Egorov Puginsky Afanasiev & Partners (EPA&P), one of the most sizeable arbitration teams in the country, is known for a wide scope of its track record including investment, commercial and sport arbitration. Over 2013 the office reported on 25 cases with their aggregate value around USD 1.2 billion. EPA&P Ukraine is especially renowned for steady representations of the Ukrainian State. On the commercial arbitration front, the team is often attracted as an arbitration counsel by clients from the banking, finance, construction and pharmaceutical sectors. One of the landmark highlights of late is representation of the Ukrainian Football Club Metalist in an unprecedented case before the Court of Arbitration for Sports concerning allegations of match-fixing. The firm has successfully represented a footballer — Cristobal Marquez Crespo in the Dispute Resolution Chamber of the Football Federation of Ukraine obtaining an award granting requested relief in most of the claims. The practice consists of 9 lawyers, is co-headed by recognized expert and managing partner Serhii Sviriba, and Markiyan Kliuchkovskyi, partner, head of sports law practice. Dmytro Marchukov, counsel, is another key practitioner of the team.
Sayenko Kharenko is commended for its strong international arbitration performance in favor of both domestic and international clients. In 2013 the team enjoyed a wide array of arbitration mandates, having handled over a dozen arbitral proceedings in various jurisdictions, inter alia, Kiev, Lausanne, London, Moscow and Stockholm. The arbitration highlights of the past year include advising a leading Ukrainian medical products manufacturer in two interrelated arbitrations over factoring dispute before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation and the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI); representing Ukrainian companies in first— and second-tier arbitrations in GAFTA vs. leading international trading companies in the field of agricultural commodities; representing a Ukrainian telecommunications company in several UNCITRAL arbitrations vs. subsidiaries of one of the leading Asian telecom vendors as well as in SCC arbitration in a multi-contract trade finance dispute; acting for the client in LCIA arbitration against a multinational commodity trading and mining company regarding alleged breach of warranties under the SPA. Further, the arbitration team served as party— and institution— appointed arbitrators as well as presiding arbitrators in over 40 arbitrations seated in Kiev, Paris and Vienna. Dr. Tatyana Slipachuk, FCIArb, C.Arb remains among Ukraine’s most prominent experts in the area of international arbitration. Olena Perepelynska, another strong professional, is recognized in the market for her sharp arbitration expertise.
AstapovLawyers international law group stands out for its formidable caseload and sizeable team on board. The reported value of the projects is USD 1.5 billion. The 25-lawyer arbitration team is in particular demand from agrarian, banking and finance companies. Eugene Blinov, partner, is particularly seen in GAFTA and FOSFA representations. Oleh Beketov, partner, is especially active in the LCIA, ICAC at the UCCI proceedings. Andrey Astapov, managing partner, is a practice head.
With the outstanding recognition of its dispute resolution practice, Vasil Kisil & Partners demonstrated impressive increase of its international arbitration caseload. In 2013 the firm’s professionals participated as counsels, arbitrators and experts in arbitration proceedings with the total aggregate claimed reliefs amounting to over USD 3 billion as well as in arbitration-related proceedings (recognition and enforcement as well as setting aside of arbitral awards) initiated at Ukrainian and English courts for all such disputes’ amount totalling to over USD 19 million. Multimillion cases are a feature of recent practice. In particular, the team advises a subsidiary of a major Russian oil and gas corporation in respect of an investment dispute worth over USD 25 million and represents the client’s interests in the domestic proceedings within the pre-arbitration stage of dispute resolution. Another notable representation is acting for a Ukrainian energy company in an ad hoc arbitration proceeding under the 1976 UNICITRAL Arbitration Rules involving the state’s breach of obligations under the Energy Charter Treaty and the bilateral treaty concerning encouragement and reciprocal protection of investment as well as recovery of over USD 70 million in damages. The team consists of three partners and four lawyers. Oleksiy Filatov, partner, head of dispute resolution, handles litigation and arbitration, and in 2013 acted as an arbitrator. Oleg Alyoshin and Yaroslav Teklyuk, partners, and Pavlo Byelousov, senior associate, are key figures of the team.*
* In April 2014 Yaroslav Teklyuk became the head of the legal department of the National JSC Naftogaz of Ukraine.
In July 2014 Oleksiy Filatov has been appointed deputy head of the Administration of the President of Ukraine.
