An Alternative to Court?

I n the view of Yaroslav Petrov, a lawyer at CMS Cameron McKenna, 2007 was a particularly rich one for achievements in the arbitration field. In accordance with ICAC statistics in the period of 1992-2006, it resolved 5,124 international commercial cases. This makes ICAC a leading international commercial arbitration institution in the CEE region in a number of resolved disputes. Furthermore, the ICAC has adopted a new set of Arbitration Rules (in force since 1 June 2007) in order to improve the quality and to adhere to international trends in international commercial arbitration proceedings. “On the negative side it is sad to mention that the recent arbitration award rendered in New York in the Telenor Mobile Communications AS vs. LLC Storm case has shown that Ukrainian courts do not follow the internationally acknowledged principle of severability. This attitude on the part of Ukrainian courts, either intentional or due to the lack of experience, has a negative effect on the reputation of Ukraine as an arbitration friendly country,” Mr. Petrov concluded.

Vasil Kisil & Partners attorneys has successfully represented such clients as OJSC Dneprovskiy Metal Steel Works named after F. Dzerzhinskiy, Coast Seafood AS (Norway), Zaklady Gumowe Bytom S.A. (Poland), BASF Group Companies, Delta Willmar Group Companies, Relacom Ukraine and other acting as claimant or defendant. The overall amount of disputes was exceeding USD 20 million. Lawyers of Vasil Kisil & Partners have also acted as advisors in over 10 international arbitration disputes, including arbitrations under FOSFA Arbitration Rules, and as experts in Ukrainian law in ICC Arbitration between two telecommunications companies. Dr. Tatyana Slipachuk has been nominated for the second time by her peers as one of the world’s leading practitioners in the field of international arbitration in The International Who’s Who of Commercial Arbitration 2008. As well she has been made a fellow of the Chartered Institute of Arbitrators (FCIArb). Oleg Alyoshin, the firm’s partner has high recommendations for his expertise in the field. Olena Perepelynska, attorney of the firm has also been recommended. Grischenko & Partners have successfully represented the Government of Ukraine in several arbitration disputes at the International Centre for the Settlement of Investment Disputes in Washington DC. The lawyers of Grischenko & Partners acted as counsel to the Government in all four concluded ICSID cases against Ukraine with one of the best results for respondent states in this category of investment disputes – two cases won (Generation Ukraine, Inc and Tokios Tokeles cases, jointly with Proxen & Partners) and two settlements (Lemire and Western NIS Enterprise Fund cases) without monetary compensation from the respondent state. Two cases are pending: AMTO vs. Ukraine from 2006 (Stockholm Chamber of Commerce (SCC Arbitration Institute) and Alpha Project Holding vs. Ukraine from 2007 (ICSID). Sergei Voitovich and Nickolay Atanasov are highly recommended for their experience in international arbitration courts.

Magister & Partners represent their clients in court proceedings in CIS countries as well as in many foreign jurisdictions. In addition, the firm assisted clients in a pre-arbitration process at CEPNI in Belgium, and in disputes regarding the recognition and enforcement of foreign arbitration awards in Austria, USA, Russia and Ukraine. Serhii Sviriba the head of our international arbitration and litigation practice, is highly recommended for his experience in international arbitration.

AGA Partners, led by Aminat Suleymanova, possess special expertise and broad experience of representing clients at different international arbitration bodies and trade associations like the ICC, LCIA, GAFTA, FOSFA and others. Aminat Suleymanova and Ivanna Dorichenko are particularly regarded for their arbitration practice. The firm’s international arbitration practice is led by managing partner Aminat Suleymanova. Recent projects undertaken successfully by Gramatskiy & Partners include representing the interests of large European producer Zenpol in International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. The leading experts in the field of international commercial arbitration are Igor Reutov and Alexei Grishko. The legal team of Andriy Kravets & Partners often represents its clients at the International Court of Commercial Arbitration at the Chamber of Commerce and Industry of Ukraine, as well as at other international arbitration institutions like the ICC, Stockholm Arbitration Institute and London Court of International Arbitration. Andriy Kravets and Vladyslav Lyaskovskiy were noted as the firm’s main experts in arbitration.

B.C. Toms & Co is well-known for its successful practice in advising an international air carrier on its arbitration abroad and related litigation in Ukraine, and successfully obtaining a judgment in Ukraine for the benefit of the client, assisting a Ukrainian investor in complex litigation in a dispute over share ownership in a Ukrainian manufacturing company. Bate Toms, Artem Shyrkozhukhov and Taras Dumych are all engaged in international arbitration.

Lawyers of Frishberg & Partners are experts in intricate commercial litigation. It is for this reason that they usually succeed in difficult and sometimes even precedent-setting cases involving consumer products, maritime law, intellectual property, employment-related disputes and real estate claims. The firm’s specialists act as legal counsel in arbitration matters administered worldwide by major arbitration institutions and ad hoc arbitration bodies. Vladimir Lukovich is involved in litigation and arbitration practice in the company.

Arzinger & Partners represents legal services in both institutional and ad hoc international commercial arbitration. The firm provides services on the conduct of client cases at international arbitration courts in Vienna, London, Stockholm, Paris and Moscow. Timur Bondarev, Wolfram Rehbock and Igor Darmogray all come highly recommended for their experience in international arbitration.

A newly established Kiev office of CMS Cameron McKenna, as part of the CMS Alliance, brings to Ukraine a longstanding reputation of a company providing international litigation ser vices, including ADR and International Commercial Arbitration. Notwithstanding the recent opening of the Kiev office, the firm’s lawyers represented Ukrainian and foreign clients in international arbitrations under the Rules of the American Arbitration Association and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce. Olexander Martinenko and Yaroslav Petrov were noted as the firm’s top experts in litigation and arbitration.

Salkom`s lawyers recently represented the interests of RECHNE Handelsges.m.b.H company in the case with the Energoatom company at the Arbitration Institute of the Stockholm Chamber of Commerce. The firm’s president, Evgniy Kubko, is a recognized international arbitration specialist and a member of the Arbitration Institute of the Stockholm Chamber of Commerce. AstapovLawyers is involved in representing clients in international arbitration procedures, including GAFTA, FOSFA International and other trade forums, as well as in enforcement of arbitration awards. The firm’s main clients include Razguliay Group, Bunge S.A., Rosinteragroservis, SRC London LLP. Managing partner Andrey Astapov specializes in this field.

The legal team of Integrites headed by Alyona Varenik represented an international industrial holding in debt collection in Paris, acted at the Arbitration Institute of the Stockholm Chamber of Commerce to collect a debt for the benefit of a major Ukrainian port as well as for a major chemical enterprise. It also represented an oil refinery at the London Court of International Arbitration. The Ryzhyy Law Office provides legal support for the BEARCO S.A. company (Switzerland). Vladimir Ryzhyy and Aleksey Drozdovskiy were recognized for their extensive practice in international arbitration courts.

The managing partner of Lavrynovych & Partners, Maksym Lavrynovych, is an international arbiter at the Arbitration Court of the Chamber of Commerce and Industry of Slovenia and was frequently mentioned during the poll.