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29.06.2022
16:45–18:15
Force Majeure and the Inability to Fulfil Obligations in the Context of Sanctions
Congress Centre, conference hall D3
Broadcast
In light of the current sanctions, legal issues related to fulfilling contractual obligations have become a major topic of discussion across various levels. A number of aspects have become particularly pressing. These include determining when obligations can no longer be fulfilled, when to exempt a party from liability for not fulfilling their obligations, and freeing a party from an obligation. This discussion will focus on current legislative solutions which were drafted to address these issues, as well as on their practical implementation, including with regard to the pandemic.
• Agreeing on concepts such as force majeure, impossibility of performance, and substantive change of circumstances.
• Rules governing exemption from liability in relation to force majeure events and termination of obligations due to impossibility of performance.
• Force majeure invoked by the debtor as a justification for being exempt from liability.
• Force majeure and monetary liability.
• The right to withdraw from a contract due to force majeure events.
• Impossibility of performance: can parties assume such a risk in advance?
• Agreeing on concepts such as force majeure, impossibility of performance, and substantive change of circumstances.
• Rules governing exemption from liability in relation to force majeure events and termination of obligations due to impossibility of performance.
• Force majeure invoked by the debtor as a justification for being exempt from liability.
• Force majeure and monetary liability.
• The right to withdraw from a contract due to force majeure events.
• Impossibility of performance: can parties assume such a risk in advance?
Moderator
Dmitriy Dozhdev
Head of the Department of Theory and History of Private Law, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Panellists
Sergey Astashov
Judge, Chairman of the Judicial Division for Civil Cases of the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation
Vsevolod Baibak
Associate Professor of the Department of Civil Law and Procedure, National Research University Higher School of Economics (St. Petersburg)
Alyona Kucher
Associate Professor of the Civil Law Chair of the Faculty of Law, Lomonosov Moscow State University
Lidia Mikheeva
Secretary, Civic Chamber of the Russian Federation; Chairperson of the Board, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev (online)
Denis Novak
Financial Ombudsman for Consumer Rights in Insurance, Microfinance, Credit Cooperation and Activities of Credit Institutions
Andrey Pavlov
Associate Professor of the Civil Law Department of the Law Faculty, St. Petersburg State University
Alexey Khersontsev
State Secretary – Deputy Minister of Economic Development of the Russian Federation
Mikhail Tserkovnikov
Head of Energy Group, Pepeliaev Group; Head of the Department of Law of Obligations, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Vadim Chubarov
Vice President, Chamber of Commerce and Industry of the Russian Federation
Yury Shalnev
Head of Sanction Consulting and Corporate Finance Practice, Gazprom Neft
Front row participants
Olga Vorobieva
Associate Professor in the Department of Business Law, Kutafin Moscow State Law University (MSAL) (online)
Liya Grishaeva
Managing Director for Legal Support of Export Financial Support Projects, Russian Export Center
Broadcast
Dmitriy Dozhdev
Head of the Department of Theory and History of Private Law, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Sergey Astashov
Judge, Chairman of the Judicial Division for Civil Cases of the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation
Vsevolod Baibak
Associate Professor of the Department of Civil Law and Procedure, National Research University Higher School of Economics (St. Petersburg)
Alyona Kucher
Associate Professor of the Civil Law Chair of the Faculty of Law, Lomonosov Moscow State University
Alyona Kucher is a partner based in the Moscow office. She is recognised as a corporate lawyer of the year and a leading M&A lawyer in Russia by Best Lawyers (2022). The Legal 500 EMEA (2021) recommends Ms. Kucher for her corporate/M&A practice, her real estate and energy and natural resources work and notes that she is “a professional of the highest standard with a wide range of practical knowledge and theory.” According to previous editions of the guide, she is “very dedicated and experienced” and “unique in her approach,” combining an “academic edge” with “in-depth practical understanding of her subject.” Ms. Kucher is also recommended for M&A by IFLR1000 (2021) and ranked in the top tier by Pravo.ru-300 (2021).
Ms. Kucher has been principally involved in such areas as general corporate practice, construction (in particular, major infrastructure projects), sale/purchase, lease and operation of real estate and other immovable property, oil and gas projects and M&A.
