national, who joined EBRD in 2004 and spent his first two years with EBRD in the Office of General Counsel's (legal department of EBRD) banking operations team. In , Gani worked as a senior associate of the corporate recovery and litigation team of OGC. Starting from October 2007 Gani was promoted to OGC Counsel position and returned to banking operations team and focuses on projects in CIS. Gani is a graduate of the Higher Law School Adilet (cum laude) (2000); International Relations Faculty of Kazakh State University of World Languages (summa cum laude) (1997) in Almaty, Kazakhstan. Gani also has LL.M (master in law) in Corporate Governance and Practice from Stanford Law School. Mr. Nassimoldin is fluent in Kazakh, Russian and English. Prior to joining the Bank Gani was a paralegal/trainee ( ) and then associate ( ) at the Almaty and Huston offices of US-based law firm LeBoeuf, Lamb, Greene & MacRae LLP.

12 Anna Nerush Partner Addleshaw Goddard, London Anna is a solicitor admitted to the practice of law in England and Wales and is a partner with international law firm Addleshaw Goddard. Anna represents clients in a broad range of international corporate finance projects in mining and oil and gas sectors in civil and common law jurisdictions. Over the past decade, Anna has advised foreign and domestic investors on numerous onshore and offshore hydrocarbon, mining and infrastructure development projects in Kazakhstan. Anna is a member of the Association of International Petroleum Negotiators (AIPN) and is a contributing author to numerous industry publications, including Euromoney, "Invest in Kazakhstan 2015 Guide" produced on behalf of the Government of Kazakhstan, the Lawyer and EurOil. Benjamin Paine Partner Paine Stevens, Georgia Benjamin Paine qualified as an English solicitor in 1995 and advised on finance and corporate matters in the City of London until Having worked with international law firms in Turkey, Azerbaijan and Kazakhstan, he moved to Georgia in 2012 to establish Paine Stevens which advises on English and Georgian law matters. Benjamin s practice focuses on cross-border financing, corporate and commercial transactions in the South Caucasus, Central Asia and Turkey. Benjamin speaks Russian and Turkish.

13 Nodir Sidikov Partner Fieldfisher, London Nodir Sidikov is a corporate partner specialising in private and public M&A, joint ventures and capital markets work. Nodir is an integral member of the Fieldfisher's CIS Group and has extensive experience in advising entrepreneurs and businesses from the CIS region, particularly Kazakhstan, Russia and Ukraine with particular focus on energy and natural resources sector. He has advised on a number of significant corporate transactions in energy and natural resources sector in Kazakhstan and Russia. In addition, he has experience in sports and banking sectors and advising clients on the resolution of investment and corporate disputes. Nodir is a member of Association of the International Petroleum Negotiators and a member of the executive committee of the British-Kazakh Law Association. He frequently speaks at various conferences and most recently for in-house lawyers' forum in Kazakhstan. Bakhyt Tukulov Partner Grata International, Kazakhstan Bakhyt Tukulov focuses his practice on litigation (commercial and administrative, including in aid of domestic and foreign arbitrations), arbitration in Kazakhstan and abroad, pre-dispute settlement negotiations, enforcement of foreign arbitral awards and judicial acts, legal due diligence, legal advice on the structuring of transactions from dispute resolution perspective (choice of law, forum, investment treaty protection, jurisdictional matters), legal support in the course of audits of state authorities. Prior to joining Grata, Bakhyt has worked for several years at one of the top international law firms. Bakhyt has represented clients in a wide variety of matters ranging from commercial disputes to disputes with state authorities. He has also represented clients in international arbitrations in Kazakhstan and abroad. On part time basis, Bakhyt lectures graduate students on the theory and practice of International Arbitration and Litigation. He graduated with highest honors from International Law Department of al-farabi Kazakh National University. He also holds a Master of Law degree in International Legal Studies (with distinction) from Georgetown University Law Center (District of Columbia., United States).

14 Sarah Z. Vasani Partner Addleshaw Goddard, London Sarah Z. Vasani leads Addleshaw Goddard's Investor State Arbitration Practice, and is an experienced international arbitration lawyer specialising in both international commercial arbitration and investor state disputes. Sarah represents clients before key arbitral institutions such as ICSID, the LCIA, SCC and ICC, and in arbitrations conducted under the UNCITRAL Rules, and under foreign investment laws. She also advises clients on investment (re)structuring, and on strategies, options, and tactics for minimising the prospects of full-blown disputes. When dispute avoidance is not an option, Sarah advocates zealously on behalf of her clients, and has been described as a "strategic, energetic, tenacious and an incredibly capable counsellor and advocate". Sarah has particular experience in energy, oil and gas, mining, and other large scale project disputes in Africa, the Middle East, Central Asia, the Indian Subcontinent, and Latin America. She is a Visiting Professor at the University of Bedfordshire, where she teaches international investment arbitration. Sarah is qualified in England & Wales, the District of Columbia, and Texas, and is a Solicitor-Advocate of the Higher Courts of England and Wales. Prior to joining Addleshaw Goddard in 2016, Sarah spent a decade in the Houston, Washington D.C., and London offices of King & Spalding LLP. Andrew Wanambwa Partner Lewis Silkin, London Andrew has a broad-based practice, specialising in disputes relating to the interpretation or breach of most types of commercial contract, claims for breach of fiduciary duty, economic torts, freezing injunctions and asset recovery, banking and financial services, and professional liability claims. Andrew acts in complex and high value arbitration and international litigation involving jurisdictions such as the Russia, China, British Virgin Islands, Cyprus, Zimbabwe and Pakistan. Andrew has been admitted to practice in Hong Kong and the Eastern Caribbean Supreme Court (British Virgin Islands). Andrew previously headed the litigation team of a well-known firm in the British Virgin Islands (BVI) and his offshore work includes trust and estates litigation, civil fraud, insolvency, company law, and economic tort claims. In these and other cases Andrew routinely deals with conflict of laws issues and challenges to jurisdiction.

15 Ben Wells Solicitor Shepherd and Wedderburn LLP, London Ben is a litigator with previous banking enforcement history having worked on a Deloitte review of claims handling processes at Lloyds Banking Group. Previous to that Ben was an adjudicator at the Financial Ombudsman Service and was responsible for implementing the review of banking and insurance complaints. Ben worked for an international law firm in Moscow and is fluent in Russian. In Moscow he was a member of the client service team and met with clients both in and off site. As the founder of the Russian Speaking Legal Professionals Forum he has excellent connections with lawyers from Russia and the CIS, including Uzbekistan, Ukraine and Kazakhstan. Prior to joining Shepherd and Wedderburn Ben has been involved in representing international clients in high value litigation and arbitration.

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