OF THE STAGE HERMITAGE MUSEUM
IIF Speakers 2019
Chief of Division, Bank of Russia
Managing Director – Head of Enforcement and Bankruptcy Division, Department of Distressed Assets, SBERBANK, Russian Federation
Head of Legal Department, Ministry of Internal Affairs of the Russian Federation
Deputy Chairman of the Board of Management,
Gazprombank JSC, Russian Federation
Supreme Court of the Russian Federation
Federal Tax Service of the Russian Federation
Deputy Governor, Bank of Russia
President (former), Insolvency Practitioners Association; Director, Maxwell Davies Limited, UK
Deputy Head of Litigation Department, Rosneft Oil Company PJSC, Russian Federation
Guardian General and Official Receiver of Israel (former); Professor, Bar-Ilan University School of Law
Vice-President, Insolvency Practitioners Association; Director, Benedict Mackenzie, UK
Co-Chair, Insolvent Financial Institutions Subcommittee, IBA Insolvency Section; Partner, De Berti Jacchia Law Firm, Italy
Member of the Executive Board, Federal Notary Chamber of Russian Federation
Co-chair, High-Level Course on Insolvency, INSOL Europe
Secretary, United Nations Commission on International Trade Law (UNCITRAL)
Senior Partner, Law Firm “Forward Legal”, Russian Federation
Professor of Law, John Marshall Law School, USA
Head of Bankruptcy Procedures Ensurance Administration, Federal Tax Service of the Russian Federation
Executive Director, “Russian Information Technologies”
President, Federal Notary Chamber of Russian Federation
Professor, Martin-Luther-University Halle-Wittenberg, Germany
Head of Legal Department, Moscow Exchange, Russian Federation
Senior Legal Advisor, Stock Market Development Center; Consultant of the Department of Legislation on Legal Entities, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Director of Expert and Analytics Department, Deposit Insurance Agency, Russian Federation
Head of Insolvency Proceedings Unit, Rosneft Oil Company PJSC, Russian Federation
Director, International Association of Insolvency Regulators (IAIR); Director of Insolvency, Northern Ireland Insolvency Service
Senior Legal Officer, United Nations Commission on International Trade Law (UNCITRAL)
Vice-President, VEB.RF, Russian Federation
Branch Manager, the Union “Self-Regulating Organization of Insolvency Receivers of North-West Russia” (Branch in Irkutsk Region), Russian Federation
Chairman of the Committee of the State Duma on Natural Resources, Property and Land Relations, Federal Assembly of the Russian Federation
Director, Russian Union of Self-Regulated Organizations of Arbitration Managers
Head, Advisory Council, Russian Union of Self-Regulated Organizations of Arbitration Managers
President, Court of Appeal of Rome
Senior Partner, PCB Litigation LLP, UK
First Deputy Director of the Federal Bailiffs’ Service - First Deputy Chief Bailiff of the Russian Federation
First Deputy CEO, Auction House of the Russian Federation
Judge, Head of Judicial Division, the Supreme Court of the Russian Federation
Founder, Redmond Law Firm LLC, USA
Council of the Legal Department, International Monetary Fund (IMF), USA
Project Manager, Nonprofit Foundation “Lawmaking Assistance Center”, Russian Federation
First Deputy Director, Securities and Сommodities Мarkets Department, Bank of Russia
Professor, Acting Head of the Civil Procedure Department, Saint-Petersburg State University, Russian Federation
Project Director, Sberbank
Managing Partner, "Bartolius" Law Office, Russian Federation
Partner, Ivanyan & Partners, Russian Federation
Member of Board, Russian Union of Self-Regulated Organizations of Arbitration Managers; Chairman, Self-Regulated Organization of Arbitration Managers "Merkuriy"
Professor, Director of the Institute of East European Studies of Kiel University, Germany
Co-opted Director, Co-chair, Eastern European Countries’ Committee, INSOL Europe; Council, Clifford Chance, Netherlands
Chairman of the Board, Confederation of Consumer Societies, Russian Federation
Director for Development of Projects, Interfax Information Group, Head of Fedresurs, Russian Federation
Chairman, National Insolvency Association “Insolvency Club”, Russian Federation
Partner, RCT Legal Firm
Counsel, Hogan Lovells
Head of Litigation Practice (St. Petersburg), Egorov Puginsky Afanasiev & Partners
Managing partner, Pavel Khlyustov and Partners
Managing partner, Kovalev Tugushi and partners
Managing partner, Infralex
Partner, Monastyrsky Zyuba Stepanov & Partners
IIF 2020 Business Programme
Transformation of the Bankruptcy Institute: to Do List and Challenges (chaired by Ministry of Economic Development of the Russian Federation)
There is no doubt about the need to further develop institute of insolvency (bankruptcy). Bankruptcy institute should contribute to financial stability and economic growth. Rehabilitation mechanisms allowing to effectively respond to crisis phenomena and fairly distribute risks among economic agents are particularly relevant in a changing economic environment. The quality of liquidation procedures is vital to eliminate inefficient debtors from commercial interaction as quickly as possible.
At the same time, bankruptcy institute development should not lead to its unjustified deformation. It is necessary to balance the interests of participants related to bankruptcy in a reasonable and beneficial for the whole economy way.
Currently, we see development of comprehensive solutions aimed at the improvement of rehabilitation component of the insolvency (bankruptcy) institute, enhancement of receivership efficiency, adjustment of self-regulation mechanisms, regulatory functions and system of tools for bankruptcy proceedings.
