Trade Remedies and Regulatory Compliance

Leading FIRMS
Listed in alphabetical order
Other established practices
Listed in alphabetical order

Commodities

Other notablePRACTITIONERS
Listed in alphabetical order
Leading FIRMS
Listed in alphabetical order
Other established practices
Listed in alphabetical order

Cross-Border Contracts and Customs

Asters possesses a robust international trade practice spanning trade investigations initiated by Ukraine, regulatory matters and export control, sanctions, customs and contractual issues. The team is known for its focus on defense in trade investigations, and is sought out by foreign producers, importers, and associations. The team represented the leading Chinese manufacturers and exporters during an anti-dumping investigation into imports to Ukraine of flat-rolled carbon coated steel products originating from the People’s Republic of China (PRC); represented Rehau LLC, a leading importer of PVC profiles to Ukraine, as well as REHAU s. z o.o. and REHAU AG + Co during a safeguard investigation concerning imports of PVC profiles to Ukraine regardless of the country of origin and export; represented and advised Auchan Ukraine, Ardis Group, Gurmandiz LLC and others in a safeguard investigation into the imports to Ukraine of certain types of cheese. The firm successfully defended DEPS TELECOM LLC, a leading importer of wires into Ukraine, in two parallel court disputes: regarding the appeal of the decision of the Interdepartmental Commission on International Trade on the application of safeguard measures as part of the safeguard investigation concerning imports of wires to Ukraine regardless of the country of origin and export, and regarding the appeal of the results of the review of the decision of the Interdepartmental Commission on International Trade on the cancellation of the decision on the application of safeguard measures. During the research period the practice workload encompasses advice on customs regulations and court practice regarding customs disputes, subsequent violations, structuring of contractual relations. The team handled pro-bono advice to the government of Ukraine regarding possible mechanisms and options for strengthening the sanctions regime against Russia. The practice is co-headed by Gleb Bialyi, partner, and Anton Sintsov, counsel.[1]

Ilyashev & Partners has a well-versed international trade practice, being known for its proficiency in representing domestic claimers in trade investigations, as well as a broad range of regulatory, trade policy and customs issues. The practice team was the first local law firm engaged by the State of Ukraine to protect interests in an interstate trade dispute. In July 2023, the work of the Interdepartmental Commission on International Trade was unlocked and the team received five decisions in favor of its clients. For example, the team has secured the introduction of provisional anti-dumping duty on imports to Ukraine of glass containers originating from the Republic of Belarus. Among others, representation of Heavy Metal LLC, a national manufacturer of painted steel in Ukraine, Module-Ukraine, а manufacturer of galvanized sheet steel, in the largest project in the last few years of the introduction of measures – anti-dumping process concerning imports to Ukraine of painted galvanized rolled steel originating from the PRC. Among other highlights was acting for Ukrcement (Association of Cement Manufacturers of Ukraine) on interim review of anti-dumping measures regarding the import to Ukraine of cement produced by CJSC Rybnitsa Cement Plant originating from the Republic of Moldova; representing the interests of the Druzhkovka Hardware Plant in the case on invalidation and cancellation of the decision issued by the Interdepartmental Commission on International Trade on the application of provisional and ultimate measures as to the imports of steel fasteners to Ukraine from the PRC, which were suspended. Partner Olena Omelchenko has an excellent reputation of top-notch professional in trade remedies and international trade policy. The key contribution is performed by experienced practitioners Oleksiy Gorbatiuk and Andrii Tereshchuk. 

Sayenko Kharenko possesses extensive expertise in various aspects of international trade, encompassing advisory services on WTO matters, trade investigations both domestically and internationally, regulatory and sanctions compliance, contractual arrangements, product liability, etc. Sayenko Kharenko and Appleton Luff (Washington DC) have successfully represented PJSC Stalkanat in an anti-dumping administrative review conducted by the US Department of Commerce (DOC), having secured a groundbreaking 0% dumping margin rate. On the domestic front, the practice team represented Wellful Group (the Chinese producer) and AB metal Group (the official distributor) in anti-dumping investigation related to imports into Ukraine of galvanized steel from China; represented Sweetendole Plant in the anti-dumping investigation related to imports into Ukraine of bitumen roof tile with origin in Russia and Belarus; acted for Central Mining and Processing Plant and Northern Mining and Processing Plant (Metinvest) in the safeguard investigation related to imports into Ukraine of drilling equipment. Currently the team is also busy with advising on reviews, initiation of new investigations, suspension of anti-dumping and safeguard duties currently applied in Ukraine because some Ukrainian producers have stopped production of the relevant products because of war but the end customers need such products. Among other assignments are giving advice on sanctions, the embargo applied against Russia, critical import and termination of contracts with Ukrainian counterparties, distribution agreements, product liability matters. The international trade practice has been engaged in different projects related to accession of Ukraine to the EU and on approximation of  Ukrainian legislation to the EU acquis. Anzhela Makhinova, a partner at the firm, is widely acknowledged as one of Ukraine’s foremost experts in trade remedies, trade policy, regulations. Associates Oleksandra Sandul and Mariia Shulha make up the core team.

