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Denis Kachkin presented at Russian Law Week 2012 in London

These days London hosted one of the most spectacular annual legal events – Russian Law Week. Traditionally, the Law Society of England and Wales worked in partnership with the Bar Council, The Federal Chamber of Advocates of the Russian Federation, The Moscow City Bar Association, the British-Russian Law Associations, the Anglo-Russian Law Association to organize the event. The leading experts from Great Britain and Russia discussed proposals for changes to the Civil Code of the Russian Federation, investment climate in Russia, the main trends in the Russian court practice, legal aspects of Russia’s membership in the WTO, nuances of corporate governance and protection of shareholder’s rights under Russian law.

Denis Kachkin, the Managing Partner of Kachkin & Partners, participated in a three-day program of Russian Law Week as a moderator of the session devoted to the current trends in the Russian court practice.  Galina Alexandrovna Agafonova, Deputy Chairman of the Moscow City Court, Fedor Vyacheslavov, Partner at ALRUD law firm, and Kirill Trukhanov, Head of Dispute Resolution practice at VEGAS-LEX law firm, made reports at the session.

Denis spoke about changes to the approach of the Russian courts to penalty recovery under a contract and recovery of court costs from the losing party, particularly costs for legal representation. “At present Russian arbitration courts are following the path of ensuring effective implementation of the compensatory function of the institute of court expenses and penalties. This is mainly secured by increasing recoverable sums, which today are more consistent with market conditions, and, secondly, by establishing clear mechanisms for producing evidence. We could claim now that the Russian courts’ perception of reasonableness of court expenses is approaching their real economic value, and recovery of penalties will indeed meet the losses in the nearest future”, noted Denis.

Panel speakers touched upon the issue on the prospects in implementation of alternative dispute resolution clause, imposing limitations on rights of a party, they also discussed courts’ attitude to arbitrability of various disputes and new approaches to the theory of piercing the corporate veil. The participants analyzed the factors of gradual development of legal precedent as the source of law. The audience was fully engaged in the discussion revoked around recognition and enforcement of foreign court judgments and arbitral awards in Russia.

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Кирилл Саськов

Адвокат
Партнер
Руководитель корпоративной и арбитражной практики

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Кирилл Саськов

Адвокат
Партнер
Руководитель корпоративной и арбитражной практики

Cкачать VCARD

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