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AEQUO has a significant international trade practice that is well-versed in customs consulting, export control, WTO advice, sanctions, conformity assessment, recall, trade remedies. The firm advised USAID, an independent agency of the United States federal government, which is primarily responsible for administering civilian foreign aid and development assistance, on the development of e-commerce market in Ukraine, inter alia, customs clearance, export controls, complex regulatory matters, product compliance, certification, etc; provides comprehensive legal support to Thule Aktiebolag, a major Swedish manufacturer, in connection with a recall of defective products from the Ukrainian market, which pose a serious risk to consumers. Over the last couple of years, the representation of importers in trade investigations has seen particular growth. For example, the practice team represented Soldi & Co, JSC, the biggest importer and seller of fasteners in Ukraine, in an anti-dumping investigation against imports of fasteners; represented three companies of Saint-Gobain Group in an anti-dumping investigation against imports of insulation materials. The team handles deals and contractual structuring of complex foreign trade transactions, and has extensive experience in structuring supply and distribution chains. Another highlight was advising Armor, a Ukrainian producer of state-of-the-art surveillance equipment for military vehicles, on the status of its military goods, procedures applicable to military goods, handles registrations with the State Export Control Service of Ukraine and obtains permits required for a client to receive the status of special exporter of military goods. The trade team is led by partner Mariya Nizhnik, who provides general supervision of workflows and senior associate Oleksandr Tereshchenko, who takes the day-to-day lead in the majority of projects.
AGA Partners is the market leader in advising international trade in commodities and handling commodity arbitration, namely GAFTA, FOSFA and LMAA cases. Having an extensive client portfolio out of the largest agriholdings in the country, in 2021 the firm developed and proofread more than 15 draft contracts for major Ukrainian and International trading companies. That is, it devised drafts of sale contracts for such behemoths as COFCO International, POSCO International and Alberta Corp LP. AGA Partners is a local adviser of a leading global agritrading company, GrainCorp Operations Limited, based in Australia on various international trade matters, and represents its interests in two disputes in GAFTA arbitration on recovery of damages; acted as a local adviser of OLAM International, a leading global agritrading company operating in Ukraine, on various international trade matters. There were a number of defaults of Ukrainian farmers, which led to several disputes. The practice is led by two partners, Ivan Kasynyuk and Iryna Moroz, while Aminat Suleymanova, managing partner, is involved in strategic client development. The senior team includes Dmytro Koval, Iurii Gulevatyi and Ievgen Boiarskyi.
ARBITRADE, one of the most highly reputable names in international arbitration, has a wealth of experience in agricultural commodities arbitrations under the auspices of GAFTA (The Grain and Feed Trade Association) and FOSFA (the Federation of Oils, Seeds and Fats Associations). With the historical adherence to major agribusiness clients, the firm is regularly instructed on arbitration cases as well as pre-arbitral settlement negotiations in disputes arising out of international contracts for the sale and purchase of agricultural commodities. The year of 2021 was rich in projects in agricultural commodities trade, which encompassed arbitration cases under the auspices of such Rules as GAFTA and ICAC at the UCCA, as well as consulting and pre-arbitral settlement negotiations. The team continued to collaborate with its long-standing client, a well-known insurance company by the name of COFACE, and acted in the name of an agrarian company, Adama Ukraine, in disputes with its counterparties under contracts for sale and purchase of agricultural fertilizers, which had failed to pay the purchase price; represented Bunge SA in a dispute before ICAC at the UCCI against its Polish counterparty on the latter’s failure to deliver crude sunflower seed oil under a contact; represented an Estonian company, Agriterra OÜ, trading in agricultural commodities, in a GAFTA case with a French counterparty called Soufflet Negoce S.A.S under the contract for delivery of corn of Ukrainian origin. Partners Pavlo Trytenichenko and Dr. Ivan Vashchinets guide the firm’s projects.