Baker McKenzie’s international commercial and trade team boasts global recognition and expertise in structuring supply chains across multiple jurisdictions. The Kyiv office provides advisory services on various trade issues, including product regulation, customs clearance and supply contracts, export and import control, sanctions. During the research period the practice was boosted by advising on various issues of Ukrainian, US and EU sanctions compliance, restrictive measures related to Russian aggression against Ukraine, martial law restrictions. The firm’s international trade team handles representation in course of trade remedies cases, such as anti-dumping and safeguard investigations and interim reviews. Other areas of focus includes advice on procuring and supplying goods, services and works through public procurement procedures in Ukraine and worldwide. Clients include major industrials, financial services, IT, consumer products, pharmaceutical and energy companies on sourcing, manufacturing, distributing, warehousing, transshipment and selling their products and services around the world. Hanna Shtepa[2], counsel, leads the international commercial and trade practice at the Kyiv office, while Nadiia Filozop, senior associate, specializes in trade remedy issues and investigations. Serhiy Chorny, a partner at the Kyiv office, provides counsel on international trade and sanctions-related matters. 

First Chair Legal, a Ukrainian law boutique based in Lviv, is dedicated exclusively to assisting businesses with international trade matters. The core focus of the team is customs compliance, market entrance, and trade configuration, authorization as the Authorized Economic Operator in Ukraine (AEO), customs/transit simplifications support, customs and tax disputes. The firm’s client portfolio includes sound domestic and international brand names spanning automotive, agriculture, commerce, delivery and logistics, etc. Throughout the research period the firm successfully supported 5 companies in obtaining AEO-C status as turn-key projects, and have secured 34 customs/transit simplifications for its clients; provided consulting on customs compliance issues, including the application of Alternative Pan-Euro-Med Rules, customs regimes (processing), and customs disputes; advised on application of diagonal cumulation as a unique opportunity for Ukrainian business in trade with the EU and EFTA in Ukraine. The highlights in the trade remedies area included the firm acting on behalf of the plaintiff in a safeguard investigation on the importing of specific types of cheese into Ukraine. Additionally, the firm acted on a strategic case in the Constitutional Court of Ukraine leading to the recognition of a section of part one of Article 483 of the Customs Code of Ukraine as unconstitutional. The key individuals to contact are Oleg Kyryievskyi, Iryna Pavlenko, Yuriy Repeta and Mariia Khoma. 

INTEGRITES has a well-rounded international trade practice encompassing trade remedies, commodities trade and arbitration. The firm represented Centravis Production Ukraine PJSC, one of the largest specialized enterprises for producing seamless stainless-steel pipes and tubes, in the review of price undertakings of a Chinese exporter regarding the suspension of dumped imports of seamless stainless-steel pipes originating from the PRC into Ukraine; successfully represented Epiroc Mining India and Epiroc Ukraine, both local subsidiaries of Epiroc Group in India and Ukraine, in the safeguard investigation on the importing of three-cone drill bits into Ukraine, which ended up without any restrictive measures against the products. Yevgen Ivanets, counsel on trade investigations, heads the firm’s international trade practice.[3] The firm has a vast following of sound agribusiness names, and acts in a number of GAFTA and FOSFA arbitrations. The team deals with a wide range of disputes, especially related to the non-performance of contracts due to, inter alia, force majeure events which have taken place in Ukraine. The lead partner of the commodities/commercial contracts branch of the team is Olena Perepelynska, who also sits as arbitrator in arbitrations arising out of trade in commodities.

AGA Partners boasts an extensive client portfolio, particularly among Ukraine’s largest agriholdings, and is renowned for its expertise in advising on international trade in commodities and handling commodity arbitration cases. During the research period, a significant portion of cases handled by the firm pertained to contracts executed under the Initiative on Safe Transportation of Grain and Foodstuffs from Ukrainian Ports, signed on 22 July 2022 in Istanbul. Since a lot of trade contracts were impossible to fulfill, the team constantly advised such renowned names as MHP, Agroprosperis (part of NCH Capital), Smart Trade Overseas, Millcorp Geneva SA, Oliyatorg OU, COFCO Resources SA, etc. on performance of trade contracts during the war and operation of force majeure and war risks clauses. For example, the team is representing the interests of one client, a major UAE trader Prime Trading LLC in GAFTA arbitration proceedings initiated by the client against a major Turkish agricultural supplier; represented Bioenergy-Vinnytsia LLC in GAFTA arbitration in a dispute which arose out of unlawful cancellation of the contract by its Polish counterparty; represented Quadra Commodities SA in the GAFTA arbitration which arose due to the announcement made by Russia regarding the suspension of its participation in the Grain Initiative. The sizeable team is led by two partners, Ivan Kasynyuk and Iryna Moroz. Ievgen Boiarskyi, Pavlo Lebediev, Dmytro Izotov, and Yurii Bedenko make up the core senior team.

