Maxim outlined the key issues to be considered when drafting a corporate agreement in view of the challenges presented by current conditions, and discussed a number of significant trends and issues, including:
the exclusion of holdings registered in "unfriendly" jurisdictions and the transfer of corporate agreements to Russian companies and their amendment to meet the requirements of Russian law
dispute resolution forum shopping
mechanisms to protect rights in the event of a breach of the corporate agreement
the risk of options becoming unexercisable because of regulatory approval requirements