During the period under research, Sayenko Kharenko acted as counsel and Ukrainian law adviser in over 20 cross-border disputes and arbitral proceedings under a variety of institutional rules, including those of the ICSID, SCC, ICC and NAI Arbitration Rules, as well as UNCITRAL Arbitration Rules. Selected projects include acting for the State of Ukraine, alongside an international counsel, in an Energy Charter investment arbitration initiated by the minority shareholders of PJSC Ukrnafta under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce with a claim amount of around USD 5.4 billion. The team acts as Ukrainian counsel of the State of Ukraine in an ICSID investment arbitration initiated by a shareholder in PJSC Aerosvit under ICSID Arbitration Rules with a claim amount of around USD 700 million. The firm has a solid track record of recognition and enforcement of arbitral awards in Ukraine and other jurisdictions. For example, it is currently representing Prominvestbank in court proceedings in Ukraine initiated by Everest Estate and 18 other award creditors to enforce the investment treaty award against the Russian Federation in Ukraine to the amount of around USD 139 million against the assets of several Russian and Ukrainian banks. Olexander Droug, promoted to partner in March 2018, is team leader. He became known for acting on strategic international investment arbitration cases. Other key figures include counsel Volodymyr Yaremko and senior associate Olesia Gontar. Partner Dr. Tatyana Slipachuk was elected head of the Central Election Commission of Ukraine and left the firm.

The outstanding merger of Asters and EPAP Ukraine in October 2018 produced the largest Ukrainian law firm. The joint team possesses extensive experience of arbitration and other forms of alternative dispute resolution. The firm represents investors as claimants and governments as respondents in arbitrations arising under bilateral investment treaties and assisted its clients in enforcing foreign arbitral awards and judgments in Ukraine. The firm has experience of representation in arbitral proceedings, inter alia, by the rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (VIAC), Arbitration Institute of the Stockholm Chamber of Commerce, and American Arbitration Association. Among the soundest work highlights in 2018 is acting as local Ukrainian counsel to Oschadbank in connection with its claim against the Russian Federation for receiving compensation as a result of the total loss of its investments in Crimea after Russia’s annexation, with Quinn Emanuel Urquhart & Sullivan acting as the lead counsel. The international arbitral tribunal issued its final award sustaining Oschadbank’s claims in full (USD 1.3 billion plus post-award interest). Another significant case is acting for KVV Group in an investment arbitration dispute with the Government of Latvia relating to a failed investment in a major Latvian steel plant, and is administered under the ICSID Convention and Arbitration Rules. The sizeable team is managed by three partners, namely Markiyan Kliuchkovskyi, Oleksiy Didkovskiy and Serhii Sviriba. Yaroslav Petrov is known for energy disputes work. Svitlana Chepurna is noted for her work in a huge Oschadbank case.

INTEGRITES international arbitration practice is one of the busiest on the Ukrainian market. In 2018 the firm secured several big wins in multimillion arbitrations and gained a number of further projects. The portfolio of arbitration cases in 2018 included commercial arbitrations in different venues and under different rules (LCIA, SCC, ICC, SCAI, ICAC (Ukraine), ICAC (Russia), GAFTA etc.). The team became a point of choice by major industrial corporates, state enterprises, agrarian and energy companies. The firm recent track record includes representing a leading steel plant in Ukraine in a multi-party LCIA and ICC arbitrations arising out of loan agreements. The team has won ICAC (Ukraine) arbitration, having represented the interests of a Ukrainian state entity in a dispute initiated by a Russian chemical giant, and continued representation in arbitral proceedings with over USD 190 million in a stake regarding revision of a gas transit tariff. The firm successfully assists Moston Properties Limited (UK) with award enforcement in Ukraine against PJSC UkrGasVydobuvannya. The sizeable team is headed by Olena Perepelynska, partner and Head of CIS Arbitration, who is also President of the Ukrainian Arbitration Association. She is praised for her significant experience as both lead-counsel and co-counsel. Dmytro Marchukov, partner, Serhii Uvarov, counsel, and Krystyna Khripkova, senior associate, are the team’s core members.

