CONQUERING PEAKS AND DEVELOPING NETWORKING: WINTER LEGAL WEEK 2023

Winter forest, fresh air, snow-covered mountain peaks and professional conversations. Not only around the campfire, but also at the conference at Radisson Rosa Khutor - about the mistakes of relocants, top management risks in the light of mobilization and bankruptcy trends. Thus, on February 9-11 lawyers opened the business season at Krasnaya Polyana for Winter Legal Week 2023 by Pravo.ru. The organizer of the Pravo.ru conference tells about what was happening at the traditional Winter Legal Week in this article.

Elena Gladysheva, Advocate and Managing Partner of RI-Consulting, in a session devoted to key risks for business in 2023, told about new aspects of top managers' responsibility in the light of partial mobilization, sanctions and high readiness regime. The Advocate stressed: the number of corporate disputes has increased significantly over the past year. And many of them arose because Russian partners took advantage of the unstable situation and took over the management. Domestic companies in conflicts with foreign ones reason their positions on the basis of their Russian origin. But the courts check whether there is no abuse of right in such situations.
"The result of corporate disputes in 95% of cases is bankruptcy. Partners try to bring each other to subsidiary liability. Now the cases on subsidiary mainly relate to activities until 2019, because bankruptcy is always a long process," the Advocate noted.

"In the current situation, the biggest question is how you can hold a foreign investor liable in practice, not through documentation," Gladysheva stressed. "It's one thing to get a court decision and quite another to get money from it," the Advocate said. Gladysheva was asked from the audience how to notify foreign litigants of a dispute in the current environment. The expert answered that the courts now recognize the sending of notifications by e-mail. In addition, it is possible to transmit information to foreign participants through foreign partners," Gladysheva shared her experience.

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