WorkshopThe role of the Judiciary in Bank resolution for Judges

5 - 6 October 2017 Kyiv, Ukraine

Intercontinental KyivAddress: 2A Velyka Zhytomyrska Street, Kyiv 01001

WWW.WORLDBANK.ORG/FINSAC

AgendA

ThursdAy, 5 OcTOber

08:30 – 09:00 Registration – welcome coffee

09:00 – 09:15 Welcome remarksVahe Vardanyan, World Bank

09:15 – 09:45(15 min presentation + 15 Q&A)

Introduction: International principles, legal safeguards and topical developments in bank resolutionPamela Lintner, World Bank FinSAC

09:45 – 10:30 30 min presentation + 15 Q&A)

The role of the court of Justice of the european union in the assessment of bank resolution and liquidation casesMoritz Hartmann, European Court of Justice

10:30 – 11:1530 min presentation + 15 Q&A)

bank resolution and legal challenges, The ukrainian experienceUkrainian Representative

11:15 – 11:30 Coffee break

11:30 – 12:15(30 min presentation + 15 Q&A)

bank resolution and legal challenges, The greek experienceEleni P. Tsene, Attorney at law, Luxemburg

12:15 – 13:00(30 min presentation + 15 Q&A)

bank resolution and legal challenges, The spanish experienceEnrique Sanjuan, Senior Judge in the Court of Appeal of Almería

13:00 – 13:30 Final Q&A

13:30 Lunch

FrIdAy, 6 OcTOber

08:30 – 09:00 Welcome Coffee

09:00 – 09:15 Welcome remarks

09:15 – 10:00(30 min presentation + 15 Q&A)

bank resolution and legal challenges, The Argentinian experienceFederico Caparrós-Bosch, Caparrós & Asociados

10:00 – 10:45(30 min presentation + 15 Q&A)

bank resolution and legal challenges, The us experienceRichard Osterman, Former Deputy General Counsel, Litigation and Resolutions Branch, FDIC

10:45 – 11:30(30 min presentation + 15 Q&A)

International Principles of cross border recognition of resolution decisions Stuart McNeill, Partner for Pinsent Masons LLP

11:30 – 11:45 Coffee break

11:45 – 12:30(30 min presentation + 15 Q&A)

recent case studies of litigations against bank resolution decisions in europe Kolja Stehl, Shearman & Sterling LLP

12:30 – 13:15 round tableInternational principles and Legal challenges in bank resolution: future outlook for ukraineParticipants: - Enrique Sanjuan, Court of Appeal of Almería- Moritz Hartmann, European Court of Justice- Federico Caparrós-Bosch, Caparrós & Asociados- Richard Osterman, FDIC- Ukrainian representativeModerators: Pamela Lintner and Vahe Vardanyan, World Bank

13:15 – 13:30 Closing remarks

13:30 Lunch

Pamela LintnerSenior Financial Sector Specialist, Financial Sector Advisory Center (FinSAC), the World Bank

Pamela provides legal consulting on the establishment and enhancement of recov-ery and resolution frameworks in FinSACs client countries in line with international best practice and a focus on BRRD alignment and home/host issues. In her previous works as a lawyer for the Austrian Central Bank (Unit for Financial Markets Regu-lation and Payment Systems Oversight) and before, from a different angle, at the Austrian Bankers Association she was closely involved in European regulatory policy including CRD IV, crisis management, RR and DGS. In the course of EMIR implemen-tation she headed the on-site inspections for the licensing process for the Austrian Central counterparty (CCP.A). Pamela first became familiar with financial services policy working for the Austrian Presidency of the European Council in 2006 where she lead the AT delegation of the Council Working Group on the Payment Ser-vices Directive. She studied law at the Universities of Linz, Vienna and Madrid and received a research scholarship at the European Institute of Public Administration (EIPA)/Maastricht in 2004/05.

Moritz hartmann Member of the Chambers of President Koen Lenaerts, Court of Justice of the European Union

Moritz provides legal advice to the President on both substantive and procedural matters of European Union law. Before joining the President’s chambers, Moritz was a post-doctoral researcher at the law department of the Freie Universität Berlin (Germany), where he completed a PhD in law after graduating in both law and polit-ical science.

enrique sanjuán y MuñozSenior Judge at Court of Appeal, Almeria, Spain

Enrique is Senior Judge at Court of Appeal Almeria specialized in commercial, insolvency and company business in Spain, holding this position since 1998, and Professor of Law at the University of Malaga since 2006. He also worked as Chief of the department of Insolvency and Restructuring at the international company in Marbella in 2009-2012.

Enrique holds Ph.D. with the extraordinary award in Restructuring and insolvency of companies. He studied Law in University of Granada, Economic in Catholic Univer-sity of Avila, and Administration and direction companies in University of Nebrija. He is a member of the Spanish Judicial Power consultancy unity. He holds a Master Degree University in Arts of Economic and one more in Financial Engineering by the National University of Spain. He studied law at the following schools: High School of Economics, National Research at the University of Moscow, University of Lon-don, University of Illinois, IESE: Business School, University of Navarra, Law School University of Pennsylvania, Yale University, Harvard School of Law. He also took law course at various courts as court of bankruptcy of London, National School of the judges of Paris, Economics for EU Competition Law in Lisbon, GAI Institute, Univer-sity of Melbourne, Australia and George Mason University in USA.

