Arbitration Disputes and Mediation
Grischenko & Partners have over 20 years of experience representing their clients before international arbitrations institutions, having arbitral awards executed, and applying alternative dispute resolution methods.
- Joseph Lemire v. Ukraine (ICSID Case No. ARB(AF)/98/1) (G&P acted as a counsel to the State of Ukraine), 1998-2000, the amount of claim 15 million US dollars. This first investor-state dispute with Ukraine’s participation in the area of radio broadcasting and licensing was resolved by a settlement agreement recorded in the award (without a monetary compensation by the respondent State). In the second Lemire case heard in 2010 the ICSID tribunal found that Ukraine had not breached the 2000 Settlement Agreement;
- Generation Ukraine, Inc. v. Ukraine (ICSID Case No. ARB/00/9) (as a co-counsel to the respondent state, jointly with Proxen law firm). The arbitral tribunal unanimously denied one of the largest claimed amounts in the history of ICSID - 9,4 billion US dollars. This case (2000-2003) was the first Ukraine’s victory in investment arbitration;
- Tokios Tokeles v. Ukraine (ICSID Case No. ARB/02/18) (as a co-counsel to the respondent state, jointly with Proxen law firm). This 73 million US dollars claim was dismissed by a majority award. This is one of the most well-known investment arbitration cases (2003-2007) broadly discussed and referred to in professional publications and international case law;
- Western NIS Enterprise Fund v. Ukraine (ICSID Case No.ARB/04/2) (as a counsel to the respondent state), resolved by a settlement agreement (2004 - 2006);
- АМТО v. Ukraine (SCC Arbitration No. 080/2005) (as a leading counsel to Ukraine, jointly with Proxen & Partners). This was the first dispute under the Energy Charter Treaty won by a respondent State (2005 - 2008) and the 20 million EUR claim was unanimously rejected;
- Alpha Projektholding v. Ukraine (ICSID Case No. ARB/07/16) (2007-2010, as a leading counsel to Ukraine, jointly with Proxen & Partners law firm);
- Remington v. Ukraine (SCC Arbitration No. V. (116/2008) (2009-2011, as a counsel to the respondent state);
- Inmaris v. Ukraine (ICSID Case No. ARB/08/8) (2008-2012, as a leading counsel to the respondent state);
- Tatneft v. Ukraine (UNCITRAL Rules/PCA) (2008-2014, as a local counsel to the respondent state jointly with an international law firm);
Energorynok v. Moldova (2012-2015, SCC/ECT, as a counsel to claimant).
- Representing the Nikopol Pivdennotrubny plant in the LCIA case against an Irish company;
- Representing the Nikopol Pivdennotrubny plant in the SCC case against a German company;
- Representing a Big Four audit firm in two arbitration disputes with a Swiss-based company (consulting services with regard to a big-scale transaction for sale of a grain business in Ukraine);
- Representing a Ukrainian firm seeking a refund of pre-payment amounts made to a German company under a contract for supply of a batch of cars in the arbitration before the ICAC at the CCI of Ukraine;
- Representing a Cyprus company in a dispute before the ICAC at CCI of Ukraine with a large Ukrainian corporation concerning a settlement with respect to a shareholding transaction.
The Firm’s partner Dr. Sergey Voitovich had a unique experience of serving as a panel member in four investment disputes considered under the auspices of the Chamber of Independent Experts on Foreign Investment at the President of Ukraine. The Chamber of independent lawyers from various jurisdictions, as a special conciliation and consultative body established by the President of Ukraine for settlement of investment disputes, operated in 1997-2001.
Partner, Head of the Arbitration Practice at Grischenko & Partners.
The Honoured Lawyer of Ukraine.
Since 1998 Dr. Voitovich has participated as a counsel of the State of Ukraine in 9 investor-state disputes, including 6 ICSID arbitrations, 2 ECT/SCC arbitrations and one UNCITRAL/PCA arbitration. He also represented the investor-claimant in one ECT/SCC arbitration.
In 2014 by the Decree of the President of Ukraine Dr. Voitovich was designated to the ICSID Panel of Arbitrators
Dr. Voitovich is the arbitrator of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, Kazakhstan International Arbitration, Kuala Lumpur Regional Centre for Arbitration, Riga International Commercial Arbitration Court.
Director and Managing Partner
The Honored Lawyer of Ukraine.
Mr. Grischenko participated in several investment treaty arbitration disputes, commercial arbitration disputes and numerous cases in Ukrainian courts of all instances.
Head of the Arbitration court at the All-Ukrainian Non-Governmental Organization “Ukrainian Bar Association”.
Maksym Makhynia is a lawyer practicing for more than 10 years in the field of dispute resolution (litigation and arbitration), tax consultancy, corporate and aviation law.
- Representing foreign and local corporations in Ukrainian courts in debt-settlement, contractual, capital construction, pharmaceutical disputes, tax matters: conducting successful amicable settlements.
- Proceedings on appeal against unlawful actions and decisions of public authorities.
- Handling international arbitrations, representing Ukrainian and foreign companies, in the International Commercial Arbitration Court, Kyiv, Ukraine.
- Assisting in representation of the State of Ukraine in 2 investor-state arbitrations (ICSID and UNCITRAL/PCA) and representing the investor-claimant in one ECT/SCC arbitration;
- Over 12 years of transactional legal work in multiple international transactions.