Let’s Go to Court…
“The preceding year was marked by several important developments. First of all, the ongoing financial crisis had a sobering effect on clients as well as law firms. Clients are no longer willing to pay undetermined hourly rates. They tend to ask their counsels to provide an estimation of costs or a cap before the conclusion of the legal representation agreements or even ask for contingency or conditional fees. This trend requires lawyers to offer the utmost expertise in each case in order to be able to satisfy the growing demands of clients”, Irina Nazarova, managing partner at ENGARDE, says. “The number of litigations and arbitrations has shown considerable growth. One of the downsides of this development is that the number of claims filed against Ukraine in investment disputes, including those at the ICSID, has increased substantially. Unfortunately, assessment of the chances of successful outcomes for Ukraine in the majority of such proceedings is rather pessimistic. On the other hand, the results of the last 12 months demonstrate that the commercial litigation market has great potential and grew significantly in 2009. Therefore, a professional and caring lawyer would be able to stay afloat even under the pressure of the global financial crisis.”
Vasil Kisil & Partners continues to hold its position as the leader of Ukrainian litigation practice due to excellent experience and reputation in multi-jurisdictional and local disputes handled by it on a regular basis. Its litigators represent clients in antitrust, commercial, corporate, employment, energy, environmental, insurance, intellectual property, tax, trade and other types of disputes. In particular, in 2009 the team represented an oil and gas exploration and development company in a high-profile litigation case against the Ministry of the Environment and Natural Resources of Ukraine related to the validity of the special permit to explore and develop oil and natural gas resources in the northern Black Sea deepwater area. Another recent highlight is successful representation of a transnational investment company focused on the oil and gas sector in Eastern Europe in disputes over a number of drilling sites related to bankruptcy proceedings of the Poltava Oil and Gas Regional Enterprise. The litigation team also acted for a number of Ukrainian and foreign banks in disputes related to multi-million loan receivables and collaterals collection. Oleg Makarov, Oleksiy Filatov and Vadym Belyanevych are consistently acknowledged as leading Ukrainian litigators highly regarded by peers. Andriy Stelmashchuk was also mentioned as a skilled litigation practitioner.
Magisters in Ukraine continues to be mentioned as one of the leading law firms in litigation. Magisters helped the state-owned UkSATSE reach favourable pre-trial settlement with the Royal Bank of Scotland (RBS) in a case regarding the unauthorized transfer of UkSATSE’s funds by the RBS. In this particular case, the successful strategy ensured prevalence of the state enterprise in a dispute with one of the world’s largest banks. Magisters’ partners Serhii Sviriba and Olexiy Reznikov are very visible figures amongst Ukrainian litigators.
Volkov Koziakov & Partners is a significant player on the litigation practice market and is active in various types of disputes. The team is led by partners Mykola Podpalov and Ihor Martsyn, and recently successfully represented the interests of large retail network EpiCentre K in litigation against the state prosecutor regarding title to the building of its shopping centre in the city of Khmelnytskyi is well as one of the biggest international restaurant chains in a number of court cases.
The litigation practice in the Salkom law firm has a strong reputation on the market. This is confirmed by recent successful representation of the interests of a Ukrainian subsidiary of an international bank group with regard to a lawsuit on debt recovery. Also a protection of interests of a large foreign oil company in a case with Ukrainian state bodies should be mentioned. Andriy Kuznetsov, Olga Prosyanyuk, Taras Lukash are named as leading litigators in the past year.
According to the case record of litigation practice in Baker & McKenzie, its workload appeared to be much wider than in previous years. The firm’s team acted for ArcelorMittal Kryvyi Rih in several large litigation cases initiated by Zaporizhya Ferroalloy Plant regarding collection of prepayment under agreements for supply of ferroalloys. Among its clients were commercial banks, providers of satellite communications services, international manufacturers of agricultural machinery, fiber optic companies, marine services and oil and gas, investment companies, etc. Partner Svitlana Romanova has extensive experience on matters related to dispute resolution.
The litigation practice area appears to be one of the most dynamic at Konnov & Sozanovsky. The firm’s activity was noted in IP, real estate, antitrust, etc. The team successfully represented the interests of Russian Tupperware LLC in a dispute with a Ukrainian party on recovery of overdue payment for delivered goods; Montazhnaladka LLC in a dispute with a German entrepreneur pertaining to the recovery of advance payment made under a supply agreement and others. Julia Semeniy, Vitaliy Pravdyuk, Andrey Nikonenko and Yevgeniy Kornievsky acted as litigators in the areas of their prime specialization.
