A Fault Confessed is Half Redressed

There is a strong association in society that the work of a lawyer deals, first and foremost, with court proceedings. Summing up the latest data, it should be noted that 9 out of 10 law firms provide legal advice to their clients in court and the names of litigators become as famous as their well-known cases. Today, the role of a lawyer in such cases has undergone certain changes. Corporate disputes now play a leading and interesting role in court practice. From this point of view, the result of the development of corporate practice leads to the need to reform the court system in general. This trend gives us hope that at a certain stage quantity will, at last, turn into quality. But, at the same time, the present situation in our country shows that such steps will not happen in the near future.

Vasil Kisil & Partners continuously confirm their unparalleled reputation and come highly recommended particularly for its litigation practice in Ukraine. The firm’s team consists of the most prominent and skilled litigators with experience in most complicated legal disputes in commercial, corporate, real estate and construction, intellectual property and product liability, insurance and other areas. In 2007 the litigation team of Vasil Kisil & Partners successfully represented Inter-Media, a subsidiary of Central European Media Enterprises, as a party to the dispute between Igor Kolomoyskiy and Oleksandr Rodnyanskiy for the 70% of the share capital of Studio 1+1, a major nation wide Ukrainian TV broadcaster; Ofer Kerzner in the dispute between shareholders of First Ukrainian Development, a real estate company with Ukrainian assets worth more than USD 1 billion; E.I. DuPont de Nemours & Co., a major US- based international company leading in chemical business, in a series of intellectual property protection cases; the creditors of Black Sea Shipping, the major Ukrainian and the ex- Soviet shipping company. Oleg Makarov, Oleksiy Filatov and Vadym Belyanevych have been consistently acknowledged as the leading litigation practitioners in Ukraine, including recommendations by international directories and legal market guides like Chambers Global, The Legal 500, PLC Which Lawyer?

The experienced team of Shevchenko Didkovskiy & Partners assists clients in matters regarding implementation of foreign judgments and arbitration awards in Ukraine. The most well-known case is representation of Telenor ASA in conducting cases with regard to the ongoing dispute between Telenor ASA and other major shareholder of CJSC Kyivstar G.S.M., LLC Storm, a company which is owned by Russian Alfa group Consortium. Oleksiy Didkovskiy is a well-known expert whose success is based on hard work and intellect.

Konnov & Sozanovsky attorneys at law provides legal assistance in the protection of clients’ lawful interests and rights, whether in administrative, civil, criminal, or commercial court proceedings. The firm’s experienced team has broad experience in litigation matters not only in Ukraine but abroad too. The firm’s lawyers recently represented OJSC State Savings Bank of Ukraine in the suit of A. Morozov and on the suit to return him to the post of President of OJSC State Savings Bank of Ukraine. The dispute was settled in a peaceful way. Konnov & Sozanovsky is also known for various successfully handled litigations concerning IP protection. For example, its attorneys represented Point Com LLC in the suit of copyrights on the musical composition “Never Let You Go”. AGA Partners can boast considerable litigation practice. The firm’s lawyers recently had a number of deals in ECHR representing companies from the industrial sector in Ukraine. The firm’s managing partner, Aminat Suleymanova, is recommended as a successful litigator, who does her best to protect individuals and various inte rests of well-known Ukrainian companies both in Ukraine and at the European Court of Human Rights (Strasbourg, France).

This year the Spenser & Kauffmann law firm was involved in a number of sensational court cases in the sphere of insurance, corporate and labor law. The firm’s clientele includes Alico AIG Life and LLC Kviza-Trade. This year the company can boast of several cases full of complexity, among them – ten simultaneous hearings on the same case and running legal disputes on protection of rights to a real estate object to the value of USD 15 million that belongs to a leading retail company. Yuriy Petrenko is mentioned for his experience in civil, administrative, commercial and labor proceedings.

Magister & Partners litigation practice has been considered one of the best for many years. The firm’s lawyers provide advice at all stages of dispute resolution, particularly pre-trial negotiations and the implementation of judicial decisions. The litigation team provides legal services for clients in economic courts, the Supreme Court of Ukraine, Supreme Commercial Court of Ukraine, Prosecutor-General’s Office and the Ukrainian State Patent Office. Both partners Olexiy Reznikov and Sergii Vlasenko represent the firm in different legal proceedings.

