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Public International Law and Investor-State Disputes are at the very core of our Disputes Practice

Marchenko Partners is recognized as the leading firm in Public International Law and treaty disputes.  Our treaty cases make headlines in international and national media. In many of our treaty cases, we have successfully settled investor-state claims through negotiations with host states during the cooling-off period, convincing or forcing host states to restore investors’ rights.  We effectively use this instrument for resolving treaty disputes in their early stages, convincing infringing states to revoke unfair measures and restore investors’ rights.

Responsible Partner

Partner, Dispute Resolution

Representative Cases

Ukraine settled five investor-state disputes since its independence from the Soviet Union in 1991.  Marchenko Partners acted for Philip Morris International (USA) and Affiliates, Gilead Sciences Inc. (USA), and McMahons and Affiliates (USA, Canada, France, and Luxembourg) in three out of five settlements with Ukraine:

  • We helped US pharmaceutical giant Gilead protect and restore its exclusivity rights to market and sell original Sofosbuvir in Ukraine.  Sofosbuvir (SOF) provides for the revolutionary effective treatment of HCV (hepatitis) and then it was the second best-selling medicine globally in the world’s pharma history.
  • We helped Philip Morris International and its affiliates protect their rights for tax-free inward processing of tobacco in Ukraine and avoid payment of multimillion tax charges against Philip Morris Ukraine imposed in violation of Ukraine’s treaty obligations under US-Ukraine BIT and Switzerland-Ukraine BIT.
  • We helped Lorraine and Franklin McMahons protect Morgan Furniture, their manufacturing subsidiary in Ukraine and the largest exporter of upholstered furniture in Ukraine, against expropriatory and unfair regulatory fines and restrictions on export-import operations, which would have destroyed Morgan Furniture.
Notable Clients

Gilead Sciences, LafargeHolcim, Franklin and Lorraine McMahons, Home Group SA, Philip Morris International, US Ex-Im Bank

                   
Subpractices
  • We regularly invoke investor-state dispute resolution instruments, proceedings and negotiations between foreign investors and host states and their governments under applicable bilateral investment treaties, normally pursued in parallel to domestic proceedings, to prevent, settle amicably or otherwise resolve high-value disputes in cases where domestic institutions and instruments, including national courts, fail to remedy an injustice caused to foreign investors by arbitrary, unfair or discriminatory governmental actions, including a direct or indirect expropriation of investments by host states.
  • We combine our broad experience and local expertise to help our Clients find efficient solutions for a wide range of regulatory issues and protect their long-term interests.
  • We often represent companies in litigation involving registration of their products and services, export-import and foreign exchange restrictions.
News
17 Nov, 2021

Oleh Marchenko, Anastasiia Kotliarchuk and Nick Yurlov prepared an article for The European Arbitration Review 2022, dedicated to the topic “Why Ukraine Prevailed in Most …

2 Apr, 2021

Nick Yurlov and Dmytro Soldatenko prepared an article for European Pravda, dedicated to the topic "Defeat, but not Catastrophe for Ukraine: Why Russia Won the …

24 Mar, 2021

Marchenko Partners is pleased to welcome Nick Yurlov as a Counsel in Disputes. Nick will reinforce our international dispute resolution practice with his public international …

22 Mar, 2021

Volodymyr Nakonechnyi, Senior Associate in the Dispute Resolution Practice, prepared an article for Yurydychna Gazeta, dedicated to the topic "Supreme Court: Violation of Tax Audit …

25 Feb, 2021

It has become a well-established tradition for Marchenko Partners to support the Ukrainian National Rounds of the Philip C. Jessup International Law Moot Court Competition. Jessup …

29 Dec, 2020

Volodymyr Nakonechnyi, Senior Associate in Dispute Resolution, prepared an article «Chess for Investors: the Most High-Profile Disputes against Ukraine in 2020» for Mind.UA news portal. Read the …

4 Dec, 2020

MARCHENKO PARTNERS helps Clients resolve their most vital disputes, often involving high-stake public policy issues, at the crossing of public international law and national laws.  …

27 Oct, 2020

On October 22, 2020, Marchenko Partners, jointly with the Business Ombudsman Council, organized a webinar devoted to an important issue for Ukraine: “When Court Decisions …

6 Oct, 2020

Volodymyr Nakonechnyi, Senior Associate in the Dispute Resolution Practice, prepared an article for Yurydychna Gazeta, dedicated to the topic "Application of Proportionality Principle in Tax …

15 Jun, 2020

Volodymyr Nakonechnyi, Senior Associate in the Dispute Resolution Practice, prepared an article for Ekonomichna Pravda news portal, dedicated to the topic "Concessions and Arbitration: Several …

7 May, 2019

On March 22, 2019, the State Fiscal Service of Ukraine revoked UAH 635 Million tax claims against Philip Morris Ukraine Private JSC in accordance with …

17 Apr, 2020

Volodymyr Nakonechnyi, Senior Associate in the Dispute Resolution Practice at Marchenko Partners, prepared an article for NV Business web portal, dedicated to the topic "How …

9 Dec, 2019

Oleh Marchenko, Partner and Head of Dispute Resolution, and Anastasiia Kotliarchuk, Associate of the same practice, have prepared an article for Client Choice-2019 by Yurydychnna …

8 Aug, 2019

Verkhovna Rada may restrict patent protection for derivative medicines in violation of the international obligations of Ukraine. Read more in the article of Oleh Marchenko and …

21 May, 2019

Volodymyr Nakonechnyi, Associate in the Dispute Resolution Practice at Marchenko Partners, discusses in his article for Yurydychna Gazeta how foreign investors can benefit from their …

3 Dec, 2018

The illegal annexation of Crimea by the Russian Federation in April 2014, followed by the armed conflict in Donbas that has been financed, supported and …

Recognition

The Legal 500 EMEA 2021 recommends
Marchenko Partners in Dispute Resolution

The Legal 500 EMEA 2021
recommends Oleh Marchenko
as a Leading Individual in Dispute Resolution

Liga Zakon Awards 2020
recognized Oleh Marchenko as the
Best Arbitration Practitioner, and
our Dispute Resolution team as the
Best Practice in Arbitration

Best Lawyers 2021 recommends Oleh Marchenko
in Arbitration and Mediation, and Litigation

The Legal 500 EMEA 2020 recommends
Marchenko Partners in Dispute Resolution

Best Lawyers 2020 recommends Oleh Marchenko
in Arbitration and Mediation

“Ukrainian Law Firms 2019.
A Handbook for Foreign Clients”
recommends Oleh Marchenko
as a notable practitioner
in International Arbitration

The Legal 500 EMEA 2019 recommends
Oleh Marchenko in Dispute Resolution and Tax
for tax litigation and tax-related investor-state disputes

Best Lawyers 2019 recommends
Oleh Marchenko as one of the best in
Arbitration and Mediation, and Tax Law

Best Lawyers 2018 recommends Oleh Marchenko
in Arbitration and Mediation

“Ukrainian Law Firms 2020.
A Handbook for Foreign Clients”
recommends Oleh Marchenko
as a notable practitioner
in International Arbitration

Dispute Resolution

over 95%

of disputes involving our
Clients are successfully resolved

over

95%

of disputes involving our
Clients are successfully resolved