treherne2@yahoo.com
+7 (985) 176 98 56
YOB: 1978
Nationality: United Kingdom, Russia
Working languages: English, Russian
Mediator Status: Professional Russian mediator since 2021 (Professional Mediation Course at the Moscow State Academy of Law, Moscow)
Qualifications: Solicitor, England & Wales (2003), Solicitor Advocate with Higher Rights of Audience (2021), Registered Foreign Advocate in Russia (2021)
Rankings/Awards: Ranked by Chambers & Partners and Best Lawyers since 2014 for top-tier M&A in Russia
Works full time as counsel in international disputes. Has over 15 years of experience advising on English law-governed contracts in the sphere of Private Equity, Mergers & Acquisitions and Joint Ventures, predominantly involving CIS owners/founders and Russian businesses. Has worked on high-value transactions involving major global companies and Russian majors. Has participated as counsel in a significant number of settlement negotiations and drafted settlement agreements.
Given his fluency in both English and Russian, and understanding of both cultures, would be ideally suited to mediating international commercial disputes related to the CIS or involving Russian or other CIS parties.
Selected mediation/co-mediation experience
Assisted in settlement of a debt through its restructuring
A US company filed a claim with LCIA to recover a debt from a BVI company whose major shareholder was a Russian company. Since the BVI company had no funds and the controlling Russian company didn’t want it to terminate, we were asked to mediate the dispute. The LCIA proceedings were suspended pending the one month mediation. Acting as co-mediators with Stepan Puchkov we assisted the parties to find a resolution through a restructuring of the debt,
partial repayment with shares and providing a bank guarantee for the rest of the sum.
Assisted in settling a dispute over execution of a call-option and responsibility for breach of contract
Two Russian businessmen were disputing over whether or not a call option had been properly exercised, and the amount of damages resulting from the refusal of the option grantor to transfer the shares. We were engaged as independent mediators and helped the parties to agree on a value for the option shares and a non-cash payment in settlement.
Mediating a dispute over enforcing of a pledge in a early-stage financing contract
A European lender provided debt financing to an early stage Russian mining business, with the debt secured by a pledge over Russian shares. The repayment installments were not made on time and the lender enforced the pledge by way of appropriate and pursued the guarantor for the outstanding debt. The parties disputed the value of the appropriated shares and whether the lender had breached the loan agreement by refusing to agree to a refinancing that the borrower had arranged. The mediation meetings were staged over a number of days given the involvement of various geological and accounting expert evidence. The parties were unable to agree on the value of the debt the shares or the damages, and decided to pursue the claim through arbitration and litigation.
Assisted in settling a dispute over alleged mismanagement by one of co-founders
A Russian investor into a Cypriot company that eventually went into liquidation was pursuing the founder shareholder in an ICC arbitration in London for alleged mismanagement of the company, breach of fiduciary duties and conflicts of interest. The investor suggested mediation shortly after the statement of defence had been filed and the respondent agreed. The mediation by two co-mediators was scheduled for only one day, with each side submitting written summaries in advance. The parties did reach a mediated settlement, having agreed on an amount and a mechanism for reimbursement to the investor of some of the lost investment, and the ICC arbitration concluded by issuing a written award based upon the settlement agreement.
Education
Cambridge University. LL.B., 1999
Selected speeches at conferences
Intriguing Developments in International Disputes and the ESG Dilemma, RUSFOR
Mediation - practical tips and Psychology of Law, 03.02.2022
IX Petersburg International Legal Forum 2023
Interaction between arbitration and other dispute resolution methods: The potential to develop hybrid procedures - «Mandatory Mediation»