Grischenko & Partners has significant litigation practice in national administrative courts considering cases where income tax, VAT, excise duty, land tax, financial penalties are the main subject. The firm’s team in the field is headed by Dmitri Grischenko and combines Pavlo Kostynchuk and Maksym Makhynia.

Sergiy Koziakov & Partners has great potential within the scope of the litigation sphere. In 2007 the law firm completed a case handled by partner Irina Nazarova, in which the Kiev Court of Appeal recognized as unreliable information on alleged secret CIA prisons located in Ukraine and on the Ministry’s involvement, representing the Ukrainian Defence Ministry and Minister of Defence. Furthermore, Sergiy Koziakov was frequently mentioned by peers as a knowledgeable litigator. Sayenko Kharenko is further expanding its dispute resolution practice by covering all types of disputes or proceedings in which foreign entities may be involved in Ukraine. Traditionally, the firm has unique expertise in representing big market players in their disputes with Ukrainian antitrust authorities, and successfully closed new investigations in 2007. The firm also represented its clients in complex disputes involving title to their property in Ukraine, control over industrial companies and disputes with the tax authorities. Sergey Ignatovsky and Alexander Glotov are the firm’s partners responsible for various aspects of dispute resolution.

In 2007 Volkov & Partners represented InterLabService Ltd, in dispute with the Health Ministry in a case on challenging the results of the state purchases procedure; Cargill International S.A. in a dispute with guarantors in an issue regarding the joint-venture activity on the territory of Ukraine; PAN-TELECOM in a dispute with the National Commission for Communication Regulations on an issue to acquire a license for use of radio frequency resource; Kiy-Avia in a dispute with the tax authorities regarding the registered forms of air tickets. In 2007 the lawyers of Volkov & Partners represented the interests of four leading players on the Ukrainian detergents market in their litigation against another market player on invalidation of the purchase agreement which resulted in monopolization of the detergents market. The litigation team of the company included Andrey Karnaukhov and Oleksandr Aleksyeyenko.

Gramatskiy & Partners brings together professionals that have extensive experience of representation and defense of interests of subjects of entrepreneurial activity in the courts of general jurisdiction of Ukraine of all three instances and in international court institutions too. Among recent successful court cases one should note the recognition of the property rights to objects of real estate in the historical part of the capital of Ukraine. Tatyana Voloshina has a reputation as a key specialist of Gramatskiy & Partners in court activity.

Dispute resolution practice is one of the leading practices of Lexwell & Partners. Partners Andrey Kolupaev and Sergei Finogin are the best-known specialists in this field. This year the firm represented the interests of Gilson Investment with regard to a dispute regarding a shareholding in JSC Poltava Mining-and-Processing Integrated Works. The disputed sum is estimated to be about USD 670 million. The firm also successfully handled various disputes of Gas of Ukraine (Ukrainian government company) throughout Ukraine with claimed amounts coming to over USD 100 million.

Lavrynovych & Partners has wide litigation experience in different spheres. In 2007 the firm successfully represented Procter & Gamble Manufacturing Ukraine LLC against the tax state authorities (USD 1 million), represented TV and Radio Company Era in a dispute between the TV and Radio Company Era and the National Council for TV and Radio Broadcasting as to amendments and extension of a license (USD 8 million), represented Ukrsotsbank in collection of a credit issued by an Odessa branch of Ukrsotsbank to SE Cherasmorput (USD 4 million). The firm’s litigation practice is handled by Maksym Lavrynovych and Stanislav Skrypnyck.

All partners Gennady Tsirat, Dmitry Salatiuk, Anna Tsirat, Michael Shkabry and associates of Jurvneshservice, Taras Kulbaba and Alexandr Ushakov, are frequent participants of court proceedings as they have represented clients in different cases.