Due to the strong reputation of founding partners Irina Nazarova and Andriy Vyshnevsky, the established practice of the ENGARDE law firm is already known on the market. Last year the team was involved in a series of sound and complex cases. The highlights of 2009 include representing Metinvest B.V. in a lawsuit against Commercial Bank Unex and Ingulets Mining and Dressing Integrated Works regarding recovery of a USD 210 million debt; Double V in the USD 70 million dispute with Raiffeisen Property Management GmbH and Sassk LLC; LugCentroKuZ in a USD 20 million dispute with Transbusiness-K regarding fraud and forging of documents; 6 bakery plants in a USD 20 million dispute with Raiffeisen Bank Aval regarding a debt claim; Zamil Steel Industries of Saudi Arabia regarding termination of a banking guarantee contract, termination of a pledge contract, and annulment of banking guarantee; one of the largest international energy companies in negotiations with the State Tax Administration of Ukraine regarding tax collection matters and in proving the company’s actions to be legitimate; Allianz Ukraine Insurance Company with regard to its dispute against Indigo Insurance Company in a case regarding recovery of damages for non-fulfillment of a reinsurance agreement.
Spenser & Kauffmann successfully represented the interests of the biggest Russian producer of alcoholic drinks with the aim of collection of a remaining unpaid sum owed by a Ukrainian distributor in economic courts. Yuriy Petrenko is an experienced litigator who has a presence on the market and is recognized by peers.
Jurvneshservice’s litigation practice in the main covered representation of clients interests in civil, economic and administrative courts. The main highlight of the outgoing year is tax litigation on behalf of a taxpayer, the Kryukov railway car building works. The team of litigators included Anna Tsirat, Michael Shkabry, Dmitry Salatiuk and Natalia Vdovichenko.
The practice of CMS Cameron McKenna encompasses investments, employment, corporate, commercial and intellectual property protection disputes. Managed by the head of the commercial practice group Olexander Martinenko, the team was particularly active in the area of product liability/insurance claims case representing another major international car manufacturer in Ukraine; representing a Japanese industrial group in a commercial, corporate and labor disputes and a white-collar crime case against its former Ukrainian partners and a former Ukrainian employee of its Ukrainian subsidiary; acted for a European telecoms company in a dispute over the indebtedness of a Ukrainian telecoms company. The office was particularly involved in servicing disputes of behalf of clients from the transport sector.
Asters litigation team, which is led by managing partner Oleksiy Didkovskiy, was involved in cases regarding corporate governance and corporate law, antitrust and competition, contract law, labor and employment, IP, media and advertising, taxes and customs duties. The firm’s achievements in this practice in 2009 are: consulting the Telenor Group on numerous complicated litigation matters in Ukraine, including a transaction which is intended to end five years of litigation and arbitration proceedings between Telenor Group and Alfa Group Consortium (Russia); ED&F MAN on a recently closed transaction for the purchase of a minority interest; Nissan on litigation matters in connection with consumer rights protection; Coca-Cola Beverages Ukraine on labeling and advertising matters in connection with consumer rights protection; a Swiss agricultural company on collection of damages connected with delivery of agricultural products; Allianz Ukraine Insurance Company on litigation matters with the Indigo Insurance Company.
Thanks in the main to international clientele, Sayenko Kharenko specializes in complex commercial litigations and other dispute resolution proceedings with the involvement of a foreign party. In 2009 the firm made a significant breakthrough both in terms of diversification of cases and increase in the volume of dispute resolution work. The team successfully handled a number of commercial and labor cases; participated in several multi-jurisdictional arbitration proceedings; advised on complicated commercial and corporate disputes; and represented large multinationals in disputes with Ukrainian antitrust authorities. The firm represented the shareholders of a major soccer club in complicated arbitration proceedings; acted for one of the country’s largest industrial group in its dispute with the general contractor over a major real estate construction project; one of the leading basketball clubs in a dispute over employment contracts. Sayenko Kharenko’s client pool for dispute resolution advice includes Ukraine’s largest industrial groups, the country’s top soccer and basketball clubs, the leading banks and development companies. Sergiy Ignatovsky and Igor Sukhomudrenko acted across a variety of different sectors and make up the core of a dispute resolution group.