Eterna Law represents agricultural producers and soft commodities traders in a variety of commercial and commodities arbitrations, notably under GAFTA, FOSFA, LMAA, acting as a legal counsel for disputes governed by English law. During the research period the firm demonstrated a solid portfolio of arbitrations. For example, represented an international trading company in 17 GAFTA arbitrations against different well-known agricultural companies arising out of soft commodities shipments; advising a Hungarian company active in the food industry in GAFTA arbitration with a large multinational trader under a set of several contracts involving disputes caused by the ban on the importation of Ukrainian agricultural products into Hungary; a Swiss trading arm of a Ukrainian trading company on GAFTA arbitration matters and taking control over grain stored in port silos upon termination of the so-called “grain corridor”. Eugene Blinov, international arbitration partner, has many years of experience of handling commodities arbitration.

Fortior Law Eastern Europe & CIS Limited, an international law firm with a Kyiv office, specializes in handling disputes related to both soft commodities (such as grains, wheat, seeds) and hard commodities (including petroleum, crude oil, LSFO, ULSFO, urea), as well as trade finance. The firm provides advisory services on contentious matters that arise between traders and various counterparties, including owners, terminals, freight forwarders, surveyors, and port authorities. Representation in GAFTA and FOSFA arbitrations, as well as settlement agreements are the mainstay of the team. The wide scope of representations spans breach of contracts and damage, non-fulfillment of payment obligations, non-performance and a force majeure clause, shipping and demurrage claims. Danil Hristich, partner, English solicitor specializing in international trade, shipping, and arbitration, leads the commodities arbitration track. Sergey Platonov, senior associate, is another important team member.

Interlegal, based in Odesa, Ukraine, specializes in asset sales and purchases, claims handling, debt recovery, and represents clients in international courts and arbitrations, including LCIA, GAFTA, and FOSFA. The firm provides assistance with cross-border sales contracts, detentions at seaports, dispute resolution regarding breaches of goods delivery terms, and demurrage recovery. The firm provides risk analysis of the contract and has won a dispute to remove obstacles to the use of grain. Partner Oleksii Remeslo is consistently recommended for active involvement in commodity arbitration.

Gramatskiy & Partners specializes in structuring cross-border trade contracts, handling customs matters, and providing advice on settlement structures involving foreign currency. During the survey period, the firm assisted clients in exporting various commodities such as grain, oil, food products, and meat, along with software and code rights, which are staples of Ukrainian exports. For example, the firm provided constant support for business (imports of goods from the EU and China) in online stores and marketplaces; advised Media Trade Ukraine on customs and the export of media equipment for exhibitions, conferences, import of new equipment; advised Danfoss on cross-border delivery contracts dealing with the supply of energy-effective equipment (import to Ukraine); supports Ecozerno LLC on supply agreements and further export of wheat. The firm’s international trade practice is supervised by Andrii Trembich (FEA law, contracts, international trade finance, collateral), while the industry team also includes Ernest Gramatskiy (MPL, arbitration, ADR), Borys Karas (food export and import), Igor Reutov and Artem Honcharenko (import of technological equipment, software export, WTO law).

With a notable clientele of international firms, NOBLES, a Ukrainian law firm, specializes in advising global companies on establishing and expanding effective sales, distribution, and logistics systems in Ukraine. The team is well-versed for advising trade remedies and multiple cross-border trade matters. The firm continued its representation of Bergader Privatkäserei GmbH as an interested party in a safeguard investigation with regard to imports of certain types of cheese regardless the country of origin and export (was terminated without introduction of any safeguard measures in September 2022); advises Naturias GmbH, German manufacturer and seller of organic oils and raw materials, on contractual relationships with Ukrainian counterparties. The practice portfolio over the research period included providing advice on distributorship agreements, and drafting cross-border trade agreements. Oleksandr Aleksyeyenko, Alexander Weigelt, Volodymyr Yakubovskyy are lead partners.

Attorneys’ Association Gestors* is known for housing expertise in trade investigations. The reputable arbitration boutique firm ARBITRADE* is noted for expertise in agricultural commodities arbitrations under the auspices of GAFTA and FOSFA.[4]

[1] Alexey Pustovit, partner, and Olesia Kryvetska, counsel, left the firm.

[2] Hanna Shtepa left the firm in June 2024.

[3] Sergiy Lakhno, counsel, left the firm.

[4] The firms marked with an asterisk (*) have not submitted information for the current research. Their market presence and key competencies were noted during in-depth interviews.