Dynamically-growing Ukrainian law firm AEQUO acts as the clients’ counsels, experts and arbitrators in commercial and investment international arbitration proceedings. The firm stands out for involvement in strategic politically sensitive matters in the energy sector. In particular, the firm acted as the Ukrainian law counsel in a big victory for Naftogaz of Ukraine in a series of SCC Arbitrations against Russia’s Gazprom, under long term gas supply and transit contracts. The overall outcome was that the gas sale contract in question was significantly amended in line with Naftogaz’s claims, and Gazprom was ordered to pay a net amount of USD 2.56 billion to Naftogaz. Pavlo Byelousov, practice head, has been promoted to partner. He has been also appointed an arbitrator in over 10 international arbitrations. Denis Lysenko, managing partner, acts on energy disputes, as well as tax and regulatory disputes. Myroslava Savchuk, counsel, represents clients at both commercial and investment arbitration tribunals, as well as before Ukrainian domestic courts regarding the enforcement of foreign judgments and arbitral awards.

Arzinger law firm renders full-scale services related to international arbitration. Throughout the year the team handled many international arbitrations administered by the world’s leading arbitral institutions, including proceedings under the Rules of the ICSID and ad hoc arbitrations, particularly under the UNCITRAL Rules. The significant highlight was representing a major international banking and financial institutions syndicate in a variety of loan recovery cases for the sum of over USD 700 million against one of the largest producers of high-quality merchant coking coal concentrate and coke in CIS. Legal support in the consolidated London Court of International Arbitration proceedings was complicated by a number of assignments and multiple foreign and Ukrainian borrowers, some of them located in Anti-Terrorist Operation Zone of Ukraine. Markian Malskyy¹, partner and head of the arbitration practice, is recommended as an arbitrator in 11 domestic and international institutions. Oksana Karel, standing practitioner of the practice group, is noted as an up and coming practitioner.

ENGARDE is widely referred to as an arbitration and dispute resolution ­boutique. The team is well known for its excellent expertise and pro-arbitration activity. The firm’s track record includes both investment and commercial arbitration matters. The scope of recent caseload included disputes related to investment and shareholders agreements, debt recovery. Managing partner Irina Nazarova is practice head, and is a highly sought after as an arbitrator. Andriy Vyshnevsky, Roman Ognevyuk and Dmytro Donenko are other partners involved in arbitration matters.

In 2018 ARBITRADE’s investment arbitration practice received a boost, with an award delivered in favor of its client in investment arbitration proceedings under ICSID rules which had lasted for over four years. In July 2018, an arbitral award was rendered in an investment arbitration case against Ukraine under the Ukraine — Netherlands Bilateral Investment Treaty which was considered under the rules of ICSID where the firm represented the claimants. The department has also seen a wide variety of commercial arbitration cases under the rules of a number of arbitration institutions: ICC, VIAC, LCIA, the Court of Arbitration at the Polish Chamber of Commerce in Warsaw, in addition to commodities arbitrations under the rules of GAFTA and FOSFA. Andriy Shulga is the lead partner and practice head. Bright Yuliya Chernykh, of counsel, in addition to her work as a party representative, remained active in many other capacities in the arbitration community. She is regularly appointed as an arbitrator and is a National Correspondent for Ukraine for the ­UNCITRAL Clout system.

2018 was a breakthrough year for AVELLUM as AGA Partners became part of the firm. The latest team has recognized leading position of commodity arbitrations among Ukrainian law firms — advised clients on deals reflecting about 30% worth of Ukrainian agricultural commodity exports. The practice is led by partners Aminat Suleymanova, Ivan Kasynyuk, and Iryna Moroz. Partners Mykola Stetsenko and Glib Bondar are currently involved as Ukrainian law experts, in 8 investment arbitrations with the total disputes value exceeding USD 2 billion, including landmark investment arbitrations brought by Ukrainian investors against the Russian Federation regarding expropriation of their investments in Crimea after it was annexed.

The international arbitration practice of Eterna Law is active in disputes arising in the agrarian and energy sectors, transportation. The team is constantly hired by banks and private investors. Among 2018 significant cases are representing Korlea Invest AS an UkrEnergy Trade in the VIAC arbitration proceedings commenced due to violation by the defendants of export contracts for supply of electricity from the so-called Burshtyn Island (Ukraine) to Slovakia, Romania, Hungary. The firm has proven expertise in commodities arbitration. Eugene Blinov is head of international arbitration practice, Oleh Beketov heads international litigation. In 2018 Aleksandr Lugovskyi was appointed to a partner position, and he is also in charge of a range of arbitration projects.