Andriy Kravets & Partners provides services to clients in connection with commercial disputes, collection of debts, disputes against tax authorities, state bodies, inheritance related cases, determination of title to immovable property. The team at Andriy Kravets & Partners recently represented in court the interests of a Ukrainian oil crushing plant in a case against an insurance company to the sum of UAH 6.5 million. Andriy Kravets and Vladyslav Lyaskovskiy have the intelligence and stamina to battle through long and tedious legal battles.

In 2007 Arzinger & Partners represented clients in all instances of courts on different categories of disputes: claiming of bank guarantee, claiming on denunciation of investment agreement and return of investments, debt collection, etc. Sergey Shklyar, Olexandr Matrosov, Anton Moskalenko, Igor Darmogray are permanently involved in various types of litigation.

Gvozdiy & Oberkovych recently participated in litigation under the claim of the air carrier South Airlines (UAE) against the Aviatechexport Company (Russia) as to the ownership title to an An-72 plane, in which the firm’s lawyers represented South Airlines. Valentyn Gvozdiy and Olehsandr Melnyk are known for a strong and wellestablished practice.In 2007, partners Natalya Shpak and Taras Shepel of the International Law Offices represented their Russian clients on matters related to property of the former USSR on the territory of Ukraine, and they were included in the inter-governmental commission of Russia on protection of property of Russian enterprises in Ukraine. In particular, the firm’s lawyers took part in a dispute on the return of social objects in Crimea (property of former USSR) Rumiantsev JSC MPO, a dispute on the return of social objects in Crimea (property of former USSR) - Almaz Antey Concern, disputes on pre-term termination of credit agreements, on application of the zero VAT rate for forwarding services (Alpha Trade B.V.).

The Dmitrieva & Partners law company provides services in this sphere concerning economic, tax law, issues of foreign trade activity, debt collection, and indemnification. The firm’s practitioners in the field of litigation include Oksana Tropets and Lyubov Ignatova.

One of the primary specializations of law firm Dinastia lies in participation in economic, civil and administrative disputes. In 2002 – 2007 the series of proceedings on recovery of Exchange Debt to an amount exceeding USD 22 million from Damen Shipyards Okean Nikolayev Ship-Building Yard belonging to the large Dutch Damen Shipyards Corporation grabbed a lot of attention. The firm represented Konversinvest.

The Pravochin attorneys at law has been practicing litigation for many years. Clients include large western corporations like Unilever Ukraine LLC, Ferrero Ukraine LLC, Kimberly-Clark Ukraine LLC and powerful native enterprises and establishments like Boryspil International Airport, Ukrainian Universal Exchange, Tractor Aggregate Plant. Significant cases included a dispute between SC Boryspil and the Boryspil customs office on annulment of the denial of the snow handling machinery of Swiss company Boshung Jetbroom to the territory of Ukraine on USD 33.6 million where the firm’s lawyers represented SE Boryspil and participated in a dispute on ownership right worth USD 1.8 million to the building of the Ukraina Sanatorium in the city of Mirgorod. The litigation practice is led by senior partner and attorney Oleksandr Onishchenko, who has worked in this field for more than 10 years.

Igor Opadchiy and Evgeniy Ogarkov are the leading specialists of law firm Guaranty with respect to litigation. The majority of cases in 2007 were linked with disputes over right to ownership of separate buildings and plots of land. In particular, Evgeniy Ogarkov represented the interests of the Inter-Regional Academy of Personnel Management in the Inter-Regional Academy of Personnel Management vs. Ministry of Education case.

In the experience of Frishberg & Partners, litigation can result not only in monetary losses, but more importantly, in the disruption of a company’s business due to overzealous scrutiny on the part of the regulatory authorities.

The firm has defended companies in Ukrainian courts over the last 12 years and represented KLM Royal Dutch Airlines against passengers’ claims and any trademark infringements, successfully protected the property rights of the Kiev International School in local courts, regional courts and the Supreme Court of Ukraine. The lawyers also represented the interests of a well-known car manufacturer in a major product liability case.

The ANK law firm was primarily involved in a case involving an oil spillage at the port of Odessa. The total value of the case was about USD 5 million. Artem Volkov and Nadezhda Sofrankova are rather active on the litigation front and attracted attention as a strong and wellestablished practice.

