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Insights November 2022

Ukraine: An introduction to war-inflicted damages

What do you do if your country is invaded, your parents and kids are killed when trying to escape the occupation, your wife is gang-raped, and you are beaten to death because you speak a language the invaders hate? What do you do if the invaders have looted your house, plundered your farm, or taken your factory away from you? The 2022 Russian war against Ukraine has already become the biggest military disaster in Europe after World War 2. This war was initiated by a nuclear super-power and a permanent UN Security Council member against a nation whose security the former had guaranteed with its own sovereign signatures under numerous international treaties. The aggressor-state has clearly manifested its primary agenda

News June 2022

Kinstellar promotes Mert Elçin to Counsel in Istanbul

Kinstellar is delighted to announce the promotion of Mert Elçin to Counsel in our Istanbul office. Mert has more than 10 years of experience in corporate, M&A and banking and finance transactions as well as regulatory matters and has represented clients from a wide range of sectors, in particular banks, brokers, insurers, asset managers, investment funds and other market participants from the financial services industry, venture capital firms, founders, angel and private equity investors, and companies focusing on life sciences and healthcare, technology, media and telecommunications, retail and manufacturing. He is also experienced handling international arbitration. Mert joined Kinstellar in 2019 as

Insights March 2022

Russian property to be nationalised: Risks to consider when doing business with Russia-related counterparties in Ukraine 

Recently, the Parliament of Ukraine has adopted a law on the nationalisation of property belonging to the Russian Federation and its entities in Ukraine.   We have prepared a brief legal alert covering the main points of the law to help you consider your working processes with affected entities, as well as to assist your clients that may have operations with such entities.   Please feel free to share the legal alert with anyone whom you believe might be interested.   Download in English For more information please contact: Olga VorozhbytPartner, Head of Compliance, Risk & Sensitive Investigations (CRSI) and White-Collar

Insights February 2022

Preliminary injunctions in Slovak civil and commercial disputes

Slovak courts are often requested to issue preliminary injunctions in civil or commercial disputes. A preliminary injunction serves primarily as a tool to prevent certain actions or harmful effects, e.g., not to dispose of real estate property in order to prevent undesired disposal, or not to terminate a certain contract. A Slovak court may order a preliminary injunction either (i) if it is necessary, without delay, to determine (legal) relations, or (ii) if there is a threat that the potential enforcement may be endangered. It is also possible to ask a Slovak court to issue a preliminary injunction prior to the initiation of arbitration proceedings, or following the initiation of the arbitration proceedings but prior

News August 2021

Kinstellar expands its Dispute Resolution and TMT practices in Prague

Kinstellar is pleased to announce that Petr Souček has joined the firm’s Prague office as Head of the local Dispute Resolution practice. Over the past years Kinstellar has seen its Technology, Media and Telecommunications (TMT) and Dispute Resolution practices flourish and grow. The workload of managing and developing both practice areas, together with regional responsibilities, has outgrown the capacity of a single person. As a result, Zdeněk Kučera, who previously led both the local Dispute Resolution and TMT practices, will now focus solely on managing and further developing Kinstellar’s TMT sector coverage as Head of the local TMT practice and Co-head of the firm-wide TMT practice. The move enables Zdeněk

Deals August 2021

Kinstellar successfully represents Kiwi.com before the Czech Constitutional Court

Kinstellar has successfully represented Kiw i.com before the Czech Constitutional Court, which struck down a preliminary injunction issued by a lower court based on a claim by low-cost carrier Ryanair.  According to the Constitutional Court, the preliminary injunction issued by the Regional Court in Brno in January and subsequently upheld by the High Court in Olomouc interfered with the freedom of expression, right to conduct business and right to judicial protection.   As the Constitutional Court noted, the right to freedom of expression applies to a certain extent also to commercial communications. Consequently, when issuing a preliminary injunction, it is necessary to thoroughly assess whether information

Deals May 2021

Olexander Martinenko instructed as Ukrainian expert witness by a successful claimant in a UNCITRAL investment arbitration case against Ukraine