With a well-diversified dispute resolution practice on the market, Kinstellar has an impressive track record in handling landmark arbitrations in various jurisdictions under a variety of international institutional and ad hoc arbitration rules. The team has recognized strength in sophisticated shareholders and post-M&A disputes. In particular, the team represented a Ukrainian high net worth individual in LCIA arbitration in connection with a post-M&A dispute for alleged breach of obligations under a share purchase agreement in a dispute related to the sale of one of the largest agro holdings in Ukraine; represented a minority shareholder of a large Ukrainian agricultural company operating a land bank in Eastern and Central Ukraine in ICC arbitral proceedings commenced by a sovereign wealth fund in a post-M&A dispute for breach of a shareholders’ agreement and other transaction documentation and compensation of damages. Kostiantyn Likarchuk, managing partner in Kyiv, is the head of the dispute resolution practice firm-wide. Counsel Mykyta Nota, FCIArb, acts regularly for clients in international arbitrations under ICC and LCIA Arbitration Rules.

CMS Cameron McKenna Nabarro Olswang in Ukraine is known for its strong energy practice and impressive profile of investment arbitrations. In 2018 the firm has completed several complex investment arbitrations. In particular, under the Energy Charter Treaty (acting as a Ukrainian law counsel in the SCC arbitration proceeding brought against Ukraine, including obtaining the first ever emergency award against Ukraine) and under Russia — Ukraine BIT as well as the Netherlands — Ukraine BIT. Olexander Martinenko, senior partner, acts regularly as an expert witness on Ukrainian law for major foreign investors in various arbitration matters.

Recognized dispute resolution heavyweight Ilyashev & Partners handles international commercial arbitration across major arbitration rules. For example, the firm represents the interests of the state-owned self-financing foreign trade enterprise Spetstechnoexport in the process of settling a dispute with Blessway Limited (Cyprus) on non-fulfillment of a contract for the supply of goods. The firm also acts on debt recovery disputes in prominent arbitration centers, and is notably active in Russia. The practice team represents the interests of Niel Natural Resources Investments S.A. in a dispute with Global Telecom Holding S.A.E. to return the deposit as a result of a failed transaction for the purchase of Telecel Globe. The firm also accompanies the procedures for appealing arbitral awards, as well as recognizing and enforcing arbitral awards in Ukraine and abroad. The firm’s partners regularly act as expert witnesses in the soundest large stake arbitration cases of 2018. Roman Marchenko provides expert opinions on Ukrainian law (for example, in the resonant Privatbank case). Mikhail Ilyashev acts as an expert on Ukrainian law (landmark case is the dispute according to LCIA rules on the claim of Littop Enterprises Ltd, Bridgemont Ventures Ltd and Bordo Management Ltd — minority shareholders of Ukrnafta, against Naftogaz of Ukraine and Ukrnafta).

Lexwell & Partners regularly represents the State of Ukraine in investment disputes, as well as state-owned companies in commercial arbitration cases. In particular, the firm is the Ukrainian law counsel in a dispute between Ukraine and foreign investor Krederi Ltd regarding the legality of depriving the latter of rights to a number of land plots on the territory of Ukraine and recovery of damages. It also represented the State Property Fund of Ukraine and Odesa Portside Plant within the framework of international arbitration proceedings concerning the appeal of recognition of the decision of the tribunal of the Arbitration Institute of the Stockholm Chamber of Commerce in Ukraine to recover the debt from the plant in favor of Ostchem. The firm is known for its strong expertise in the energy sector, and acts for Naftogaz of Ukraine in a USD 5.4 billion international arbitration proceeding with minority shareholders in Ukrnafta. The team, as led by Andriy Kolupaev, managing partner, includes Igor Nagai and Tatiana Kolga.

