Oleksandr Frolov specializes in international arbitration, and cross-border and domestic litigation. He represents multinational corporations, states, in particular the State of Ukraine, state-owned enterprises and government institutions in high-value disputes before different fora in European and Middle Eastern counties, and in the US. The cases cover a wide range of complex issues involving various industry sectors such as banking, international trade and foreign direct investment, oil and gas, and privatisation.
Beyond dispute resolution, and as part of a broader commercial practice, Oleksandr advises clients on commercial matters, including military and defence spheres, technology, cryptocurrency, fintech, insurance, and reinsurance on matters that could become contentious. He provides expert counsel on matters related to sanctions, white-collar/fraud issues, including money laundering, and bribery concerns, as well as matters arising out of causing harm.
Representative experience:
Investor-state arbitration:
- Сommercial Bank "PrivatBank" JSC v. the Russian Federation (PCA Case No. 2015-21)
- Misen Energy AB (publ) and Misen Enterprises AB v. Ukraine (ICSID Case No. ARB/21/15)
- Igor Boyko v. Ukraine (PCA Case No. 2017-23)
- ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)
International commercial arbitration:
- Acted for a global commodity trader in a dispute arising out of a contract for the delivery of sunflower oil that was not fulfilled due to Russia’s full-scale invasion of Ukraine in 2022
- Acted as counsel for a global reinsurance company in an insurance market arbitration arising from a fraudulent reinsurance claim
Investor-state arbitration:
- Сommercial Bank "PrivatBank" JSC v. the Russian Federation (PCA Case No. 2015-21)
- Misen Energy AB (publ) and Misen Enterprises AB v. Ukraine (ICSID Case No. ARB/21/15)
- Igor Boyko v. Ukraine (PCA Case No. 2017-23)
- ABH Holdings S.A. v. Ukraine (ICSID Case No. ARB/24/1)
International commercial arbitration:
- Acted as counsel for a global reinsurance company in an insurance market arbitration arising from a fraudulent reinsurance claim
- Acting as counsel for a Ukrainian defense contractor in a series of arbitration proceedings against a UK-based supplier that failed to deliver the goods
- Acted as counsel for a global commodity trader in a dispute arising out of a contract for the delivery of sunflower oil that was not fulfilled due to Russia’s full-scale invasion of Ukraine in 2022
Cross-border litigation:
- Commercial Bank "PrivatBank" JSC v. Igor Kolomoisky, Gennadiy Bogoliubov et al., Delaware Court of Chancery (С.А. No. 2019-0377-JRS)
- Commercial Bank "PrivatBank" JSC v. Igor Kolomoisky, Gennadiy Bogoliubov et al., Tel Aviv Jaffa District Court (Action No. 46916-12-19)
- Vadim Shulman et al. v. Commercial Bank "PrivatBank" JSC, Igor Kolomoisky and Gennadiy Bogolyubov et al., Delaware Court of Chancery (С.А. No. 2019-0678-JRS)
- Vadim Shulman v. Commercial Bank "PrivatBank" JSC, District Court of Nicosia (Action No. 2627/2021)
- Acting for war risks underwriters as Ukrainian counsel in two related disputes before German and English courts, involving the ability of a commercial vessel to depart from a Ukrainian port during the early days of russia’s full-scale invasion in February 2022
- Acted for a Dutch holding company owning significant retail space in Ukraine in expedited injunction proceedings before the Dutch courts
- Acted for a global commodity trader in proceedings before the English courts in a dispute arising out of non-payment for commodities received by the buyer
- Acted for an international metal and steel trader claiming damages from a metal holding in a pending dispute before the Dutch courts
Domestic litigation:
- Acted as counsel for an international metal and steel trader in a complicated network of proceedings, in every part of the Ukrainian commercial courts, including bankruptcy, contesting validity of contracts, challenging transactions aimed at siphoning off assets, etc.
- Acted for a successful Ukrainian subsidiary of a Fortune 500 major multinational technology and consulting corporation in a dispute on the termination of a complex agreement for the provision of IT services and collection of damages for the alleged breach of contract
- Acted for a leading Ukrainian insurance company, a member of Canada-based insurance and reinsurance group, in respect of a dispute that arose out of a multi-million claim under an insurance policy
- Acted as counsel to a leading drilling and exploration company in a claim against the State Service of Geology and Subsoil of Ukraine, in respect of the unlawful rejection of the client’s bid for two special permits for the geological exploration of oil and gas subsoil
- Acting as counsel for PrivatBank in a number of proceedings that the companies affiliated with its former owners initiated in Ukraine with the view of having some findings established for further use in other pending proceedings before the courts of the US and Israel
Service of process:
- Acting for PrivatBank in a set of service proceedings in Ukraine in support of PrivatBank’s Israeli and Cyprus proceedings against its former owners
- Service of process in Ukraine in respect of a pending dispute before the Supreme Court of California
Compliance/Investigations:
- Conducted internal investigation into the activities of a Ukrainian subsidiary of a foreign listed multinational corporation operating in the field of extraction of natural resources in Ukraine
- Investigated the activities of a global bank in relation to an alleged breach of compliance procedures that resulted in an FCPA enforcement
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