The Sanctions in Disputes Forum 2024

The Only Conference Addressing Sanctions in Disputes 
In-person I 18th April 2024 | Millennium Gloucester, London

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Agenda

Registration
09:00

Chairperson's Opening Remarks
09:30

Sue Millar, Partner
Stephenson Harwood

Syedur Rahman, Partner
Rahman Ravelli

Regulatory Perspective: Key Bodies on the Purpose, Co-Operation, and Future Development of Global Sanctions Regimes
9:45

  • Senior OFSI Representative gives update about the current state of the UK Sanctions Regime
  • Counterparts in OFAC share how they have interacted with sanctions as of late
  • European Union representative gives their perspective on the issue
  • The Differing Philosophies and Methodologies behind imposing and lifting sanctions between the US, UK, and EU

Leslie Stubbs, Senior Sanctions Policy Advisor
Office of Foreign Asset Control

Sam Mannion, Head of Industry Engagement
Office of Financial Sanctions Implementation

Navigating the Aftermath of the Mints -v- PJSC Court of Appeals Decision for Litigation and Arbitration
10:30

  • Examining the precedent Mints -v- PJSC set for issuing Judgements in the UK even in cases when unenforceable
  • Reviewing how exposure has shifted in the wake of the court implying that Russia is a command economy with direct control over all Russian businesses
  • Evaluating the FCDO’s response
  • Checking in with professionals for their attitudes towards this interpretation
  • (OPTIONAL CONTINGENT ON MORE GUIDANCE ISSUED) Exploring the implications of the government’s clarification on Mints decision
  • The potential impact on / implications of other sanctions measures for litigation and arbitration

David Davies, Barrister
Essex Court Chambers

Stacy Keen, Partner
Pinsent Masons

Neil Dooley, Partner
Steptoe and Johnson

Adrian Waterman , Barrister
Matrix Chambers

Networking & Refreshment Break
11:15

Exploring Control and Ownership Standards: Do You Need an OFSI License?
11:35

  • How to know if a client has a problematic relationship with a sanctioned person or party
  • Evaluating whether or not your firm needs a license from OFSI to receive payment for a case
  • Due diligence best practices
  • The interplay between financial crime and sanctions due diligence – what one can learn from the other
  • Understanding “de-risking” policies

Michael Potts, Partner
PCB Byrne

Elena Elia, Senior Legal Counsel
Wells Fargo

Matthew Happold, Barrister
3 Hare Court

Syedur Rahman, Partner
Rahman Ravelli

Sanctions Breaches: Strategies for Resolving Issues Within the Framework of Sanctions Regimes
12:20

  • Detection: Red flags and how to look for them, reporting obligations
  • Prevention: Mitigating the risk of breach, meeting regulatory expectations
  • Cure: Options in the event of a breach
  • Reporting: Identifying applicable reporting obligations and incentives for voluntary reporting
  • Investigatory powers and potential information offences
  • Key considerations in regulatory, civil, and criminal enforcement proceedings

Andrea Puccio, Founding Partner
Puccio Penalisti

Kian Meshkat, Principal Attorney
Meshkat Law

Arozo Gajia, Senior Associate
PCB Bryne

Annabel Darlow , Barrister
6KBW

Networking & Lunch Break
13:05

The Extra-Territorial Nature of Sanctions: Perspectives on Navigating a Multiplicity of Regimes
14:05

  • If a foreign court issues judgement entitling parties to compensation, how should that compensation be retrieved?
  • The implications of a sanctions designation outside of its jurisdiction
  • Comparing and contrasting extraterritorial jurisdiction
  • Asset freezes, forfeiture, and confiscation
  • The interplay between sanctions asset freezes and asset recovery mechanisms in the UK and abroad

Peter Gray, Partner
ADG Legal (Dubai)

Elena Fedorova , Lawyer - Of Counsel
Bonifassi Avocats (France)

Timothy O’Toole, Practice Lead, Economic Sanctions & Export Controls
Miller & Chevalier

Andrew Good, Partner
Skadden

Challenging Designations and Licensing Decisions
14:50

  • Judicial and administrative designation challenges
  • Implications of recent challenges: Synesis, Shvidler, and others
  • Evidential burden
  • License decision challenges between jurisdictions: US, EU, and UK
  • Practical considerations in representing sanctioned parties

Sam Amir Toossi, Partner
Akrivis Law Group

Sue Millar, Partner
Stephenson Harwood

Guy Martin, Head of International Law & Partner
Carter Ruck

Networking & Refreshment Break
15:35

Understanding the Business and Professional Services Prohibitions
15:55

  • The UK and EU legal services ban
  • The UK and EU trust services ban
  • Other prohibitions to business and professional services
  • Reconciling sanctions compliance with competing legal and regulatory obligations
  • How these bans are applying to UK qualified professionals outside the UK

John Binns, Partner
BCL Solicitors LLP

Olga Bischof, Consulting Partner
PCB Byrne

Peter Caldwell , Barrister
Doughty Street Chambers

Mitigating the Impacts of Sanctions on Private Law Obligations
16:40

  • Under what circumstances can you terminate a contract?
  • The issues trustees face when trying to uphold their obligations as a trustee while not violating sanctions law
  • The strategies trustees are implementing to maintain their obligations while being as compliant with regulators as possible

Mikhail Vishnyakov, Partner
Cooke, Young & Keidan

Emile Simpson, Barrister
4 New Square

Nin Ritchie, Group Partner
Collas Crill (Guernsey)