He is author of more than one hundred of articles and research papers on law and insolvency.

eleni Tsene Attorney at law, Luxemburg

Eleni is a lawyer, admitted to the Athens Bar (1986) and the Luxembourg Bar (under the Directive 98/5/EC, 2016), with expertise in corporate and financial law. She was senior legal officer to the European Commission (DG ECFIN), working on the Eco-nomic Adjustment Programme for Greece, mainly on matters of financial sector sta-bility and judicial reforms. In this context, she was actively involved in the drafting of legislation for the recapitalization and resolution of banks as well as in the reform of the Greek Code of Civil Procedure. Before joining the Commission, she was chief legal counsel to the Hellenic Financial Stability Fund, which had a central role in the recapitalisation and the resolution of Greek banks. She has extensive experience in corporate, finance and banking law, as in-house lawyer or external legal counsel to a number of Greek banks, having held senior posts. She studied law at the Universities of Athens and Paris 2, where she received two Master degrees, in European law and in Commercial law.

Federico caparrós boschAttorney at law in Buenos Aires, Argentina. Partner, Caparrós & Asociados

Federico has an extensive private practice in law, with emphasis in banking law, mergers and acquisitions and debt restructurings. He has been member of the Board of Directors of the Central Bank of Argentina, and has been involved in several bank restructurings in Argentina, including the negotiation, drafting of documents and judicial matters. He was also member of the drafting commission of the Financial Entities Law Reform, presented by the Central Bank in 1998 and partly enacted as law n° 25.780 in 2003. In the private practice, he has represented several banks in failed financial institutions restructurings and bankruptcies. He is a lawyer with a J.D. degree from The University of Buenos Aires and a Master of Laws from the University of Chicago. He currently practices law in Buenos Aires.

Federico has also been a consultant to the World Bank in matters regarding the financial sector in Venezuela and in Honduras. He lectures regularly banking law at Di Tella University, Buenos Aires.

richard J. Osterman, Jr.Former Deputy General Counsel, Litigation and Resolutions Branch, FDIC

Rick Osterman is a former Senior FDIC attorney with extensive experience in bank-ing, receivership law and litigation. He served as Deputy General Counsel leading the Litigation and Resolutions Branch in the Legal Division of the FDIC from June 2007 to June 2016. The Branch provided litigation counsel for FDIC and comprehensive legal support for FDIC’s resolution and receivership functions.

On two separate occasions (May 2012-Febuary 2015; August 2010-November 2010), Mr. Osterman served as Acting General Counsel. As the Corporation’s chief legal officer, he led the Legal Division in providing legal counsel to the Chairman and Board on complex matters including implementation of Dodd Frank Act provisions, deposit insurance, assessment and receivership issues. He testified on behalf of the FDIC before the U.S. Congress and the U.K. Parliamentary Commission on Banking Standards.

During Mr. Osterman’s extensive FDIC career, he also served as Assistant Gener-al Counsel for the Receivership Operations and Litigation Section, which included Professional Liability, Financial Crimes and Receivership Operations and Policy. He worked extensively on the Federal Deposit Insurance Reform Act and was a primary legal contact for implementation of the law. In addition, Mr. Osterman served in various areas of the Legal Division including supervision, deposit insurance, assess-ments, legislation and appellate litigation.

Before joining the FDIC, Mr. Osterman served at the Federal Home Loan Bank Board where he represented the Bank Board on regulatory matters and supervised com-plex commercial litigation and professional liability actions.

Mr. Osterman received his B.A. from Swarthmore College and his J.D., cum laude, from the University of Baltimore School of Law, where he was a member of the law review. He is a member of the Maryland Bar, the bars of several United States Courts of Appeals and the United States Supreme Court.

stuart Mcneill Partner for Pinsent Masons LLP, UK

Stuart is a highly-experienced commercial litigator and heads the London office’s Financial Markets Litigation team. He has handled some of the firm’s most complex and high value cases, including a €650m repo termination dispute and a noteholder dispute under the infamous “Dante” flip clause litigation for Lehman Brothers Inter-national (Europe) (in Administration), a swaps claim for a Philippines’ state entity and various guarantee and facility claims. He successfully represented Novo Banco in defending an $850m claim by Goldman Sachs and a group of pension/ hedge fund in the first UK case brought under the 2014 Bank Recovery and Resolution Directive. He has written about, and spoken on, finance litigation.

Kolja stehlShearman & Sterling (London) LLP

Kolja Stehl is counsel in the global Financial Institutions Advisory & Financial Regu-latory practice. He shares his time between the London and Frankfurt offices where he advises banks, insurers, financial services providers, fund managers, clearing houses, trading platforms and settlement systems on legal and regulatory aspects of their businesses and transactions, particularly in relation to Germany. Kolja also advises on a broad range of domestic and cross-border financial restructurings and finance transactions, with a focus on bank resolution, combined bank/bond financ-ings and structured finance.