The Gvozdiy & Oberkovych law firm has a well-established litigation practice and successfully represents clients in court bodies of all levels and in state and municipal authorities. The firm’s team, which is headed by Valentyn Gvozdiy, recently represented clients in a significant number of disputes, including cases on invalidation of corporate rights, application of financial sanctions, taxation issues, disputes on property rights, and shareholders disputes. The most notable cases of 2009 include representation of South Airlines in a USD 4 million dispute on property rights over an aircraft with two air companies; Ukrainian company in the USD 2 million dispute with the Tax Administration Office of the Autonomous Republic of Crimea on taxation issues. Other clients of the firm’s litigation include Medcom Ukraine and Seifert Kyiv Architects.
The team of AGA Partners is occupied in the main by representing companies from the industrial and agricultural sector in Ukraine in national and international courts. Managing partner Aminat Suleymanova has expertise in representation at the European Court of Human Rights as well as in Ukrainian courts.
The attorneys of Andriy Kravets & Partners law firm led by partner Vladyslav Lyaskovskiy have considerable experience of dispute resolution, especially in resolving all types of corporate disputes. In 2009 the law firm significantly developed its litigation practice and assisted Cadogan Petroleum Plc in a dispute related to rebuttal of misleading information; advised legal counsels of Estron Corporation Limited in preparation of documentation for arbitration proceedings. It also represented TransBulkTerminal in disputes on contestation of tax notifications by the State Tax Administration of Ukraine regarding tax payments of USD 150,000; KESZ, a leading real estate company in Eastern and Central Europe, in a Ukrainian court in connection with recovery of EUR 105,000; and the Nokia Corporation in connection with a pre-judicial dispute resolution with Ukrtelecom.
The litigation workload of Arzinger in 2009 tackled various cases. Recent case highlights include: representations of interests of Insurance Company Veksel in a dispute on recovery of an insurance payment; Puma Ukraine in a dispute against Globus on loss of profit; Ukrainian subsidiary of a German industrial company in court proceedings on declaring an agreement on receivables assignment null and void and debt recovery; the Goethe-Institute in a dispute with the National University of Kyiv-Mohyla Academy, etc. The key contact of the firm concerning dispute resolutions are managing partner Sergiy Shklyar and partner Igor Tkach.
Pavlenko & Poberezhnyuk was distinguished by being a legal adviser to presidential candidate Sergiy Tigipko. Legal assistance included dispute resolution and litigation, managing a team of 10,000 lawyers across Ukraine, legal support to the Central Election Commission, etc. Oleksandra Pavlenko, an attorney-at-law, was the authorized representative of Sergiy Tigipko at the Central Election Commission. Ivankivrybsilgosp, the biggest fish farm in central Ukraine, and the Sport Hotel, were supported by a team of lawyers from Pavlenko & Poberezhnyuk in dispute resolutions.
Lidia Shevchenko and Olga Samsonova of D&D Lawyers represented the Lviv Macaroni Factory, Lviv Aqua Park, a Ukrainian alcohol retailer and logistic services company, a woodwork plant in disputes related to invalidation of loan and mortgage agreements. Delta Brands Incorporated was represented in arbitration hearings related to bills payment enforcement for a total value of USD 2 million.
INTEGRITES litigation practice focuses on corporate disputes and tax claims in the areas of real estate, construction and international trade. Ukrtelecom and Toshiba are among clients in these matters. Anna Tyshchenko and Olena Varenyk continually raise the firm’s litigation experience.
The past year was a busy one for Okhrimchuk Grushyn Khandurin, which displayed involvement in various cases. The team represented a client, the Oranta National Joint-stock Insurance Company, before Ukrainian courts of all levels in multiple disputes on corporate law and IP issues with individuals, legal entities and state authorities. Other recent highlights include representation of CJSC Telcom in a dispute with one of the local departments of the State Property Fund of Ukraine on property rights ownership; Electrotech LLC in a dispute with VAB Bank; A1 Group in a dispute with Ukrainian Consortium Ekosorb, Ukrainian real estate developer, on legal recovery, etc. The team of litigators is represented by Denis Okhrimchuk, Andriy Khandurin, Ruslan Ponko, Olga Balan and Roman Greba.
