General counsel | ZMI Holdings
Iryna Kovalchuk
General counsel | ZMI Holdings
Managing legal aspects during periods of instability or crises: My Approach at ZMI Holdings
In my role as General Counsel at ZMI Holdings, I have come to understand that legal strategy during periods of instability or crisis plays a critical role in ensuring the resilience of the business. Whether we are dealing with economic uncertainty, regulatory changes, or industry disruptions, my focus is always on aligning our legal strategy with the broader business goals to protect the organization’s long-term interests.
Risk management and mitigation is at the core of how I approach instability. We regularly assess potential risks that could arise from changes in the regulatory environment or unexpected disruptions in the oil and gas sector. My team and I develop detailed crisis management plans that address various scenarios, from potential breaches of contract to litigation risks. This proactive approach ensures that ZMI Holdings can continue operating smoothly, even in challenging times.
Compliance and regulatory adaptation is another crucial area. The legal landscape is constantly evolving, and it is essential that we stay ahead of these changes. My team works closely with regulatory bodies to ensure we remain compliant, updating our internal policies as needed to reflect any new requirements. This helps ensure that our business strategy is flexible enough to adapt, while also staying aligned with the changing legal environment.
When it comes to Contract Management, one of my priorities is ensuring that our contracts include strong force majeure clauses to protect us during unforeseen events. We also monitor contractual obligations closely, resolving disputes quickly to avoid costly litigation that could disrupt operations. In the event disputes arise, my focus is on Litigation and Dispute Resolution that supports ZMI’s broader business objectives. I prefer to pursue mediation or arbitration where possible, as these methods are often more efficient and less disruptive than full-scale litigation.
Recent trends in the nature of commercial disputes in the Middle East
Given the nature of our business, staying on top of industry trends is key. In the Middle East, we have seen a shift in the types of commercial disputes due to economic shifts and global factors like the COVID-19 pandemic. Energy disputes remain prevalent in the oil and gas sector, but with the growing push towards renewable energy, we are seeing new disputes related to regulatory compliance and financing of green energy projects.
There has also been a noticeable rise in financial and corporate disputes, particularly as the region diversifies away from oil dependency. Increased M&A activity, especially in real estate and private equity, has led to more disputes around corporate governance and bankruptcy, areas that we are closely monitoring.
Arbitration and alternative dispute resolution (ADR) have gained significant traction in the Middle East, especially with the development of prominent arbitration centres such as the DIFC, Abu Dhabi International Arbitration Centre (ArbitrateAD) and ADGM. The region’s evolving arbitration framework gives us more confidence to pursue ADR as a preferred method of resolving complex commercial disputes.
Finally, the growing focus on Environmental, Social, and Governance (ESG) issues has started to influence the types of disputes we see, particularly around compliance with environmental regulations and corporate governance. As ZMI Holdings moves towards more sustainable business practices, it’s clear that ESG considerations will continue to shape the legal landscape in the coming years.
Group general counsel | ZMI Holdings