Ms. Kucher's recent articles include “Key Changes And Trends Of 2018 In Regulation Of Russian Subsoil Use,” Oil, Gas and Law (December, 2018); “Model Charters Issued for Russian Limited Liability Companies,” Joint Stock Company (December, 2018); “Exit from Negotiations. How to Avoid Liability,” Corporate Lawyer (April, 2018); “Top 10 Legal Developments of 2017 in Regulation of Russian Subsoil Use,” LawTek (No. 6, 2018); “Top 10 Legal Developments in Russian M&A for 2017,” Joint Stock Company Law Review (February, 2018); “OFAC Updates Russia And Ukraine Sanctions Lists, Issues Advisory On Evasion Of Crimea Embargo,” CEE Legal Matters (August, 2015); “Supreme Court: Construction Permits Should Be Obtained Before Commencement Of Construction,” CEE Legal Matters (July, 2015); “EU Extends Ukraine-Related Sanctions,” CEE Legal Matters (June, 2015); “Between A Rock And A Hard Place: Anti-Corruption Compliance And Antitrust Law In Russia,” CEE Legal Matters (May, 2015); “Top Legal Developments in Russian Real Estate and Construction Market in 2013,” The Real Estate Finance Journal (Spring, 2014); “Russia's Anti-Corruption Efforts: The Latest Legislation,” “Providing Incentives for Hydrocarbon Production at Offshore Fields: Legislative Amendments,” LawTek (No.2,2014) and Law360 (July, 2012); and “Brick By Brick: Russia,” Private Equity Manager (May, 2012).
Ms. Kucher joined the firm in 1998. She graduated from Moscow State University, Faculty of Law in 2000 and from its Faculty of Foreign Languages in 1999. She received her Ph.D. in law from Moscow State University in 2002 and currently lectures on civil and international private law in the Faculty of Law of Moscow State University. In 2004, Ms. Kucher worked in the firm's New York office and participated in a Global Fellowship Program at New York University.
Ms. Kucher is a member of the Russian Ministry of Economic Development Council on Corporate Governance and a member of the Russian Ministry of Justice Council for the Development of Arbitration. She has been awarded a certificate of honour by the Ministry of Justice of Russia for her contribution to the work of the Ministry. Ms. Kucher is a Co-Chair of the Real Estate and Construction Committee of the American Chamber of Commerce in Russia.
Ms. Kucher is an author of a book on formation of contracts and negotiations procedures as well as numerous articles on various matters of Russian law.
Ms. Kucher has been principally involved in such areas as general corporate practice, construction (in particular, major infrastructure projects), sale/purchase, lease and operation of real estate and other immovable property, oil and gas projects and M&A.
Ms. Kucher's recent articles include “Key Changes And Trends Of 2018 In Regulation Of Russian Subsoil Use,” Oil, Gas and Law (December, 2018); “Model Charters Issued for Russian Limited Liability Companies,” Joint Stock Company (December, 2018); “Exit from Negotiations. How to Avoid Liability,” Corporate Lawyer (April, 2018); “Top 10 Legal Developments of 2017 in Regulation of Russian Subsoil Use,” LawTek (No. 6, 2018); “Top 10 Legal Developments in Russian M&A for 2017,” Joint Stock Company Law Review (February, 2018); “OFAC Updates Russia And Ukraine Sanctions Lists, Issues Advisory On Evasion Of Crimea Embargo,” CEE Legal Matters (August, 2015); “Supreme Court: Construction Permits Should Be Obtained Before Commencement Of Construction,” CEE Legal Matters (July, 2015); “EU Extends Ukraine-Related Sanctions,” CEE Legal Matters (June, 2015); “Between A Rock And A Hard Place: Anti-Corruption Compliance And Antitrust Law In Russia,” CEE Legal Matters (May, 2015); “Top Legal Developments in Russian Real Estate and Construction Market in 2013,” The Real Estate Finance Journal (Spring, 2014); “Russia's Anti-Corruption Efforts: The Latest Legislation,” “Providing Incentives for Hydrocarbon Production at Offshore Fields: Legislative Amendments,” LawTek (No.2,2014) and Law360 (July, 2012); and “Brick By Brick: Russia,” Private Equity Manager (May, 2012).
Ms. Kucher joined the firm in 1998. She graduated from Moscow State University, Faculty of Law in 2000 and from its Faculty of Foreign Languages in 1999. She received her Ph.D. in law from Moscow State University in 2002 and currently lectures on civil and international private law in the Faculty of Law of Moscow State University. In 2004, Ms. Kucher worked in the firm's New York office and participated in a Global Fellowship Program at New York University.
