Koziakov & Partners

Dispute Resolution

- acting for a major Ukrainian energy company in litigations concerning the invalidity of transactions and the return and recovery of shares;

- representing a major Austrian company in a dispute over the legal status of real estate in Ukraine worth USD 17 million);

- acting for a Ukrainian construction company in a dispute with an employer over breach of contractual obligations;

- acting for an Australian-Croatian joint venture in the resolution of a contractual dispute with a Ukrainian state agency;

- acting for the State of Ukraine in the case of the return of the "Scythian Gold" before the courts of the Kingdom of the Netherlands;

- representing the State Road Agency of Ukraine in litigations and ICC arbitration against contractors under FIDIC road construction contracts;

- representing one of the largest Ukrainian producers of agricultural products in an ICC and VIAC arbitrations concerning the recovery of a debt for goods supplied;

- acting for the State of Ukraine in an ICSID arbitration concerning a renewable energy project;

- representing a Liberian company - ship-owner in an arbitration case against a Ukrainian company before the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry concerning the recovery of a debt for goods supplied;

- representing a group of Ukrainian companies in a high-profile dispute with the State Property Fund of Ukraine over the results of a privatisation tender;

- representing a state-owned joint-stock company in a dispute with the tax authorities concerning the imposition of a fine in amount of UAH 120 million;

Competition/M&A

- representing the French subsidiary "Lactalis-Ukraine" in challenging the decision of the Antimonopoly Committee of Ukraine on unfair competition in the sale of dairy products and the imposition of a fine;

- representing one of the largest Ukrainian pharmaceutical wholesalers before the Antimonopoly Committee of Ukraine in connection with an investigation into violations of the Law on Protection of Economic Competition;

- representing the largest Ukrainian tobacco distributor in challenging the fine imposed by the Antimonopoly Committee of Ukraine for abuse of dominance;

- representing major Ukrainian industrial corporation before Ukrainian courts in appeals against decisions of the Antimonopoly Committee of Ukraine on anti-competitive concerted actions and imposition of fines;

- representing Odessa Port Plant before the Antimonopoly Committee of Ukraine and Ukrainian courts in appeals against the AMCU decisions on on the recognition of a monopoly position;

- representing General Motors Company before the Antimonopoly Committee of Ukraine in obtaining AMCU approval for the purchase of assets of Delphi Corporation, a manufacturer of automotive components and spare parts, the total value of the transaction exceeding USD 3.2 billion;

- representing Lenovo Group Limited (Hong Kong) before the Antimonopoly Committee of Ukraine in obtaining approval for the acquisition of shares in Motorola Mobility Holdings LLC (Wilmington, USA), which provided more than 50% of the votes in the highest governing body, with the total value of the transaction exceeding USD 2.9 billion;

- representing Delphi Automotive LLP before the Antimonopoly Committee of Ukraine on the acquisition of control over Radclive Holdings Limited (UK) and its subsidiary "Hartridge Limited" (UK), the total value of the transaction exceeded EUR 3.22 billion;

International Trade

- representing Lactalis Group during safeguard investigation concerning imports to Ukraine of certain types of cheese regardless of country of origin and export. The investigation was completed without safeguard measures;

- representing Turkish Business Association and their members during safeguard investigation concerning imports to Ukraine of PVC profiles regardless of country of origin and export. The provisional measures were not applied. The investigation was completed without safeguard measures;

– representing Chinese manufacturer ZHEJIANG AOPENG INDUSTRY AND TRADING CO., LTD during anti-dumping investigation concerning imports to Ukraine of aluminum ladders originating in the People’s Republic of China, the Slovak Republic, the Republic of Poland and the Republic of Belarus. The investigation was completed without AD measures.

– representing Chinese manufacturer HUIDA SANITARY WARE CO., LTD in safeguard investigation on imports into Ukraine of ceramic tiles regardless of country of origin and export. The investigation was completed without safeguard measures.

- representing manufacturer and exporter Suzhou Samsung Electronics Co. Ltd. during an anti-dumping investigation regarding the import into Ukraine of refrigeration and freezing equipment from China and Turkey. Based on the results of the investigation, our client received a zero rate of antidumping duty;

- representing Korean Textile Trade Association in an anti-dumping investigation regarding the import of pile fabrics (including long-pile fabrics) and terry fabrics from China and the Republic of Korea. According to the results of the investigation, the rate of anti-dumping duty for our client was significantly lower than the duty on goods from China;

- representing Polish manufacturer and exporter Euroglas Polska Z.o.o and the Association of Window and Facade Market Participants (Ukraine) during the review of anti-dumping duties regarding the import of float glass originating from the Russian Federation, the Republic of Belarus and the Republic of Poland. As a result of the review, the anti-dumping duty with respect to Polish manufacturer was canceled in the interests of our clients;

- representing Neochim PLC, Agropolychim AD, Grupa Azoty S.A. and its subsidiaries in safeguard investigation on import into Ukraine of some nitrogen fertilizers (in particular: ammonium nitrate and calcium-ammonium nitrate, urea and urea-ammonia mixture) regardless of the country of origin and export. The investigation was completed without safeguard measures;

Intellectual Property

- representing the authors of a well-know animated film “Kapitoshka” against copyright violators in the courts at all levels (more than 15 cases) on the territory of Ukraine;

- representing a television and radio company in disputes over copyright infringement and invalidation of a decision of the National Council on Television and Radio Broadcasting;

- representing a leading Ukrainian sparkling wine producer in a dispute concerning the prohibition of trademark use;

- advising Amsterdam City Museum on issues of cultural objetcs acquisition;

- acting for a model agency in a dispute concerning the prohibition of trademark use;

- carrying out trademark registrations for IT companies and other businesses;