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Asters boasts well established International Arbitration and Cross-Border Litigation Practice that features some of the most prominent Ukrainian disputes attorneys. We take on sophisticated and high profile cases.

International Arbitration Practice is highly regarded by leading dispute resolution experts across the globe. We are experienced in all major international arbitration rules across Europe and beyond, and we are equally strong in institutional and ad hoc arbitrations.

Having acted on behalf of both the State of Ukraine, for over 15 years, and investors/businesses in investment and commercial disputes, we have developed unique knowledge of the strategies used by both parties.

Our other particular strength is Cross-Border Litigation and handling of complex multi-jurisdictional disputes. We provide assistance in regards to legal proceedings in Austria, Belgium, British Virgin Islands, UK, Germany, the Netherlands, Switzerland, Cyprus, USA, France, Sweden, Japan, Turkey, India and other countries, with many jurisdictions being involved simultaneously. We represented governments and governmental organizations of Ukraine, the Republic of Ireland, Cyprus, Iceland and Latvia.

The experience also includes representation before the International Court of Justice and the European Court of Human Rights.

Our expertise expands on, amongst others, aviation, banking, telecommunications, transportation, real estate, energy, oil & gas, construction, sports, insurance, industrial manufacturing and pharmaceutical sectors.

The team includes lawyers who are admitted to the New York Bar, USA.

Asters International Arbitration Brochure  

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Firm Recognition:

  • Highly ranked firm for arbitration, Chambers Global 2019
  • Recommended for dispute resolution (arbitration) in Ukraine, Chambers Europe 2019
  • Tier 1 law firm in dispute resolution, The Legal 500: EMEA 2019
  • Recognized among the leading law firms in arbitration, GAR 100 2018
Representative experience:

Representing in international arbitration proceedings and cross-border disputes include, amongst others:

  • JSC Oschadbank in connection with its claim against the Russian Federation for recovery of 1,3 billion USD in compensation as a result of the total loss of its investments in Crimea – the first victory of a Ukrainian state-owned company in a matter concerning restoration of Crimea-related rights and interests through an international investment protection mechanism.
  • the State of Ukraine in connection with court proceedings in the High Court of Justice in London commenced by the Trustee, The Law Debenture Trust Corporation, against Ukraine regarding its alleged debt under 3 billion USD bonds purportedly issued by Ukraine in 2013 and 100% taken up by the Russian Federation, and assisting in Ukraine's appeal against the summary judgment of the High Court in these proceedings.
  • a major European construction company in a USD 100+ million FIDIC-based dispute arising out of a road construction.
  • an international shipping company in multijurisdictional proceedings in Ukraine, the UK, Cyprus, France, Monaco, the BVI and Panama on recovery of approx. USD 25 million in connection with a dispute regarding the development of a container terminal on the Black Sea shore.
  • Irish Bank Resolution Corporation (IBRC), an Irish state-owned bank, in a multidimensional dispute relating to the enforcement of the Bank’s rights to the commercial real estate in the Ukrainian capital including several proceedings in the European and offshore jurisdictions and over 35 litigations in Ukraine.
  • KVV Group in an over EUR 50 million investment arbitration dispute with the Government of Latvia relating to a failed investment in a major Latvian steel plant.
  • Telenor in a dispute with Alfa Group with regard to Kyivstar where Telenor was a major shareholder and the Alfa Group affiliate was a minority shareholder. The dispute spanned several years and a number of jurisdictions, including numerous litigation cases brought by Alfa Group and its affiliates in Ukraine and Telenor's UNCITRAL arbitration against the Alfa Group affiliate.
  • NJSC Naftogaz of Ukraine in a series of cases (aggregate amount of claims exceeding USD 8 billion) arising out of contracts for gas supply, transit and storage at the Arbitration Institute of the Stockholm Chamber of Commerce.
  • the State of Ukraine in USD 100 million SCC arbitration over the first-ever PSA in Ukraine against Vanco Prykerchenska Ltd.; representing in settlement negotiations resulting in amendments in the PSA.
  • the State of Ukraine in a series of ICSID cases brought against it by Global Trading Resources Corp. / Globex International and Bosh International Inc. and B&P, resulting in dismissal of claims against Ukraine.
  • the State of Ukraine in an unprecedented case against Norsk Hydro on setting aside of a USD 20 million arbitration award issued against Ukraine in Swedish courts.
  • the State of Ukraine in USD 17 million UNCITRAL arbitration against Greek shipping company with respect to construction agreements.
  • a major German construction company in a dispute at the International Court of Arbitration of the International Chamber of Commerce (ICC) over the construction of a football stadium in Ukraine; representing in subsequent enforcement efforts in Ukraine and other jurisdictions.
  • Nidera, an international producer, trader and marketer of agricultural and bioenergy products and services, in the process of the recognition and enforcement of arbitral awards in Ukraine.
Featured services:
  • early case assessment: independent assessment of case prospects and parties’ positions;
  • development of defence strategy;
  • drafting dispute resolution clauses and agreements;
  • evidence: research, analysis, summary of evidentiary position;
  • acting before arbitral tribunals;
  • interim relief in support of arbitration/foreign legal proceedings;
  • enforcement proceedings; recognition and enforcement of foreign judgments and arbitral awards.
Publications
Nord Stream-2 vs. EU arbitration case: latest updates
Data protection and cybersecurity in international arbitration
Rebus sic stantibus clause in the international law
Amicable Settlement of Investor-State Disputes
Investment Arbitration
Trade investigations in Ukraine: Can business challenge the results in courts?
Ukrainian court allows British investor to secure partial recognition and enforcement of UNCITRAL arbitration award against Ukraine
SCC partial award recognised and enforced in Ukraine despite allegations of public policy violations and noncompliance
Asters Counsel Dmytro Shemelin admitted as a Solicitor of England and Wales
Will Nord Stream 2 successfully appeal the new EU rules?
GAR 100 2019 ranks Asters among world’s arbitration elite
Nuances of arbitration agreement signing in Ukraine
Yaroslav Petrov reelected as a Board member of the Ukrainian Arbitration Association
Asters experts joined the Lewiatan Court of Arbitration list of recommended arbitrators
Asters announces the appointment of Yaroslav Petrov as Partner
Asters experts joined the GIAC list of recommended arbitrators
Asters participates in oral hearing of the investment claim brought by Oschadbank in relation to its investments in Crimea
Asters Counsel Dmytro Shemelin elected Deputy Head of the Arbitration Committee on financial restructuring
Asters represents a Ukrainian investor in ICSID arbitration against Latvia
Dmytro Shemelin joins Asters as Counsel
Asters supports the debate on international arbitration in Kyiv
Asters hosts a national cultural event within KAD 2016
Asters Counsel speaks at the EEDRF
Yaroslav Petrov appointed YIAG Regional Representative for Ukraine
Asters assists IBA with publication of IBA Rules on the Taking of Evidence in International Arbitration in Ukrainian
Irina Nazarova Among the Senior Lawyers of the International Litigation Conference
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