Ukrainian law firm Redcliffe Partners acts for clients in both international commercial and investment arbitrations across a wide range of industries. The firm currently acts for LG Electronics Ukraine in arbitration under ICAC Rules which was based on a rare arbitration clause. ­Despite it being a newly-established practice, the team already teamed up with international arbitration majors. Sergiy Gryshko, the head of team, is regularly appointed as an arbitrator.

Vasil Kisil & Partners, one of the most recognized domestic and cross-border litigation teams, represents clients in international arbitrations under major arbitral rules, including ICC, LCIA, ICSID, SCC, VIAC and UNCITRAL rules. The firm is constantly chosen for big ticket commercial arbitrations and a complex multijurisdictional investment-related disputes across strategic economic sectors. The team acts as Ukrainian law counsel and an expert in Ukrainian law for SCM Financial Overseas Limited, the defendant, in the USD 760 million dispute relating to the privatization of Ukrtelecom and subsequent sale of shares in the company which had obtained control over Ukrtelecom as a result of privatization. Another notable highlight includes acting as Ukrainian law counsel for Ukravtodor in the London High Court Litigation and ICC Arbitration in London in relation to the contractor’s claim based on the alleged breach by Ukravtodor of a ­FIDIC contract on road repair. Oleg Alyoshin, lead partner, is an established name on the market. Vasylyna Odnorih, associate, is noted as a promising practitioner in ­arbitration.

Marchenko Partners focuses in investor-state disputes against Ukraine and effectively employed investor-state disputes settlement (ISDS) mechanisms under bilateral and multilateral investment treaties. The unique highlight is that the team acts at early stages of these conflicts to prevent or resolve them amicably. The firm achieved 3 out of 5 pre-arbitration settlements in investor-state disputes against Ukraine. Among the public cases is acting for Home Group S.A. (Luxembourg) and its subsidiary Morgan Furniture LLC (Ukraine) in an investor-state dispute and negotiations with the Government of Ukraine in connection with a provisional ban on its export-import operations and fines imposed by State Fiscal Service of Ukraine. Partner Oleh Marchenko heads the dispute resolution team.

Throughout last year LCF Law Group intensified and expanded the international arbitration practice, accompanying disputes in the ICC, GAFTA and other arbitration institutions. In particular, the firm acts as a Ukrainian law counsel to Ukravtodor in an international arbitration dispute under a FIDIC contract, which is considered according to the ICC rules. The firm also represents the interests of Prominvestbank in disputes on the appeal of recognition and permission to enforce the decision of the Hague Arbitration Court in Ukraine. Counsel Julia Atamanova, MCIArb, is a key expert.

Grischenko & Partners is well known for its long-standing involvement in investment arbitrations in recent years. In 2018, the firm acted on the recognition by a Cypriot court of an arbitration award of the ICAC at the Ukrainian Chamber of Commerce and Industry, which was issued following consideration of the claim of the Ukrainian state company Ukrkosmos against a non-resident company. Sergei Voitovich, partner and widely recognized authority in investment cases, was included in the newly-created CIETAC International Investment Panel of Arbitrators, becoming the only representative of Ukraine.

Many foreign law counsels that are ­active in large stake arbitration cases involving Ukrainian companies enlist ­ANTIKA Law Firm for their Ukrainian law expertise. The firm develops a system for protecting the interests of clients in arbitration institutions and representation at all stages of enforcement procedures, including recognition and enforcement of foreign courts and international arbitrations awards. The team included managing partner Dr. Alexey Kot and partner Sergii Korniienko.

The dispute resolution team at Baker McKenzie’s Kyiv office is involved in representing clients in international arbitration proceedings and in court proceedings on the recognition and enforcement of foreign arbitral awards in Ukraine. Ihor Siusel is lead partner.

Another part of CMS in Ukraine CMS Reich-Rohrwig Hainz has been engaged in various matters for a number of international clients in cases against Ukrainian debtors. Partners Maria Orlyk and Anna Pogrebna are the main contacts.

In 2018 Dentons’ Kyiv office team represented Misen Enterprises AB in international arbitration in connection with a dispute under the bilateral investment treaty between Ukraine and Sweden, as well as on a joint activity agreement between Misen and UkrGasVydobuvannya PJSC. Oleg Batyuk, managing partner, led the team.