Paritet Law Firm has gained extensive litigation experience with differentiation in IP, international arbitration, family law, real estate, energy, tax, medicine. In 2009 the firm assisted a big Danish food processing company and a Danish food equipment producer in resolving disputes over debt insolvencies from some Ukrainian partners; provided legal advice on recognition and enforcement of foreign judgments in Ukraine to a big Russian developer which owns one of the biggest buildings under construction in Kiev. The firm represented in judicial proceedings major gas company ITERA International Energy LLC in respect to insolvency of its debtors for a sum in excess of USD 3.5 million. Igor Kyrylyuk, Yuliya Cherkashina, Oleksii Domashenko are named as the main practitioners.
Kiev Gide Loyrette Nouel advised a major European banking group on its Ukrainian consumer finance branch raising the interest rate. Over 90 litigations have been handled in Ukrainian courts on behalf of this client. Recent experience also covers representation of a major foreign car producer in a dispute with the AVTOBAZA company; representing a leading Spanish ceramics company in a dispute with its Ukrainian partner, a leading Ukrainian ceramics manufacturer. Apart from office head Karl Hepp de Sevelinges, Tetyana Bessarab and Daria Shypko were also engaged in proceedings.
Frequently named by market sources for its expertise in litigation, Ilyashev & Partners represented the Antonov Design Bureau in a dispute with State Tax Administration of Ukraine and Ukrrichflot against Wadan Yards Okean (large shipyard) in a dispute regarding construction of vessels. Partners Mikhail Ilyashev, Roman Marchenko and Maksim Kopeychykov are involved in the most resonant cases.
IMG Partners recently acted on behalf of client Capri Holdings in regional commercial courts. Ihor Melnyk, Nikolai Struts and Vasiliy Derluk were involved in recent litigations.
This year Jurimex was involved in such court disputes as admission as invalid bank and purchase and sale of corporate rights agreements, certificates of trademarks, decisions of tax bodies as well as return of real estate from illegal ownership. The firm also represented Yuzhenergostroi in a dispute with Ukrenergoatom. Lyubomyr Pitel, Jury Krajnyak, Bogdan Shapoval and Svetlana Yazykova make up the litigation team.
KPD Consulting acted as legal adviser and representative of Ukrtechpromleasing in courts. Vitaliy Patsyuk, Igor Kalitventsev and Olena Kyrylyuk successfully represented Kyivvodocanal in a number of court cases in commercial courts of all instances.
Andrei Kolupaev and Yuriy Katser of Lexwell & Partners represented Àricent Ukraine in a dispute against a telecommunication company in economic courts of Ukraine.
The practice of Peterka & Partners was focused on foreign trade disputes. The highlight of the past year included representation of Steel.S Slovakia, a Slovak subsidiary of the Italian Sassoli Group, in its trade dispute with a Ukrainian importer and ED&F Man Cocoa Ltd, a leader in the international cocoa products trade, with respect to a foreign trade dispute involving a Ukrainian seller.
Dynasty law firm represented clients in connection with their activity in courts of all instances, for example, issues of debt recovery, admission of property right, denunciations in the construction sphere; protected the interests of clients in accordance with civil, commercial, administrative legal and criminal procedures.
The court practice lawyers of ILF provided on the territory of Ukraine a range of actions directed to debt recovery from more than 35 debtors to Volvo Ukraine according to truck repairing works and services which were carried out. The firm also successfully acted as a representative of a large foreign bank in commercial courts. The legal team consists of Oleksiy Kharytonov, Olena Khytrova and Anna Gebeleva.
Legal Alliance Company is known for being active in disputes with state authorities as well as commercial, investment litigation and administrative disputes. Anatoly Menshikov, Illya Kostin, Irina Pustovitenko, Dmytro Tytarenko supported all the firm’s litigation matters.
Sevastopol-based Semenova & Partners law firm, which is headed by Marina Semenova, was engaged in land litigation in the Crimea and represented clients in disputes with the Ministry of Internal Affairs of Ukraine and its regional authorities.
Deloitte is recognized by successful representing clients’ interests before tax and customs authorities thanks to numerous experienced specialists. LEXFOR was engaged in conducting cases in different spheres as IP, land, corporate, bankruptcy and others. Jurline represented TIS-Ruda in a court dispute with Yuzhny Sea Trade Port. Alexandrov & Partners supported a dispute related to bank credit obligations of USD 18 million.