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Eterna Law

SOPHIA BUSINESS CENTER, 6 RYLSKIY LANE, 01601 KYIV, UKRAINE
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Work +380 44 490 7001
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Web:
www.eterna.law
Almaty, Kiev, Moscow

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AstapovLawyers and Addleshaw Goddard held a joint seminar on ‘Battle of billionaires: lifting the

January 2013

AstapovLawyers and Addleshaw Goddard held a joint seminar on ‘Battle of billionaires: lifting the lid on oligarch litigation’ on 12 December in Hyatt Kyiv.

Mark Hastings, Addleshaw Goddard's Partner and Boris Berezovsky's advisor, talked about ‘Litigating CIS disputes in London', particularly focusing on Berezovsky v Abramovich, Cherney v Deripaska, Berezovsky v Patarkatsishvili cases. During his speech Mr Hastings highlighted the distinguishing features of the cases mentioned: very high value, age/complexity of facts, oral agreements, allegations of fraud/corruption/forgery, state involvement. He gave some tips on how to start preparing for such high-profile cases, which includes such aspects as jurisdiction, counterclaims, enforcement, interim measures, service. The next steps would be formulating the claim, case preparation and expert evidence.

Lara Melrose, Addleshaw Goddard's Managing Associate, spoke about Ablyazov case: ‘Fraud litigation on the front line'. Apart from mentioning peculiarities of the dispute Ms Melrose also quoted that ‘"60% of the English Court's work is currently thought to involve CIS parties". The reason for that, according to the speaker, would be: stable and rigorous system; transparency and equality; experience in dealing with complex business disputes; ease of enforcement.

Andrey Astapov, AstapovLawyers' Managing Partner, talked about ‘The role of local lawyers in international litigation'. He started with describing the business structures today. He noted that due to established business pratices, where various SPVs based in tax heaven jurisdictions have their assets located in CIS countries, in the course of international litigation local lawyers play a key role in fact finding and evidence gathering processes. Among others, he stressed, local counsels have to ensure proper evidence and witness identification, preparation of documentary evidence for their further submission to foreign courts, explanation to witnesses of the procedures that a foreign court will follow with respect to their examination, finding experts able to provide the court with required reports.

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