Doubinsky & Osharova is one of the strongest Ukrainian Law practices in the IP protection field. Therefore, IP litigations have a considerable dimension in the firm’s activity. It was recently involved in an extraordinary litigation process on obtaining well-known status for the Mirgorodska trademark, which is internationally known.

The Okhrimchuk Grushyn Khandurin law firm was involved in a series of suits, including a suit from the State Committee of Ukraine regarding provision of a financial reserve to the stock company Kharkovoblenergo, the suit of OJSC Oranta to the Ministry of Internal Affairs on collecting UAH 9,539,422, the suit of LLC Szindapsus to the State Property Fund on cancellation of information messages of the contest to sell a 25% +1 stake in OJSC Oranta, the suit of the regional department of the State Property Fund to CJSC Telkom on recognition of property rights on UAH 9,675 210, etc. Denys Okhrimchuk, Andriy Khandurin, Roman Greba received good references for their litigation practice.

The lawyers of the Salkom law firm were ranked as a strong litigation team that recently represented CJSC Energopol-Ukraine in a court dispute between CJSC Energopol-Ukraine and LLC Briz-Invest (USD 4 million). Andrey Kuznetsov has significant experience of representing clients in complex litigation. The team at Ilyashev & Partners was recently involved in the court proceedings of the Antonov ANTK vs. control and audit department on USD 200 million where the lawyers represented Antonov ANTK.

The majority of litigation and arbitration cases of Integrites are related to contractual obligations, insurance, corporate relationships, real estate market, international trade, M&A. The most famous cases of the firm include the public case of Ukrainian pilots that were arrested at Flesland airport (Norway), legal process in the suit brought by the Polyaris company to collect EUR 2.3 million, process to levy USD 5 million from the Kiev underground on behalf of CJSC Escalator. Anna Tyschenko is a recommended litigator within the firm.

Vronskiy, Vronskaya & Partners law firm is active in defending clients’ interests in Ukrainian commercial and administrative courts, courts of general jurisdiction at all stages of litigation as well as at the stage of court enforcement proceedings (including litigation with public authorities as a party). The firm’s litigation practice is handled by Alexey Vronskiy.

Legal Alliance Company is well known for its litigation practice. The company provides clients with advice in order to deal with commercial, civil, labor and employment disputes as well as administrative processes. The professional team represented the interests of the Bobrov sanatorium in an appeal against the decision of the City Council on annulment of the state title of the Bobrov sanatorium to the permanent use of a land plot on the southern coastline of Crimea to the value of USD 22 million.

B.C.Toms & Co has significant litigation practice among foreign law firms operating in Ukraine. Bate Toms, Artem Shyrkozhukho and Taras Dumych assisted a Ukrainian investor in complex litigation in a dispute over share ownership in a Ukrainian manufacturing company. The lawyers of the Fargo law firm represented the Eastern Mining Company in a tax dispute between the SE Eastern Mining Company and Zhovti Vody State Tax Inspectorate (USD 7 million).

Deloitte & Touche USC can boast of providing considerable advice on tax litigation and representation of clients interests in tax disputes. Vadim Voloschenko, Dmytro Pavlenko and Dmytro Gadomskiy all received special mention.

AstapovLawyers won a case for Ukrprofzdravniza to collect debts of UAH 2 million. Kosovan Anatoliy was mentioned for his court proceedings skills and professional approach.

Business-Pravo Audit is an independent law office on the auditing services market, which provides legal assistance in conducting deals and cases, especially in drawing up various types of contracts and agreements, lawsuits; subscriber servicing of enterprise; pleading cases in court, including civil, economic and criminal cases; advising in a deal in the economic court or prejudicial adjustment of disputes on the basis of tax legislation; advising on performance of duties in accordance with a contract; representation of interests of parties (recovery of debtor); advice on tax legislation, optimization of taxation, tax planning, etc. Anton Zhdanov, Oleksandr Novikov, Nataliya Filipova, Sergiy Rendak, Sergiy Smirnov, Oleksandr Stepanenko, Antonina Shyk were recommended as the firm’s top specialists in the litigation field.