Andriy Pozhidayev

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Andriy Pozhidayev

Partner

practice areas

industry sectors

Banks & Financial Services

07 July 2023

Asters successfully defended PrivatBank in over UAH 200 million dispute with Ingosstrakh insurance company

Andriy co-heads the dispute resolution and debt restructuring practice of the Firm. With more than 15 years of experience in the dispute resolution, he is specialised in banking, contractual, corporate, defamation, and labour disputes, as well as disputes involving the protection of creditors’ rights, bankruptcy and restructuring.

He has wealth of experience in running and participating in person in disputes brought before Ukrainian courts of all jurisdictions and levels, including the Grand Chamber of the Supreme Court and the Constitutional Court of Ukraine, as part of a number of cases that have shaped court practice, bankruptcy proceedings involving large debtors, and the most complicated financial restructuring processes unique to Ukraine. Andrii represented clients and advised them on complicated litigation processes covering a number of foreign jurisdictions.

Andriy and his team were fully engaged in the drafting of a number of laws that were critical to the financial market, including the Ukrainian Law on Banks and Banking, the Ukrainian Law on Financial Restructuring, the Ukrainian Law amending certain legislative instruments of Ukraine to resume lending, the Ukrainian Law amending certain legislative instruments of Ukraine to address certain issues of operation of the banking system, etc.

Andriy Pozhidayev has been advising clients from various industries, including the banking sector, car industry, telecommunications, FMCG, transport and logistics.

Recognition:

recommended lawyer in Dispute Resolution, Chambers Global 2024 and Chambers Europe 2024
recognized among the leading lawyers in litigation, Ukrainian Law Firms 2024. A Handbook for Foreign Clients
recommended lawyer for Dispute Resolution, The Legal 500 2021
named Best Litigation Counsel, Yurydychna Praktyka 2017
recognized among TOP-5 Litigation Counsel in Ukraine, Yurydychna Praktyka 2019
The debt recovery and restructuring department led by Andriy was recognised the best legal department among Ukrainian banks, Yurydychna Praktyka 2017

Education:

Kyiv National Economic University, Master of Laws, 2004

Languages:

English, Ukrainian, Russian

Membership and activities:

Ukrainian Bar Association
Kyiv Region Bar Association
Independent Association of Ukrainian Banks

Representative experience:

representing PrivatBank in disputes worth UAH 155+ billion, brought by its former owners, their related parties, both individuals and organisations, and the labour union of the bank controlled by them, before administrative, commercial, and general courts of all levels, including the Grand Chamber of the Supreme Court, seeking the recovery of debts, a declaration that inactivity was illegal, the invalidation and termination of agreements, an order requiring that certain acts be done, an order protecting one’s honour and dignity, and an order challenging the labour union’s resolutions. The defence provided for an overarching strategy, including (i) 400+ court cases in Ukraine, Great Britain, Israel, United States, Switzerland, and Cyprus; (іі) media campaigns; (ііі) initiating and managing court proceedings; (іv) representing the bank before government authorities; and (v) elaborating draft laws.
representing PrivatBank before the Constitutional Court of Ukraine in a case involving a constitutional complaint of the bank, arguing that the legal provisions the court relied on in its final judgment against the bank contradict the Constitution of Ukraine.
representing the National Bank of Ukraine in 100+ cases over the nationalisation of the largest commercial bank;
advising Coca-Cola Ukraine on numerous matters of Ukrainian law arising as part of the company's activities in Ukraine, including litigation in Ukrainian courts in connection with defending the company's intellectual property rights, advertising, and consumer claims;
representing L'Oreal Ukraine in various disputes, including a dispute against the State Inspectorate of Ukraine for Consumer Protection over compliance with labeling requirements;
successfully represented Group DF in a series of corporate disputes against Uralkalii OJSCnover shares of Azot PrJSC (Cherkassy);
representing a shareholder in a corporate dispute against Azot OJSC (Cherkasy), one of the largest manufacturers of mineral fertilisers and other chemicals in Ukraine;

representing PrivatBank in disputes worth UAH 155+ billion, brought by its former owners, their related parties, both individuals and organisations, and the labour union of the bank controlled by them, before administrative, commercial, and general courts of all levels, including the Grand Chamber of the Supreme Court, seeking the recovery of debts, a declaration that inactivity was illegal, the invalidation and termination of agreements, an order requiring that certain acts be done, an order protecting one’s honour and dignity, and an order challenging the labour union’s resolutions. The defence provided for an overarching strategy, including (i) 400+ court cases in Ukraine, Great Britain, Israel, United States, Switzerland, and Cyprus; (іі) media campaigns; (ііі) initiating and managing court proceedings; (іv) representing the bank before government authorities; and (v) elaborating draft laws.
representing PrivatBank before the Constitutional Court of Ukraine in a case involving a constitutional complaint of the bank, arguing that the legal provisions the court relied on in its final judgment against the bank contradict the Constitution of Ukraine.
representing the National Bank of Ukraine in 100+ cases over the nationalisation of the largest commercial bank;
advising Coca-Cola Ukraine on numerous matters of Ukrainian law arising as part of the company's activities in Ukraine, including litigation in Ukrainian courts in connection with defending the company's intellectual property rights, advertising, and consumer claims;
representing L'Oreal Ukraine in various disputes, including a dispute against the State Inspectorate of Ukraine for Consumer Protection over compliance with labeling requirements;
successfully represented Group DF in a series of corporate disputes against Uralkalii OJSCnover shares of Azot PrJSC (Cherkassy);
representing a shareholder in a corporate dispute against Azot OJSC (Cherkasy), one of the largest manufacturers of mineral fertilisers and other chemicals in Ukraine;
representing VR Capital (Manmade Enterprises Limited) in a series of corporate disputes against Nadra Bank brought before administrative and commercial courts of Ukraine, challenging a USD443 m issue of the bank’s new shares;
representing Crédit Agricole before Ukrainian courts in connection with the recovery of an outstanding multimillion debt and the foreclosure of collaterals; advising the client on the matters of enforcement of court decisions;
advising Swedbank in a series of disputes against its borrowers regarding the payment of large outstanding debts totalling over USD100 million through the foreclosure of collaterals; advising on bankruptcy proceedings;
advising Telenor, the majority shareholder of Ukraine’s leading mobile provider Kyivstar GSM, on the matters of judicial law and arbitration; representing the client before commercial courts of all tiers in connection with corporate disputes; representing the client before general courts in connection with various litigations and proceedings brought to establish legal circumstances; and providing advice on arbitration matters;
Representing Moldovan iron and steel works in a case challenging a resolution applying anti-dumping measures in respect of imports into Ukraine of certain goods through the introduction of collection of a final anti-dumping duty;
representing Ukrtelecom in connection with legal advice on the financial restructuring of a debt exceeding UAH 2 bn;
representing and defending a leading investment business in disputesrelating to the protection of ownership of real property worth UAH300 m; and
representing an energy business of CNBM (China Building Materials Group Corporation) in connection with invalidation of the results of an electronic auction regarding the sale of claims and an agreement on the assignment (sale) of the claims.