EVERLEGAL launched its international arbitration practice with the arrival of Vsevolod Volkov as a lead partner. The team has been involved in several arbitration and pre-arbitration proceedings in commercial matters, including the London Court of International Arbitration, the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna, Swiss Chambers’ Arbitration Institution (SCAI).

The Odesa-headquartered law firm Interlegal handled a solid track record of representations of international grain traders in GAFTA arbitration proceedings. The team is known for its flourishing commodities arbitration practice which is developing in conjunction with its core focus on maritime and shipping. The team is led by partners Artem Skorobogatov and Natalya Myroshnychenko. The market knows the names of the senior team of Alexey Remeslo and Andrey Perepelitsa.

Odesa-based Jurline has experience of supporting large scale commercial disputes in GAFTA, FOSFA, LCIA, LMAA. The regional law firm has a range of sound local clients, out of agrarian, transportation companies, ship-owners, and its recent work included complicated disputes under the rules of LMAA Arbitration Rules. Daria Minchenko acts as practice head.

Legrant, maritime boutique in Southern Ukraine based in Odesa, possesses a focus on shipping and contractual disputes in international maritime and commodity arbitration institutions, including GAFTA, FOSFA, LMAA, UMAC, ICAC, etc. The client list includes ship-owners, forwarding agents, cargo owners, shipping agents, container lines. The recent portfolio is centered on representing a large foreign agro trader in GAFTA arbitration. Tatyana Titarenko, managing partner, is the core contact.

International commercial arbitration is one of the oldest practices the long-standing local law firm Jurvneshservice. The firm has a strong position in the aviation sector, and recently acted as legal advisor to Altum Air Inc. in a case initiated by Windrose Airlines on setting aside of the award of the ICAC (Ukraine) rendered in favor of the client, that is under the process of recognition and enforcement. Gennadii Tsirat is known for his wealthy academic background.

According to the research based on extensive interviews with arbitration counsels, the most in-demand Ukrainian law experts in international arbitration cases are Oleg Alyoshin (Vasil Kisil & Partners), Oleh Beketov (Eterna Law), Glib Bondar (AVELLUM), Mikhail Ilyashev (Ilyashev & Partners), Yuriy Katser (KPMG Law), Dr. Eugene Kubko (Salkom), Dr. Natalia Kuznetsova (Doctor of Law, Professor, Vice-President of the National Academy of Legal Sciences of Ukraine), Dr. Alexey Kot (ANTIKA Law Firm), Roman Marchenko (Ilyashev & Partners), Olexander Martinenko (CMS Cameron McKenna Nabarro Olswang), Dr. Irina Paliashvili (RULG — Ukrainian Legal Group), Mykola Stetsenko (AVELLUM).

1 On 5 July 2019 he was appointed head of Lviv Regional State Administration.

International Counsels*

Covington & Burling, an international law firm headquartered in Washington DC, has unrivalled experience handling matters in Ukraine and for Ukrainian entities. One of the core competences of its Ukrainian desk is investor-state arbitration. The team regularly represents both investors and states in high-profile investor-state cases and in other international disputes. The sound example is current representation of NJSC Naftogaz of Ukraine in its multi-billion dollar investment treaty claims against the Russian Federation for the expropriation of Naftogaz’s assets in the Crimea peninsula. The firm acts as an international arbitration counsel to several other Ukrainian investors in investment claims against the Russian Federation under the Ukraine — Russia BIT. Another work highlight is representation of Ukraine in a state-to-state arbitration against the Russian Federation alleging that Russia has violated the United Nations Convention of the Law of the Sea (UNCLOS) in the Black Sea, the Sea of Azov and the Kerch Strait. Partner Marne Cheek (Washington) is head of the desk. The key partners are Jonathan Gimblett and David Zionts (Washington), David Pinsky (New York) and Jeremy Wilson (London).