Asters has a formidable international trade team deeply focused on trade investigations initiated by Ukraine. The firm demonstrated rapid growth in terms of capacity and cases, enjoys a strong following among foreign producers and importers, associations, focusing on defense in trade investigations. The team represented AGROMAT ITC LLC, Epicentr K LLC, Agros UA, KERAMHALL LLC, Kerama Market LLC, Novas LLC, leading importers of ceramic tile, Cerrad Sp. z o.o. and Tubądzin Management Group Sp. z o. o., leading Polish exporters of ceramic tile and also the Ukrainian Association of Ceramics within the safeguard investigation of imports into Ukraine of ceramic tile regardless of the country of origin and export; represented leading Chinese manufacturers and exporters of aluminum ladders to Ukraine, during an anti-dumping investigation into imports to Ukraine of rolled carbon steel coated originating from the People’s Republic of China. The firm is actively developing the litigation aspects of trade defense. For example, the firm represented LLC DEPS TELECOM, a leading importer of wire into Ukraine, in a court dispute regarding the appeal of the decision of the Interdepartmental Commission on International Trade on the application of safeguard measures as part of a safeguard investigation into the importing of wire into Ukraine regardless of the country of origin and export, and in a dispute regarding appealing the results of a review, in particular, on the cancellation of a decision on the application of safeguard measures. Other areas include export control and sanctions, customs and commodity issues. Partners Alexey Pustovit and Gleb Bialyi co-lead the practice. The practice also has two counsel on board – Dr. Olesia Kryvetska and Anton Sintsov.
The multidisciplinary offering of AVELLUM encompasses tax efficient contractual structuring of supply chains, customs issues, international trade finance, litigation and arbitration related to international trade. The dispute team successfully represented a large Czech industrial manufacturer, Ferit S.r.o., in four parallel arbitrations before the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry that arose out of four supply contracts. Another highlight is advising Medi GmbH & Co. KG, a German producer of medical products and aids, on Ukrainian law matters in connection with parallel imports and customs records. Sanctions advisory was another area of advice. Tax partner Vadim Medvedev is the international trade head.
The international commercial and trade team of Baker McKenzie has a global standing and capabilities for structuring supply chains across various jurisdictions, advising on trade restrictions and sanctions affecting the cross-border movement of goods, technology, services and investment. In addition to constant involvement of the Kyiv international trade team in representations in anti-dumping and safeguard investigations and interim reviews, the firm further advises on a broad spectrum of Ukrainian, US and EU sanctions compliance, regulations on export and import controls, product regulation, customs clearance and supply contracts. Counsel Hanna Shtepa heads the international commercial and trade practice at the Kyiv office. Nadiia Filozop is present in trade remedy issues and participates in investigations. Serhiy Chorny, managing partner of the Kyiv office, advises on international trade and sanctions-related issues.
Eterna Law is traditionally retained by major players from the agribusiness industry, regularly representing agricultural producers and soft commodities traders in arbitration and international trade matters. Thus, the team is one of the most vivid legal counsel in commodities arbitration, regularly representing clients in GAFTA and FOSFA disputes governed by English law. For example, the firm has been representing a major Kazakhstan-domiciled agricultural trader called Astagra Ltd in a dozen FOSFA arbitration disputes against several Belgian traders; represented Agrostudio (Agroenergy) in a series of 17 GAFTA arbitrations against various well-known agricultural companies arising from the shipment of soft commodities. International arbitration partner Eugene Blinov has an established name in commodities. Mykhaylo Korchynskyy is another key practitioner.
Ukrainian law boutique First Chair Legal, which is based in Lviv, is strictly focused on supporting businesses in international trade issues. The portfolio included a number of projects supporting authorization as the Authorized Economic Operator in Ukraine (AEO), trade configuration and legal support of reprocessing procedures for a German producer of vehicles, trade configuration for one of the largest confectionery corporations, consulting on the legality of the import of medical devices by third companies regarding the technical regulations and conformity, a case concerning the determination of customs value and another case on temporary import/export. In 2021, the firm expanded its experience in trade investigations, in particular, supporting national producers in a safeguard investigation. The 5-strong practice team is led by managing partner Oleg Kyryievskyi. Other key practitioners include Marius Bordalba, Iryna Pavlenko, Yuriy Repeta and Mariia Khoma.
Fortior Law, an international law firm, which has an office in Kyiv, handles disputes involving both soft commodities (e.g., grains, wheat, seeds) and hard commodities (e.g., petroleum, crude oil, LSFO, ULSFO, urea), as well as trade finance. The firm advises on contentious issues which arise between traders and their counterparties, owners, terminals, freight forwarders, surveyors, port authorities, etc. The firm’s recent portfolio encompasses disputes on non-payment and non-delivery of cargo under contracts. Danil Hristich heads the practice.