Throughout the past year Arzinger counted more than 10 international arbitration proceedings in its caseload, as well as cases on recognition, cancelation andenforcement of arbitral awards. The team develops its expertise across the wide range of arbitration regulations, and handles representation in various jurisdictions, including the Hague, Stockholm, London, Kiev. In a recent highlight is representation of interests of Ukrainian company, which is specialized in provision of building services, in a dispute with a Finnish company on debt collection in the Arbitration Institute of the Stockholm Chamber of Commerce; representation of English company in the debt collection case with the Turkish steel producer in arbitration court of London in accordance with the English Arbitration Act of 1996. The team continued acting for a Swiss company in a dispute which arose from more than USD 10 million contract with a state authority of Ukraine under UNCITRAL Arbitration Rules administrated by the Permanent Court of Arbitration in the Hague. The practice is headed by Markian Malskyy, partner, head of West Ukrainian branch, experienced in handling cases under the Arbitration Rules of ICSID, ICC, SCC, UNCITRAL, LCIA and ICAC. He demonstrated significant growth in individual performance over the last years as well as significant academic achievements. Natalia Ivanytska, Timur Bondaryev, Volodymyr Yaremko added input to the dispute resolution practice.
The primary focus of Grischenko & Partners is investment arbitration.Recently the arbitration team together with King & Spalding handled representation of the Ukrainian State as a respondent in the USD 1 billion international investment administration suited by JSC Tatneft (Russia). Another notable highlight is acting for the State Enterprise Energorynok to file an investment lawsuit against the Republic of Moldova. Sergei Voitovich is considered one of the most experienced arbitration counsels in Ukraine.
In 2013 ARBITRADE, Ukrainian litigation-arbitration boutique, increased its international arbitration caseload with a number of SCC, GAFTA, FOSFA arbitrations as well as traditional proceedings before local International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine and the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (ICAC Russia). The team arbitrated for a variety of clients, inter alia, Mega-Poligraf (Ukraine), EFKO (Russia), Exoil Trading S.A. (Switzerland), Tenfore Systems (UK), T Machinery a.s. (Czech Republic). Yuliya Chernykh has been awarded the Chartered Arbitrator status by the Chartered Institute of Arbitrators and has gained a number of appointments as arbitrator. The team has been strengthened with the arrival of promising arbitration practitioner Yaroslava Sorokhtey.
Having been engaged in a number of benchmark corporate and M&A projects in Ukraine, Avellum Partners has rapidly grown its arbitration practice, centering mainly on shareholder disputes.The 5-lawyer team advised Karavan Real Estate on litigation and arbitration strategies related to their dispute with a private equity fund on a USD 100 million investment; acted for Kernel Group on a number of disputes arising out of sale and purchase agreements, in particular in connection with the breach of warranties under sale and purchase agreements for the acquisition of Russian Oils, Enselco, and with the breach of warranties and indemnities under the sale and purchase agreement for the acquisition of Stiomi Holding. Another notable project is a representation of Invar International Inc., a group of private American investors, in a multijurisdictional shareholders dispute involving two private power plants under construction, including arbitration under the Swiss Rules of International Arbitration. Roshen, Sky Mall shopping centre, Loture Group, are among its clients. Kostiantyn Likarchuk, partner, is in charge of international arbitration.
Integrites continue to develop its international arbitration credentials, with a sharp focus on high-value disputes. The team was active in arbitration proceeding in the LCIA, GAFTA,ICAC at the UCCI, as well as in recognition and enforcement of the awards on the territory of Ukraine and the Russian Federation. In particular, the firm acted for a claimant, subsidiary of EastOne, in the LCIA against Sintal Agriculture Public Limited, large Ukrainian agriculture holding in a post-M&A dispute. Another landmark case of the team in 2013 is a successful representation of VAB Bank against an individual, a citizen of the Russian Federation, a former majority shareholder of the Bank in the LCIA Arbitration. The team acted a lead counsel to Rise PJSC (a part of UkrLandFarming) against Nibulon in the GAFTA dispute. The notable clients include Adamant Private Equity Fund, Investment (asset management) company TOV Praktika, Air Liquide Engineering and Services, SC Johnson. After the departure of Maksym Kodunov the practice is led by the recently joined partner Vsevolod Volkov.
The spectrum of disputes of Baker & McKenzie has recently been particularly focused on ownership disputes with the real estate sector, as well as recognition and enforcement of foreign arbitral awards in Ukraine. Partner Ihor Siusel is a known market figure.
CMS Cameron McKenna remains involved in energy arbitrations as well as added recent instructions in maritime and contractual disputes. The Kiev office continued acting as experts and co-counsel on Ukrainian law issues for a major Russian company, in an investment arbitration against Ukraine under Russia — Ukraine Bilateral Investment Treaty. In the past year the firm also represented an English freight company in maritime arbitration of the LMAA in a dispute with a Greek shipowner. The coordinator of dispute resolution in Kiev, Sergiy Gryshko, and senior partner Olexander Martinenko are the main force.