Olexander Martinenko, Partner and Head of Dispute Resolution at Kinstellar’s Kyiv office, was recently instructed as a Ukrainian expert witness by a successful claimant – Olympic Entertainment Group (OEG) – in a UNCITRAL investment arbitration case against Ukraine. OEG filed its claim in 2018 seeking damages over the regulatory closure of its casino business in Ukraine. Following a 2009 ban on gambling imposed by the government, OEG’s four Ukrainian subsidiaries went into liquidation. A UNCITRAL tribunal has ordered Ukraine to pay EUR 7.5 million in damages to OEG over its ban on gambling businesses that was imposed “overnight”. In an award issued on 15 April 2021, the tribunal upheld claims by OEG against

Insights May 2021

Court hearings in Slovakia during the pandemic and after

The Covid-19 pandemic has created uncertainty in many areas, and this includes the schedule of court hearings. During the first wave of the pandemic, Slovak courts in most of the cases cancelled scheduled hearings or suspended them to a later date. However, the practice of the courts was not unified in this regard. While some courts cancelled or suspended hearings, or even proceeded in such a way as not to determine the date and time of the next court hearing at all, other courts conducted hearings (or at least a portion of them). Summer 2020 was – to a certain extent – peaceful, and some courts were able to conduct hearings, as we can confirm from our own experience. The second pandemic wave that began in autumn 2020

News October 2020

Kinstellar strengthens its Ukraine practice with new Partner Olexander Martinenko

Kinstellar is pleased to announce the appointment of Olexander Martinenko as a Partner and Head of the Dispute Resolution and Commercial practices at the firm’s Kyiv office. Olexander Martinenko is a highly acclaimed and recommended leading expert in dispute resolution, commercial and competition, as well as in technology and energy matters. With nearly three decades of experience, he has advised a broad range of clients, including multi-national and local companies, state-owned enterprises, and international institutions and organisations on their business activities in Ukraine and abroad. Olexander has developed a market-leading practice appearing as counsel and Ukrainian law expert witness in international

Deals September 2020

Kinstellar’s Belgrade office advises the Serbian Orthodox Church on claims before the English High Court

Petar Grozdanović, Counsel at Kinstellar’s Belgrade office, has recently been involved in an English High Court case in which English solicitors initiated a series of claims against the Serbian Orthodox Church. Petar worked together with Paul Donnelly, Samantha Chambers of the UK law firm DWF and lead counsel, Michael McParland QC. The claims involved alleged abuse by clergymen in Serbia, Bosnia-Herzegovina and Croatia. None of the claimants had a personal connection with England or Wales, nor were they present or resident within the jurisdiction, nor could any of the alleged loss or damage be said to have occurred in the jurisdiction. The High Court reached its judgment earlier this year pursuant to which all claims

Deals July 2020

Kostiantyn Likarchuk instructed as expert on Ukrainian law by a successful defendant in a multi-billion-dollar UK dispute

Kostiantyn Likarchuk, Managing Partner of Kinstellar’s Kyiv office and firm-wide Head of Dispute Resolution, was recently instructed as an expert on Ukrainian law by a successful defendant in a multi-billion-dollar dispute in the English Commercial Court. Valued at over USD 2 billion, the complex proceedings involved wide-ranging accusations of fraud made by Mr Vitaliy Gaiduk and Mr Sergei Taruta against Mr Oleg Mkrtchan. After an eight-week trial, the judge dismissed all of the claims against Mr Mkrtchan, with the exception of a single claim regarding a transfer of shares, which the judgment itself recognised were likely worthless. The Court was pleased with the expert evidence on Ukrainian law that it heard during

Insights July 2020

EU-wide collective redress rules draw near adoption: potential impact in Bulgaria and for EU cross-border business

On 22 June 2020 the European Parliament and the Council of the EU reached an agreement on the ‘Representative Actions Directive’, which proposes the first EU-wide rules on collective redress. The directive requires each Member State to implement a mechanism for an EU-style class-action scheme and to allow qualified entities to claim injunctive relief and damages for infringements of consumer protection laws before national courts or administrative authorities. Currently 17 out of 28 pre-Brexit Member States permit collective actions, and the remaining states must establish at least one representative action procedure. The directive enhances cross-border collective action across the EU by empowering qualified entities (consumer