Attorneys’ Association Gestors regularly represents clients in trade investigations. The firm was instructed by small enterprise FIRMA PKT, LLC on the preparation of an anti-dumping complaint and support for an anti-dumping investigation with regard to the import of aluminum disks originating from the Republic of China and the Russian Federation into Ukraine; acted for the MEBLIDEREVPROM Association of Furniture and Woodworking Enterprises of Ukraine in the course of preparing an anti-dumping complaint and support in an anti-dumping investigation regarding the import of plywood originating in the Republic of Belarus into Ukraine. Yaroslav Snigur is the practice head.
With its extensive client bench, Gramatskiy & Partners is called upon to structure cross-border trade contracts, developing a wide range of export and import flow in a variety of industries – equipment and its separate details, construction materials, soft agricultural commodities, food, dairy products, technology and engineering services. The firm advises on customs clearance, export control, rules of origin, accompanying shipping and transportation matters, forwarding, etc. In addition, the firm possesses experience of trade finance and currency control matters. The long-standing market practitioner Andrii Trembich is the practice head.
Ilyashev & Partners possesses a robust international trade practice spanning extensive trade remedies practice, export control, customs, sanctions, trade preference agreements, rules of origin, dispute settlement procedures, GR. The firm is widely acclaimed for representing national producers in trade investigations, having initiated the majority of subsequent proceedings this past year. The firm also stands out for carrying out the introduction of preliminary anti-dumping and safeguard duties, and has unique experience in early completion of investigations. The firm prepared a complaint and handled representation of Karpatnaftochim in a safeguard investigation against imports of caustic soda regardless of the country of origin; represented Ferrexpo Poltava Mining and Ferrexpo Yeristovo Mining within the framework of a safeguard investigation on the import of three-layer bits to Ukraine, regardless of the country of origin and export. The firm initiated a trade investigation and represented the interests of domestic producers during a special investigation into the import of PVC profile to Ukraine regardless of the country of origin and export. The firm also actively litigates on behalf of the interests of its clients. For example, it represented Dyckerhoff Cement Ukraine, Kryvyi Rih Cement, Podilskyy Cement (CRH Ukraine) and Ivano-Frankivsk Cement in appealing against an anti-dumping duty on the import of cement imposed by the Interdepartmental Commission on International Trade. The firm advised the All Ukrainian Association of Producers of Autoclaved Aerated Concrete on the application of an embargo on imports of certain products originating in the Russian Federation. The practice is led by Olena Omelchenko, a pro-active partner with a very well-established reputation in trade remedies and international trade policy. The key senior team member is Oleksiy Gorbatiuk. In September 2021, Andrii Tereshchuk joined the team in the capacity of counsel (previously – deputy director of the Department of Foreign Economic Activity and Trade Protection).
INTEGRITES continued to expand its trade remedies practice, developing relations with both domestic and foreign producers. The firm represented EMERGY AS (former NBT AS, Norway) and PA ENERGOCOMPLEKT LLC, the largest producer of cables and wire in Belarus, during a safeguard investigation against the import of cables into Ukraine, initiated by PJSC Odeskabel and PJSC Yuzhkabel, the biggest Ukrainian producers of cables. The firm represented Centravis Production Ukraine PJSC, one of the largest specialized enterprises for producing seamless stainless steel pipes and tubes, on the revision of anti-dumping measures related to the import of stainless pipes produced in Ukraine into the territory of the Eurasian Economic Union (EAEU), achieving, inter alia, a several-fold reduction in the dumping margin compared to the one sought by the petitioners. Sergey Lakhno and Yevgen Ivanets are the main figures in trade remedies. Given the loyalty of agricultural business and grain exporters in Ukraine, the firm has also established a track record in GAFTA proceedings as led by Olena Perepelynska, international arbitration partner. Furthermore, the team acts in a consortium with PwC EU Services and Correggio Consulting Ltd for Delegation of European Commission in Ukraine to assist the Ukrainian securities markets regulator – National Securities and Stock Market Commission (NSSMC) in improving energy commodity markets, including organized trading for commodity products, in Ukraine.
