Olexander Martinenko is a Partner in the Kyiv office and the head of the local Dispute Resolution and Commercial practices.
Olexander represents clients in Ukrainian courts (including the Supreme Court of Ukraine) and frequently acts as an expert on matters of Ukrainian law in international commercial and investment arbitration proceedings, and foreign dispute resolution proceedings, submitting Ukrainian expert witness reports, legal opinions and affidavits.
He also advises clients on a wide array of competition, corporate, tax and commercial law matters across a number of sectors, including energy & natural resources, life sciences & healthcare, and technology, media and telecommunications.
RECENT ENGAGEMENTS INCLUDE ADVISING
- TATNEFT on an investment arbitration against Ukraine under the Russia-Ukraine Bilateral Investment Treaty; the arbitral tribunal, constituted under 1976 UNCTIRAL Arbitration Rules, awarded USD 112 million in damages following the decision that Ukraine had acted unlawfully*
- CITY-STATE et al. on an ICSID investment arbitration against Ukraine under The Netherlands-Ukraine BIT; the arbitral tribunal made award in favour of the client by majority of votes*
- RAGA on an LCIA international commercial arbitration against SCM in relation to the sale of Ukrtelecom; the arbitral tribunal awarded the full amount of claims to Raga*
- SCOR, a major international insurance/re-insurance company, as respondent, in an international commercial arbitration case brought by a malicious claimant under the ICACU rules; the arbitral tribunal made award fully in favour of the respondent*
- A BLUE-CHIP MULTINATIONAL TECHNOLOGY CORPORATION, as defendant, in a Ukrainian commercial court dispute on the termination of the service contract and collection of damages initiated by a major Ukrainian trading group*
Competition & State Aid
- TAKEDA PHARMACEUTICALS on the Ukrainian merger control approval regarding the acquisition of Nycomed*
- BAIN CAPITAL, a Boston-based private equity firm, on the acquisition of shares and assets of the world`s leading producer of sanitary items (deal value - USD 1.775 billion)*
- FREESCALE SEMICONDUCTOR, a global leader in the design and production of embedded semiconductors for the automotive, consumer, industrial and networking markets, on obtaining the Ukrainian merger control approval for the exit of the client from its Ukrainian joint venture - Information Software Systems (ISS)*
- NESTLÉ on obtaining the AMC approval for its acquisition of Technocom, as well as on various competition law matters, including unfair competition, concerted actions issues, promotion campaigns for the client`s products in Ukraine*
- METLIFE on obtaining the merger control and concerted actions approval for the global acquisition of ALICO and on various aspects of an acquisition in Ukraine, including due diligence*
Technology, Media & Telecommunications
- A UKRAINIAN TELECOMMUNICATION OPERATOR on the contemplated acquisition of the 3G business in Ukraine, as well as providing regulatory advice regarding restructuring of regulatory telecommunication permits post-closing*
- AT&T on the establishment of the dedicated Ukrainian long-distance and international fixed line operator Utel, its subsequent transformation from a joint venture company into a closed joint-stock company, and further divestment of AT&T’s interest in Utel*
- A MAJOR EUROPEAN TELECOMS EQUIPMENT MANUFACTURER in negotiations with a number of Ukrainian GSM providers in relation to refurbishment of their GSM networks*
- A MAJOR US TELECOMS EQUIPMENT MANUFACTURER on the acquisition of a major Ukrainian fibre optic manufacturer, including advising on regulatory aspects of the deal*
- A MULTI-NATIONAL TELECOMMUNICATIONS AND MEDIA COMPANY on various commercial and regulatory matters issues related to digital terrestrial TV*
*Experience prior to joining Kinstellar
- 1995 – 1996: Kyiv Institute of Industrial Property, Ukraine, Intellectual Property Law
- 1993 – 1994: Harvard University, Massachusetts, USA, LL.M.
- 1987 – 1991: Koretsky Institute of State and Law of National Academy of Science of Ukraine, Kyiv, Ukraine, LL.D.
- 1978 – 1983: Kyiv Taras Shevchenko University, Ukraine, Diploma of Specialist in Law (magna cum laude)
- International Arbitral Centre of the Austrian Federal Economic Chamber
- International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC)
- Singapore International Arbitration Centre
- Hong Kong International Arbitration Centre
- South China International Economic, Trade Arbitration Commission/Shenzhen Court of International Arbitration
- Kuala Lumpur Regional Centre for Arbitration
Ukrainian, Russian, English, French