Headquartered in London, international law firm Fieldfisher is heavily involved in Ukrainian matters in particular investment treaty arbitrations, international commercial arbitration as well as English High Court litigation. The firm’s recent track record includes representation of Cypriot investors against Ukraine in investment arbitration brought in the SCC under the Energy Charter Treaty; represented claimants in an LCIA arbitration win against NJSC Naftogaz, and currently acts for a Dutch investor against Ukraine in an investment treaty arbitration on the expropriation of the claimant’s investment in a Ukrainian airline under the ICSID rules. The firm also acts in four interlinked bilateral investment treaty claims on behalf of Claimant investors under the UNCITRAL Rules (the Hague seat), relating to real estate investments made in the host state (Russia). Arik Aslanyan, partner, is the head of the Russia & CIS Group, renowned for his well-established connections with top clients across the region. Simon Sloane, Mikhail Basisty, Alexandra Underwood and Aymen Khoury are other involved partners.

Quinn Emanuel Urquhart & Sullivan, the largest business law firm in the world devoted solely to business litigation and arbitration, acted as a lead counsel to PJSC State Savings Bank of Ukraine (Oschadbank) in connection with its claim against the Russian Federation for recovery of compensation as a result of the total loss of its investments in Crimea. It became the first victory of a Ukrainian state-owned company in a matter concerning restoration of Crimea-related rights and interests through an international investment protection mechanism. London-based partner Alex Gerbi is experienced in disputes relating to Ukraine, Russia and other CIS territories.

International law firm Hogan Lovells is regularly involved in complex, high-stakes litigation and arbitration proceedings involving Ukrainian companies and businessmen. The firm’s international arbitration team is active in both investment treaty and commercial arbitration cases. In recent years, it has handled some of the most high-profile commercial arbitration proceedings between shareholders of major Ukrainian companies. In the investment arbitration sphere, Hogan Lovells recently advised Ukraine in connection with its dispute with the minority shareholders in Ukrnafta. The lead partners are Michael Davison, Kieron O’Callaghan, Markus Burgstaller and Ben Hornan.

Eversheds Sutherland provides legal services related to protection of interests of Naftogaz of Ukraine in foreign jurisdictions (including foreign state authorities, organizations, institutions, foreign courts, foreign financial institutions, before other entities and individuals) in all respects related to the execution of an arbitral award in favor of Italia Ukraina Gas S.p.A. (IUGAS) and potential arbitration proceedings upon the potential claim of IUGAS (or its successors) in the Arbitration Institute of the Stockholm Chamber of Commerce.

Foley Hoag is Ukraine’s legal counsel in investment arbitration against City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC, Prodiz LLC vs. Ukraine, and in Sinequanon Investment vs. Ukraine.

In 2018 Freshfields Bruckhaus Deringer provided legal services to protect the interests of Naftogaz in foreign jurisdictions on all issues arising in the country’s foreign economic activity.

Holland & Knight acts as a legal counsel in the Universal Trading & Investment Co., Inc. and Foundation Honesty International, Inc. vs. The Prosecutor-General’s Office of Ukraine case, the Ministry of Justice of Ukraine and the State of Ukraine.

King & Wood Mallesons has long-standing experience of representing Ukraine in investment arbitrations. Recent cases include representation of Naftogaz in a dispute with the minority shareholders of Ukrnafta before LIAC; representation of the state in its arbitration cases with JKX Oil & Gas and Krederi Ltd.

Lalive has been hired as a legal counsel to represent the State Enterprise Ukrenergo in arbitration against Russia with a claim on the indemnity of investment losses in connection with the expropriation of assets on the temporarily occupied territory of Crimea in accordance with Agreements on encouragement and mutual protection of investment.

Latham & Watkins represents Ukraine in Littop Enterprises Limited, Bridgemont Ventures Limited and Bordo Management Limited vs minority shareholders in Ukrnafta PJSC case. The firm also represents Ukraine’s interests in Gilward Investments B.V. vs. Ukraine case.

Sherman & Sterling (Paris) represents the State of Ukraine in Emergofin B.V. (Netherlands) and Velbay Holdings Ltd (Cyprus) vs. Ukraine in the International Center for Settlement of Investment Disputes.

According to open sources Wikborg Rein Advokatfirma AS (Norway) is currently acting for NJSC Naftogaz of Ukraine in resonant cases with Russia’s Gazprom.

Withers is a legal counsel to the State of Ukraine in ICSID case of City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC, Prodiz LLC vs. Ukraine.

* This piece of research is based on submissions of international law firms and information available in public sources, in particular: the Official Resource on Public Purchasing in Ukraine — ProZorro.