All the above-mentioned issues are to be discussed in the framework of the discussion session.
Good Faith in Insolvency Cases
Good faith of the parties involved in a bankruptcy case, whether it is a creditor, debtor, or bankruptcy trustee, is often a key factor in court proceedings. An unscrupulous debtor may lose an apartment, even if it is the only housing. The disclosure of information on the financial status at the stage of obtaining a loan favors the debtor in a dispute with creditors, and the debtor’s openness encourages the court to discharge the debt as a result of the procedure. Unfair actions of the creditor regarding non-disclosure of information may deprive the creditor of the right to propose a candidate for bankruptcy trustee.
Meanwhile, proper conduct and good faith of the bankruptcy trustee protect him from attempts by “unfriendly” creditors and debtors to hold him liable. Good faith of the debtor may prevent the court from bringing of debtor’s controlling persons to subsidiary liability.
During our session we will discuss whether good faith criterion always functions and whether there are limits for its use.
Insolvency as Source of New Losses. Preventing Abuse in Insolvency’ Day-to-Day Operations (chaired by the Federal Tax Service of the Russian Federation)
Insolvency proceedings are widely used by persons controlling a debtor in a particular procedure to gain benefits from the immunity to collection.
For such purposes, a business model is built or maintained where the centre of losses is a debtor and the centres of profit are middleman organisations supplying commodities and materials at an overvalue or purchasing products at an undervalue on the terms of a trade loan, which is usually non-collectable. Customer-furnished raw materials schemes or rent of an entire production complex are also used.
As a result, a debtor gets money only enough to pay salaries and receiver's costs at best. Money to pay costs required to maintain business activities (taxes, utility bills and charges for resources) is insufficient.
The difference between the market price and production costs (net of taxes and charges for resources) represent the income of those who control this process gained to the detriment of creditors in respect of current payments.
Such a behaviour model also significantly affects creditors in insolvency as it implies that insolvency proceedings will be dragged out, including the sale of insolvency estate, to increase the period of earning such income. Furthermore, growing current debts substantially reduces payment of the claims admitted to the register of creditors’ claims.
Case law contains examples of potential reactions to such facts. Courts resist violations of priorities in making current payments. Insolvency practitioners’ conduct as they fail to collect current accounts receivable and actually transfer a business to third parties is also being ruled unlawful.
For comprehensive discussion of this problem and ways to solve it, we propose to consider a wide range of measures to resist such developments, from prevention of knowingly loss-making business to better efficiency at curbing crimes that cause damage to a debtor and its creditors.
Subordination of Claims of a Debtor’s Members in Insolvency
Mass of Succession Insolvency
Developers’ Insolvency: Ensuring Efficient Defence of Shared Construction Participants’ Rights (chaired by the Committee of the State Duma on Natural Resources, Property and Land Relations)
For the last three years, developer’s insolvency proceedings have undergone significant changes in order to boost protection of shared construction participants’ rights. Specifically, with effect from 1 January 2018 receivership is introduced right after a petition for a developer’s insolvency is reviewed.
There is also a three-months’ time limit to compile a list of creditors’ claims which begins to run no later than fifteen days after a receiver is appointed. Accreditation of insolvency practitioners and special procedures to fund completion of construction of problem properties out of budget money and compensation funds’ money have started working. All of this provided additional guarantees as to the defence of shared construction participants’ rights.
Time has come to analyse emerging compliance practices and discuss first priority areas that require further improvement of developers’ insolvency proceedings. Accreditation of insolvency practitioners as a new mechanism of professional specialisation of insolvency practitioners deserves special attention.
Challenging Deals During Insolvency
*This programme may be subject to change.
IIF 2020 Business Programme
The Programme Committee of the International Insolvency Forum is pleased to announce that the submission of the proposals to the future Forum’s Business Programme is open. Please kindly send your ideas and suggestions using the contact form below.
Who is it for
Chief legal officers
Consulting company partners
Chief financial officers
The Forum is:
Business events for professionals
Be in the know about the most recent Russian and international practices and legislative initiatives; listen to the presentations of the world’s top legal experts, government officials, businesspeople and academics.
A chance to talk to the leading experts and regulators, get insider knowledge from the decision makers, make new connections and extend your client portfolio.
The IIF is an excellent place to hold negotiations, meet clients and get things done that otherwise would have taken weeks.
Participation in the Forum has a positive effect on you personal image, helping to promote your brand and bolster your business reputation.
Exciting cultural programme
Performances by the top classical music stars, social events, elegant parties, sightseeing tours, bar hopping, dances and rock concerts.
Exclusive “membership” club for the legal elite
There are no “red zones” here; each participant is an equal among equals.
Conditions of participation
Participation fee Schedule may be subject to change. Participation fee includes 20% VAT.
Please be advised that the conditions of participation in IV International Insolvency Forum are the same as in X St. Petersburg International Legal Forum
IIF 2020 ALL-DAYS DELEGATE PACKAGE
SPECIAL PRICE IIF 2020 ALL-DAYS DELEGATE PACKAGE FOR ARBITRATION MANAGERS
SPECIAL PRICE IIF 2020 ALL-DAYS DELEGATE PACKAGE
Special offer for the companies (and their representatives), that do not provide legal and consulting services
IIF 2020 ACCOMPANYING PERSON PACKAGE
Admittance only to official cultural events of the Forum