The II Russo-Polish Law Day: investment protection in the center of the discussions

The II Russo-Polish Law Day was successfully held in Moscow on October 24 of 2013. It is a law forum, the purpose of which is to approximate legal and business communities of Russia and Poland in order to create a comfortable legal, business and social and cultural climate. Representatives of well-known international and national companies, including law firms, of Russia and Poland were among the participants. Elena Borisenko, Deputy Minister of Justice of the Russian Federation, inaugurated the event.

During the event, the experts discussed the measure of protection of the investments granted by the bilateral investment agreements. In particular, the lawyers and the business exchanged opinions on the following:

• The measure of legal protection of the investments through foreign companies, for example – of Cyprus or Luxembourg, while there is no agreement between Russia and Poland, or in bilateral investment agreements Poland/Russia – Luxembourg/Cyprus;
• The risks inherent in sovereign investment funds;
• The precise effects of jurisdictional reservations over the proceedings and the protection with the help of the “most favoured nation” regime;
• When the State’s intervention into the sphere of foreign investments is necessary and when it is excessive (political risks).

The advocates studied in detail the Russian and the Polish judicial proceedings: from limitation periods and case examination to corruption risks and the latest celebrated precedents. The always-pressing subject of distinction between the courts of general jurisdictions and the courts of arbitration in Russia received its share of attention. Partner of the Law Firm "YUST", Advocate Alexander Bolomatov told about the advantages and drawbacks of each system and gave the examples of the foreign entities’ involvement with disputes related in any way with the entrepreneurial activity. See the more detailed presentation of the speech here.

The members of the event ware also able to receive recommendations on what type of corporate management may be considered optimal in typical situations.

When the event was over, the representatives of the legal and business communities gave their warm thanks to the organizers for the high level of the forum’s organization and suggested postponing several discussions until the next year’s event.

See the program of the event here.