Litigation 

Litigation:

 
 

LITIGATION

Grischenko & Partners is recognized as a one of the leading legal firm of Ukraine focused on litigation as for various sectors of Ukrainian and international economy and business.

Our most significant experience in the field of litigation in Ukrainian courts includes:

  • Representation of Syngenta LTD (The United Kingdom) in a case initiated upon a claim challenging a decision of a state tax inspectorate recognizing a tax debt;
  • Representation of JT International (Japan) in a case initiated upon a claim for repealing a decision of the State Tax Administration of Ukraine applying financial sanctions;
  • Representation of Breeze-Invest LLC (Ukraine) in a case initiated upon a claim for recovery, from the general contractor, of funds unreasonably received under an agreement for the construction of a shopping and entertainment center in Kyiv;
  • Representation of Nokia Siemens (Finland) in a case initiated upon a claim challenging a decision of a state tax inspectorate recognizing a tax debt (the first and the second tax disputes);
  • Representing MCM Telecom (of Siemens Group) in litigation with Ukrtelecom OJSC concerning the payment for telecommunications equipment supplied;
  • Representation of FM-21 (France) in a case initiated upon a claim challenging a decision of a state tax inspectorate recognizing a tax debt;
  • Representation of UPS (Ukrainian Parcel Service, the USA) in a case initiated upon a claim for invalidation of decisions of a state tax inspectorate applying financial sanctions;
  • Representation of Sanofi Avensis (France) in a case initiated upon a claim for repealing of the Order of the Ministry of Healthcare of Ukraine on the Registration of a Medicine, which is an Analogue of the Client’s Medicine;
  • Representing Future Enterprise Pte. Ltd., a Singapore company producing MacCoffee, in lawsuits against its Ukrainian counterparties;
  • Representing LEK, a European pharmaceutical company, in commercial litigations with its Ukrainian counterparties;
  • Representing the companies of Procter & Gamble Group in a variety of litigations, including those related to the ownership of their plant in Ukraine;
  • Representing Coca Cola in commercial litigations with its Ukrainian counterparties; 
  • Representing Bayer AG in commercial litigations against its Ukrainian counterparties;
  • Representing the interests of JSC SUN InBev Ukraine in a dispute with a construction company concerning costs of construction work on the beerplant and reimbursement of ungrounded payments;
  • Representing Microsoft in commercial litigations with its Ukrainian counterparties;
  • Representing Boryspil Airport in disputes with the aviation company concerning the amount of the airport fee and the recovery of debt;
  • Representing PPF Investments, a Czech investment and finance company, in commercial litigations with its Ukrainian counterparties;
  • Representing AICE Ukraine, a car-sale dealer, in lawsuits against its Ukrainian counterparties;
  • Representing  First Cargo Company (Persha Vantazhna Kompaniya) LLC – a rail freight forwarder – in litigations against Donetsk Railway concerning the rail freight rates;
  • Representing the La Castellana company, a part of Carmens Holding B.V. group, in a set of litigations as for claiming back of immovable property;
  • Representing the interests of Sea Emerald Company (Panama) in the case for action as for recognizing and access to accomplishment of the decision of London Arbitration Court as for collecting from a Ukrainian state-owned enterprise of indebtedness in the amount of over 17 million U.S. dollars;
  • Representing the interests of Metro Cash & Carry Ukraine LLC in a labor dispute as for employee reinstatement;
  • Representing the interests of Eurocar LLC in a dispute as for fulfillment of a contract of carriage by rail;
  • The case upon a claim of PJSC “Universal Bank” for recovery of debts from the surety under a loan agreement;
  • The case initiated upon a claim of PJSC “Nadra Bank” against a client for recovery of debts under a loan agreement and upon the client’s counterclaim for recognizing a debt restructuring collateral to the loan agreement to have been concluded;
  • The legal services provided in disputes of Baltic International Bank with its debtors in Ukraine;

  • Representing the interests of UNIQA insurance company in a set of litigations as for lawfulness of a refusal of this company of paying of insurance compensation;

  • Representing the interests of N-M joint venture in a dispute against Department of Economy and Investments of Kyiv City Council as for exemption of a client from paying its share in capacity of developer establishing social, engineering and transport infrastructure of the city of Kyiv;
  • Representing the interests of N-M joint venture in a dispute against State Architecture and Construction Watchdog of the city of Kyiv as for fine for offenses in town-planning area;
  • Successful representing the interests of the Ukrainian representative office of the Yara International AS Company, an international company focused on fertilizers production, in multiple legal disputes with its Ukrainian counterparties in Ukrainian commercial courts concerning recovery of over 1.5 million US dollars of debt for the products supplied. The total amount of the debt has been recovered as a result of enforcing the court decisions;
  • Representing Serna, an agricultural market operator, in litigation against a subsidiary of a major Ukrainian bakery plant ‘Bread of Ukraine’ (‘Khlib Ukrayiny’) concerning the quality of grains supplied;
  • Representing a Ukrainian company that sought a recovery of funds paid under a tender contract for the construction of a capacious shopping and entertainment centre in Kyiv;
  • Representing a famous French company, an agricultural market operator, in litigation against a subsidiary of a major Ukrainian bakery plant ‘Bread of Ukraine’ (‘Khlib Ukrayiny’) concerning supply of large amounts of grains;
  • Representing a famous Israeli company, a producer of drip irrigation systems, in commercial litigations against its Ukrainian counterparties;
  • Consulting of Interbudmontage Constructing Association. PJSC (PAT ‘Budivelna Asociatsiya ‘Interbudmontazh’) as for some issues of performing of terms and conditions of the contract on construction of Beskid Tunnel concluded with Ukrainian Railways (Ukrzaliznytsya); out-of-court settlement of a possible dispute;
  • Successful representing the interests of National Nuclear Energy Generating Company   Energoatom,  State Enterprise as for granting to an enterprise incorporated in the Republic of Moldova of the permit for enforcement in Ukraine of the decision of a Moldovan court to collect indebtedness in the amount of over 50 million Ukrainian hryvnyas. 