Ms. Kucher is a member of the Russian Ministry of Economic Development Council on Corporate Governance and a member of the Russian Ministry of Justice Council for the Development of Arbitration. She has been awarded a certificate of honour by the Ministry of Justice of Russia for her contribution to the work of the Ministry. Ms. Kucher is a Co-Chair of the Real Estate and Construction Committee of the American Chamber of Commerce in Russia.
Ms. Kucher is an author of a book on formation of contracts and negotiations procedures as well as numerous articles on various matters of Russian law.
Lidia Mikheeva
Secretary, Civic Chamber of the Russian Federation; Chairperson of the Board, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Professor, Doctor (higher doctorate) of Juridical Sciences, Distinguished Lawyer of the Russian Federation, Deputy of the Secretary of the Civic Chamber
From 1993 she had worked as a lecturer, a lawyer of commercial organizations, was engaged in scientific work, consisted at government service.
Currently acting as Chairman of the Chairman of the Council of the Federal State Budgetary Scientific Institution “The Private Law Research Centre under the President of the Russian Federation named after S.S. Alekseev”.
She is a member of the Presidential Council for Codification and Enhancement of Civil Legislation.
She is a member of the research advisory boards of the Supreme Court of the Russian Federation, of the Ministry of Justice, of the Federal Notarial Chamber.
She is the author of a range of law drafts.
From 1993 she had worked as a lecturer, a lawyer of commercial organizations, was engaged in scientific work, consisted at government service.
Currently acting as Chairman of the Chairman of the Council of the Federal State Budgetary Scientific Institution “The Private Law Research Centre under the President of the Russian Federation named after S.S. Alekseev”.
She is a member of the Presidential Council for Codification and Enhancement of Civil Legislation.
She is a member of the research advisory boards of the Supreme Court of the Russian Federation, of the Ministry of Justice, of the Federal Notarial Chamber.
She is the author of a range of law drafts.
Denis Novak
Financial Ombudsman for Consumer Rights in Insurance, Microfinance, Credit Cooperation and Activities of Credit Institutions
Andrey Pavlov
Associate Professor of the Civil Law Department of the Law Faculty, St. Petersburg State University
Alexey Khersontsev
State Secretary – Deputy Minister of Economic Development of the Russian Federation
Was born on August 21, 1980 in the Lesnoy town, Sverdlovsk region, Russian Federation. He graduated in 2002 from the Ural State Law Academy, the Institute of Foreign Economic Relations and Law. In 2003 - 2008 years occupied posts: specialist, leading specialist, chief specialist, Head of research management at the Ural State Law Academy. After that, he held the positions of lecturer, senior lecturer at the Department of Business Law, Ural State Law Academy.
In 2008 - 2010 years he served successively as Head of the Legal Experts Group for Property Relations, Vice-President of ANO "Public Reforms Center".
In 2010 - 2011 years he occupied position of Director of the Department of Regulatory Impact Assessment at the Ministry of Economic Development of the Russian Federation. From November 2011 to June 2016 he was Director of the Department of State regulation of the Economy of the Ministry of Economic Development of the Russian Federation. In June 2016 he was appointed to the Head of the Federal Accreditation Service. Awards: Honorary Diploma from the Russian Ministry of Economic Development, the Letter of gratitude from the Chairman of the Government of the Russian Federation, Letter of gratitude from the President of the Russian Federation, two Honorary Diplomas from the President of the Russian Federation.
In 2008 - 2010 years he served successively as Head of the Legal Experts Group for Property Relations, Vice-President of ANO "Public Reforms Center".
In 2010 - 2011 years he occupied position of Director of the Department of Regulatory Impact Assessment at the Ministry of Economic Development of the Russian Federation. From November 2011 to June 2016 he was Director of the Department of State regulation of the Economy of the Ministry of Economic Development of the Russian Federation. In June 2016 he was appointed to the Head of the Federal Accreditation Service. Awards: Honorary Diploma from the Russian Ministry of Economic Development, the Letter of gratitude from the Chairman of the Government of the Russian Federation, Letter of gratitude from the President of the Russian Federation, two Honorary Diplomas from the President of the Russian Federation.
Mikhail Tserkovnikov
Head of Energy Group, Pepeliaev Group; Head of the Department of Law of Obligations, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Vadim Chubarov
Vice President, Chamber of Commerce and Industry of the Russian Federation
Yury Shalnev
Head of Sanction Consulting and Corporate Finance Practice, Gazprom Neft
Olga Vorobieva
Associate Professor in the Department of Business Law, Kutafin Moscow State Law University (MSAL)
Liya Grishaeva
Managing Director for Legal Support of Export Financial Support Projects, Russian Export Center