Saima Hanif KC, Barrister
3VB

Chairperson's Closing Remarks
17:25

09:00
Registration
09:30
Chairperson's Opening Remarks
Sue Millar - Partner - Stephenson Harwood
Syedur Rahman - Partner - Rahman Ravelli
9:45
Regulatory Perspective: Key Bodies on the Purpose, Co-Operation, and Future Development of Global Sanctions Regimes
  • Senior OFSI Representative gives update about the current state of the UK Sanctions Regime
  • Counterparts in OFAC share how they have interacted with sanctions as of late
  • European Union representative gives their perspective on the issue
  • The Differing Philosophies and Methodologies behind imposing and lifting sanctions between the US, UK, and EU
Leslie Stubbs - Senior Sanctions Policy Advisor - Office of Foreign Asset Control
Sam Mannion - Head of Industry Engagement - Office of Financial Sanctions Implementation
10:30
Navigating the Aftermath of the Mints -v- PJSC Court of Appeals Decision for Litigation and Arbitration
  • Examining the precedent Mints -v- PJSC set for issuing Judgements in the UK even in cases when unenforceable
  • Reviewing how exposure has shifted in the wake of the court implying that Russia is a command economy with direct control over all Russian businesses
  • Evaluating the FCDO’s response
  • Checking in with professionals for their attitudes towards this interpretation
  • (OPTIONAL CONTINGENT ON MORE GUIDANCE ISSUED) Exploring the implications of the government’s clarification on Mints decision
  • The potential impact on / implications of other sanctions measures for litigation and arbitration
David Davies - Barrister - Essex Court Chambers
Stacy Keen - Partner - Pinsent Masons
Neil Dooley - Partner - Steptoe and Johnson
Adrian Waterman - Barrister - Matrix Chambers
11:15
Networking & Refreshment Break
11:35
Exploring Control and Ownership Standards: Do You Need an OFSI License?
  • How to know if a client has a problematic relationship with a sanctioned person or party
  • Evaluating whether or not your firm needs a license from OFSI to receive payment for a case
  • Due diligence best practices
  • The interplay between financial crime and sanctions due diligence – what one can learn from the other
  • Understanding “de-risking” policies
Michael Potts - Partner - PCB Byrne
Elena Elia - Senior Legal Counsel - Wells Fargo
Matthew Happold - Barrister - 3 Hare Court
Syedur Rahman - Partner - Rahman Ravelli
12:20
Sanctions Breaches: Strategies for Resolving Issues Within the Framework of Sanctions Regimes
  • Detection: Red flags and how to look for them, reporting obligations
  • Prevention: Mitigating the risk of breach, meeting regulatory expectations
  • Cure: Options in the event of a breach
  • Reporting: Identifying applicable reporting obligations and incentives for voluntary reporting
  • Investigatory powers and potential information offences
  • Key considerations in regulatory, civil, and criminal enforcement proceedings
Andrea Puccio - Founding Partner - Puccio Penalisti
Kian Meshkat - Principal Attorney - Meshkat Law
Arozo Gajia - Senior Associate - PCB Bryne
Annabel Darlow - Barrister - 6KBW
13:05
Networking & Lunch Break
14:05
The Extra-Territorial Nature of Sanctions: Perspectives on Navigating a Multiplicity of Regimes
  • If a foreign court issues judgement entitling parties to compensation, how should that compensation be retrieved?
  • The implications of a sanctions designation outside of its jurisdiction
  • Comparing and contrasting extraterritorial jurisdiction
  • Asset freezes, forfeiture, and confiscation
  • The interplay between sanctions asset freezes and asset recovery mechanisms in the UK and abroad
Peter Gray - Partner - ADG Legal (Dubai)
Elena Fedorova - Lawyer - Of Counsel - Bonifassi Avocats (France)
Timothy O’Toole - Practice Lead, Economic Sanctions & Export Controls - Miller & Chevalier
Andrew Good - Partner - Skadden
14:50
Challenging Designations and Licensing Decisions
  • Judicial and administrative designation challenges
  • Implications of recent challenges: Synesis, Shvidler, and others
  • Evidential burden
  • License decision challenges between jurisdictions: US, EU, and UK
  • Practical considerations in representing sanctioned parties
Sam Amir Toossi - Partner - Akrivis Law Group
Sue Millar - Partner - Stephenson Harwood
Guy Martin - Head of International Law & Partner - Carter Ruck
15:35
Networking & Refreshment Break
15:55
Understanding the Business and Professional Services Prohibitions
  • The UK and EU legal services ban
  • The UK and EU trust services ban
  • Other prohibitions to business and professional services
  • Reconciling sanctions compliance with competing legal and regulatory obligations
  • How these bans are applying to UK qualified professionals outside the UK
John Binns - Partner - BCL Solicitors LLP
Olga Bischof - Consulting Partner - PCB Byrne
Peter Caldwell - Barrister - Doughty Street Chambers
16:40
Mitigating the Impacts of Sanctions on Private Law Obligations
  • Under what circumstances can you terminate a contract?
  • The issues trustees face when trying to uphold their obligations as a trustee while not violating sanctions law
  • The strategies trustees are implementing to maintain their obligations while being as compliant with regulators as possible
Mikhail Vishnyakov - Partner - Cooke, Young & Keidan
Emile Simpson - Barrister - 4 New Square
Nin Ritchie - Group Partner - Collas Crill (Guernsey)
Saima Hanif KC - Barrister - 3VB
17:25
Chairperson's Closing Remarks

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