Representation interests of clients in foreign courts:

  • Legal support of Ukrainian businessmen in foreign courts in corporate and commercial disputes in various jurisdictions (the United Kingdom, Switzerland, Cyprus, Liechtenstein);
  • Representation of  NNEGC "Energoatom" in a case initiated upon a claim of SRL «Pinar-Com» (Republic of Moldova) to NNEGC "Energoatom" for recovery of 51 million UAH, considered by the District Economic Court of the Republic of Moldova. 

The partners and the counsels of the firm gained large experience as for following directions of litigation practice: economic disputes, disputes as for collection of problematic debts; corporate disputes; administrative disputes against governmental bodies, in particular, tax and customs disputes; disputes as for providing financial, banking services, disputes arising from relationship based on borrow; disputes in the area of insurance; disputes as for real estate; disputes as for intellectual property; disputes with mass media, protection of honor, dignity and goodwill, compensation of moral damages; labor disputes; disputes as for recognizing and accomplishing of decision of courts (arbitrations) and so on.

  Also, we earned large experience of representation of interests of individuals, in particular, foreign citizens, as for resolution of civil, matrimonial, labor, succession and other disputes in Ukrainian courts, and of representation of interests of individuals and legal entities in litigations as for contestation of decisions and acts of the Cabinet of Ministers of Ukraine, of ministries and other governmental bodies of Ukraine.

 

TEAM

 Dmitri Grischenko

Director and Managing Partner

Honored Lawyer of Ukraine

Dmitri Grischenko took part in a set of arbitration disputes as for investment agreements and commercial arbitration disputes, also in a great number of cases heard in Ukrainian courts of all instances.

Mr. Grischenko is a member of International Bar Association, American Association of Justice (Association of Trial Lawyers), Kyiv Regional Bar, Ukrainian Bar Association (UBA), Kyiv Community Organization ‘Telecom-Club’ (telecommunications), American Trade Chamber in Ukraine. He is the Head of the Arbitration Court at All-Ukrainian Public Organization ‘Ukrainian Bar Association’, a member of the Board of the Committee on Banking Activities, Finance and Insurance Law of Ukrainian Bar Association.

 Igor Kovbasinsky

Partner, Head of Litigation Practice

  His experience of work in the area of law counts over 20 years. He has been a lawyer for over 15 years.

He is focused on commercial and corporate law, arbitration and litigation procedures.

Igor Kovbasinsky took part in well-known cases such as following:

-          Criminal case regarding Leonid Kuchma (representing of interests of a participant of this case);

-          Defense of interests of Era Television and Broadcasting Company in a dispute against National Council of Television and Radio Broadcasting in Ukraine;

-          Defense of interests of National Nuclear Energy Generating Company Energoatom;

-          Defense of interests of First Cargo Company in Ukraine, LLC in economic and administrative disputes;

-          Representing of interests of the Head of Representative Office of Nokia-Siemens, a Finnish company, in litigation as for unlawfulness of institution of the criminal case against him as for extra-large-scale tax evasion.

 

Pavlo Kostynchuk

Counsel

He work as a counsel of Grischenko & Partners Law and Patent Offices LLC. His experience of work in the area of law counts over 15 years. He has been a lawyer for over 10 years.

In 2007-2008, he successfully represented interests of National Nuclear Energy Generating Company Energoatom (State Enterprise) in courts of Ukraine and the Republic of Moldova. In particular, a case in the court of the Republic of Moldova as for relinquishing of acts of a state bailiff officer of the Republic of Moldova while accomplishing of the decision of a court as for collecting from National Nuclear Energy Generating Company Energoatom (State Enterprise) in favor to Remington Worldwide Limited, Gibraltar, of 23,08 million US dollars.

 

Taras  Zozulia

Counsel

His experience of work in the area of law counts over 15 years. He has been a lawyer for over 9 years.

He has the successful service record in the Prosecutor’s Office, in the Ministry of Finance, in the Ministry of Justice, in the Supreme Council (Verkhovna Rada) – Parliament of Ukraine.

He is focused on economic, civil legal, administrative, arbitration, litigation.

In 2007-2008, he had an experience of representing of interests of National Nuclear Energy Generating Company Energoatom (State Enterprise) in the courts of Ukraine and of the Republic of Moldova.