Interlegal, headquartered in the southern Ukrainian port city of Odesa, advises on asset sale and purchase, handling claims, debt recovery, representation in international courts and arbitrations (including LCIA, GAFTA, FOSFA). The team benefits from its well-established network of offices, engaging its offices in Georgia, Bulgaria, Turkey and Romania, as well as associated offices in Germany, Spain, France, the UK, Cyprus and other countries. The firm assists clients with their cross-border sale contracts, detentions at seaports, dispute settlement upon violation of goods delivery terms, demurrage recovery. Artem Skorobogatov, Alexey Remeslo, Nikolay Melnykov and Arthur Nitsevych are the lead partners.
Having developed a remarkable client roster of international clients, Ukrainian law firm Nobles advises global companies on the establishment and expansion of suitable sales, distribution and logistics systems to Ukraine. In addition, the firm developed its trade remedies practice, specifically advising and representing clients in anti-dumping and safeguard investigations. The firm represents Bergader Privatkäserei GmbH as an interested party in a safeguard investigation with regard to imports of certain types of cheese regardless of the country of origin and export. Oleksandr Aleksyeyenko, Alexander Weigelt, Volodymyr Yakubovskyy are the lead partners.
In early 2020, Ukrainian law firm Robinson Patman was launched by Dmytro Vidsota (ex-counsel at Asters) and Nadiia Dmytrenko. The firm is focused on international trade and antitrust, and has rapidly developed its presence in high-profile anti-dumping and safeguards investigations and related litigations. The team successfully protected the interests of the Indian tile industry in a safeguard investigation against imports of ceramic tiles to Ukraine. Notable ongoing representations included acting for leading Chinese producers of flat-rolled products of iron or non-alloy steel Qingdao Jobofone International Trade Co., Ltd and Fareast Steel International Limited, as well as their related exporters to Ukraine, in an anti-dumping investigation against imports into Ukraine of flat-rolled products of carbon steel originating from the People’s Republic of China; representing Dniproazot JSC, one of the leading enterprises of the chemical industry of Ukraine, in connection with the initiation of a safeguard investigation against imports to Ukraine of sodium hypochlorite, regardless of the country of origin and exports. Furthermore, the team advises on sunset reviews, sanctions, export controls, market access, free trade agreements, various EU Association and WTO issues. For example, the firm advised Trafigura, one of the world’s leading independent commodity trading and logistics houses, on matters related to sanctions imposed on Trafigura’s business partners in Ukraine, their possible impact on operations and risks assessment; advised Amsted Rail, a leading global producer of systems and components for freight and transit railcars, in connection with its entering the Ukrainian railway wheels market and certification of cast railway wheels in Ukraine. Dmytro Vidsota, managing partner, was noted by market insiders for having an active presence in trade investigations.
Sayenko Kharenko houses in-depth expertise across all international trade matters, including giving advice on WTO issues, anti-dumping and safeguard investigations both in Ukraine and abroad, agency and distribution agreements in Ukraine, different regulatory matters related to export control, products safety, consumer rights protection and sanctions work, trade policy and strategic advisory work. The team also has unique experience dealing with the WTO’s dispute settlement procedure. With well-rounded experience in all types of trade defence remedies, the firm leads in terms of the scope and number of cases. In a recent highlight the firm successfully represented AKSER GROUP LLC and Association Greenhouses of Ukraine in an anti-dumping probe related to the import into Ukraine of heat insulation materials originating in Belarus and Russia; acted for JSC Tele-Fonica Kable and TF-K LLC in review of safeguard measures initiated by the Intergovernmental Commission on International Trade (without challenge in court) for the first time in the history of Ukraine; represented PJSC Stalkanat-Silur in an anti-dumping investigation related to the imports into USA of Prestressed Concrete Steel Strand with origin, among others, from Ukraine. The international trade practice advises Zhejiang Longda Stainless Steel Co. on reviewing minimum price undertakings initiated by domestic industry. The team advises on regulatory issues related to export control, products safety, consumer protection and sanctions. Partner Anzhela Makhinova is one of the most recognized Ukrainian professionals in trade remedies, trade policy and strategic advisory. The team includes Victoria Mykuliak and Mariia Shulha.