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.
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.
Gilead Sciences, LafargeHolcim, Franklin and Lorraine McMahons, Home Group SA, Philip Morris International, US Ex-Im Bank
- 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.
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
over 95%
Clients are successfully resolved
over
Clients are successfully resolved
