INTERNATIONAL ARBITRATION & CROSS-BORDER DISPUTES
Parties dealing with their foreign partners or structured through offshore vehicles regularly face disagreements and conflicts because of the breach of the contract by one of the parties or because of some other conduct. In such situations, we assist clients in reaching a settlement or, failing which, represent them in international arbitration fora or in courts of foreign jurisdictions.
We have acted as a lead counsel or local co-counsel to clients, both on claimant and respondent sides, in arbitrations under the rules of such arbitration institutions as ICC, LCIA, SCC, VIAC, ICAC at the Ukrainian Chamber of Industry and Commerce, ICAC at the Chamber of Industry and Commerce of the Russian Federation, GAFTA and FOSFA. We have also acted in arbitration cases under the Swiss Rules, UNCITRAL arbitration rules and in investment arbitration within the ICSID framework.
In cross-border litigations, we help Ukrainian clients and act as co-counsel in connection with filing or defending a case in a foreign jurisdiction. We have experience of cross-border litigation work in such countries as the United Kingdom, the USA, Canada, France, Germany, Italy, Switzerland, Sweden, Poland, Czech Republic, Greece. Belarus, Latvia, Lithuania, Russian Federation, Kazakhstan and many others.
In addition to representing clients on substantive matters in international arbitration or foreign litigation, we also assist clients in connection with the enforcement of arbitral awards, Ukrainian and foreign judgments in off-shore jurisdictions and in Ukraine.
Our lawyers' recent representative matters in international arbitration and cross-border litigation include:
- Acting as counsel to Ukrainian private client in connection with the enforcement of Ukrainian judgement worth of EURO 3.2 billion in Cyprus, Germany, and Latvia.
- Acting as counsel to a Luxembourg based company in connection with enforcement in Ukraine of three different judgments passed by German courts with the claims exceeding EURO 7 million;
- Acting as counsel to one of the largest Ukrainian producers of military equipment in connection with 4 consecutive arbitrations against the Russian buyer. The arbitrations were under the rules of ICAC at the Chamber of Industry and Commerce of the Russian Federation and the value of claims exceeding USD 15 million.
- Acting as counsel to Ukrainian partner in joint venture managing and developing Ukrainian sea terminal. The arbitration was under UNCITRAL rules and the value of the claims was exceeding USD 40 million.
- Acting as local counsel to one of the largest Ukrainian state-owned banks in connection with enforcement in Austria of the two arbitral awards against a corporate debtor with the total value of claims amounting to USD 120 million.
- Acting as counsel to one of the biggest poultry producer in the Russian Federation in a dispute with the European manufacturer of poultry processing equipment. The arbitration was under SCC rules and the value of the claim exceeded EURO 20 million.
- Acting as local co-counsel to the Ukrainian sovereign in connection with the ICSID arbitration initiated by owners of Ukrainian aviation company, the value of claims exceeded USD 500 million.
- Acting as counsel to one of the leading Ukrainian banks in connection with LCIA arbitration initiated against middle-size Ukrainian agri-producer. The value of the claims was USD 7 million.
- Acting as local co-counsel to the subsidiary of the biggest Ukrainian agro-holding in connection with the dispute against a syndicate of foreign banks resulting from their refusal to continue financing of the project. The arbitration was under LCIA Rules and the value of claims exceeding USD 50 million.
- Acting as counsel to Ukrainian bank in connection with LCIA arbitration initiated against the former shareholder for failure to comply with its obligations to make financial injections into the bank to cover insider lending defaults. The value of the claims was about USD 120 million.
- Acting as local co-counsel to the biggest Ukrainian transportation company in connection with the construction dispute over the large-scale infrastructure project in the city of Kyiv. The arbitration was under the ICC and the value of claims was in excess of USD 80 million.
Vsevolod Volkov heads the International Arbitration and Cross-border Disputes Practice at EVERLEGAL.