ENGARDE, a Ukrainian firm known for its distinctive representation in the disputes before arbitral institutions under LCIA, ICC and UNCITRAL Rules, as well as Ukrainian law experts appointed by foreign counsels within international arbitration disputes. In the past year the firm’s performance featured with acting as arbitrators in a number of multimillion disputes. The managing partner Irina Nazarova is active as arbitration counsel, arbitrator and litigator. She is Ukraine’s representative in the Commission on Arbitration of the International Chamber of Commerce (Paris) and is a renowned figure within the international arbitration community.
In the past year the Kiev office of Dentons handled recognition and enforcement of arbitration awards assignments. The members of this team are enlisted as Ukrainian law experts in arbitration proceedings. Oleg Batyuk, Myron Rabij, Volodymyr Zakhvataev are engaged in arbitration practice.
Asters demonstrated building up its international commercial arbitration capacities and handled several multi-million representations. The firm acts for clients in setting aside and recognition as well as enforcement proceedings. Oleksiy Didkovskiy, managing partner, known for his general commercial law expertise and growing engagement into dispute resolution work, is the team leader. Yaroslav Petrov, associate, is another key practitioner.
AGA Partners has a vivid focus on GAFTA, FOSFA and LMAA arbitrations. The firm arbitrates for UkrLandFarming, Ramburs group, Eastmarket Grain LLP, Scanwel companies group, Tenfore Systems LLP, Veles Trade, etc. Among the recent highlights is the USD 26.5 million case of PJSC Rise at GAFTA arbitration. For many years the firm is led Aminat Suleymanova, contributed by Ivan Kasynyuk and Irina Moroz.
Vox Legum, domestic firm founded in March 2013, was seen in sport arbitration. Mykhailo Spasov, the managing partner, represented interests of the Ukrainian Figure Skating Federation (UFSF) in the Court of Arbitration for Sport in connection with a claim against the International Skating Union regarding cancellation of the decision of the ISU Disciplinary Commission imposed against the UFSF.
Interlegal, an Odessa law firm with dedication to maritime and shipping, is apparently known for its distinctly maritime-featured arbitration. In 2013 the firm represented Emer Ltd vs. Firstmar Shipping in the LMAA arbitration on claim of loss of cargo; Phoenix Shipping v. DDS Shipping in the course of arbitration as for port agency fees recovery. Nataliya Myroshnychenko, associate partner, led the team of Andrey Perepelitsa, Alexey Remeslo, Dmytro Zagorodnyuk.
In 2013 the Odessa-based Lexcellence Law Firm represented the Transport Counsellors International Ltd (Greece), the representatives of the Company Marine Traders Inc.that claimed USD 5 million damages from the PJSC Bank Morskoy during the arbitration in London. Senior partner Vagif Mallayev and associate Victoria Konograi are the key practitioners.
The practice of Jurline Law Firm, Odessa, is centered on debt collection arbitrations derived from contracts on shipyard work. The team’s arbitrations are held mostly at the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation. The Iliyichevsk Ship Repair Yard is among its clients.
Having a keen focus on handling disputes, either local or international, Ilyashev & Partners worked on enforcement of foreign court judgments in Ukraine. BTA Bank and GE Money Bank are among its clients. Mikhail Ilyashev, managing partner, is a team leader. Dmytro Shemelin, who is known for his arbitration expertise in Grischenko & Partners, joined the team.
Lavrynovych & Partners acts on recognition, appealing and enforcement of international arbitral awards. The practice is led by managing partner Maksym Lavrynovych and acted for agrarian, construction and building materials producers.
Peers singled out the personality of Professor Mikhail Buromenskiy, head of the international law department at the Yaroslav Mudryy National Law Academy.
LCF Law Group has expertise onenforcement of foreign arbitral awards in Ukraine. Andriy Kravets & Partners enjoyed an efficient arbitral proceeding while having represented Willrex Management Limited in ICAC at the UCCI. IMG Partners, as led by Yulia Vertiporoh, represented Five Povers s.r.l. at the ICAC at the UCCI on dissolution of a loan agreement with a farm enterprise and debt collection.
Regional Desks of International Law Firms
(Listed in Alphabetical Order)
Freshfields Bruckhaus Deringer, a powerhouse for international dispute resolution, is on the forefront in international arbitration. The experienced team is led is by Noah Rubins, partner in the dispute resolution team in Paris and head of the Russia/CIS dispute resolution group. The practice group enjoys a number of high profile mandates related to real estate ventures between international and Ukrainian entities. In 2013 Noah Rubins acted as chairman to the Arbitral Tribunal held under the Rules of Vienna International Arbitration Centre between a Swiss and Ukrainian entity involved in a purchase and sale agreement dispute. Ian Terry and Christian Duve are other important figures in the group.