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CMS

6TH FLOOR, 38 VOLODYMYRSKA ST, 01030 KYIV, UKRAINE
Tel:
Work +380 44 391 33 77
Fax:
Fax +380 44 391 33 88
Web:
www.cmslegal.com
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more

Olexander Martinenko

Tel:
Work +38044 391 3377
Email:
CMS

Work Department

Competition/Antitrust, Commercial/Coprporate, Tax, Intellectual Property, Labour, Technology Media & Communications, Energy & Projects

Position

Senior Partner, Head of Commercial, Regulatory and Dispute Resolution, CMS Cameron McKenna (Kyiv)

Career

Olexander Martinenko is Senior Partner of, and Head of the Commercial, Regulatory and Disputes Practice Group at CMS Cameron McKenna, Kyiv.

His experience includes advising multi-national and local companies, institutions and organisations on their business activities in Ukraine for almost three decades. Olexander is a highly acclaimed and recommended expert in competition, corporate and commercial law, as well as mergers and acquisitions, and a number of sector practices.

Olexander has over 25 years’ experience in representing clients in the Ukrainian systems of general and commercial courts, up to and including the level of the Supreme Court of Ukraine and over 20 years of experience representing clients in international commercial and / or investment arbitration proceedings, both within and outside Ukraine (he was involved in more than a dozen international commercial and / or investment arbitration proceedings). He is on lists of recommended arbitrators with International Arbitral Centre of the Austrian Federal Economic Chamber, Singapore International Arbitration Centre, Hong Kong International Arbitration Centre and South China International Economic, Trade Arbitration Commission/Shenzhen Court of International Arbitration, Kuala Lumpur Regional Centre for Arbitration, and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.

Olexander 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.

As a top-ranked competition professional, Olexander acted for many large companies needing advice on how to deal with domestic and cross-border competition law matters in Ukraine including merger control, concerted actions, misuse of dominant position, unfair competition and state support ones. Additionally, being an active member of the Public Council of the Anti-Monopoly Committee of Ukraine (as a delegate of the American Chamber of Commerce in Ukraine) he regularly takes part in various projects aimed at improving the national competition legislation.

Olexander was recognised as a leading lawyer for Corporate/M&A and Antitrust/Competition by Chambers Europe 2008-2016, as well as recommended in Dispute Resolution by The Legal 500, 2013-2016.

Languages

Ukrainian, English, Russian, French

Education

1996 - Law, Intellectual Property Law, Kyiv Institute of Industrial Property, Kyiv

1994 - LLM, Harvard University, USA


Ukraine

Commercial, corporate and M&A

Within: Commercial, corporate and M&A

Graham Conlon at CMS advised MV Cargo on a $100m joint venture with Cargill to develop a new grain terminal. Olexander Martinenko, Maria Orlyk and senior associate Tetyana Dovgan are also noted.

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Dispute resolution

Within: Leading individuals

Olexander Martinenko - CMS

Within: Dispute resolution

CMS represented JKX Oil & Gas, as local counsel, in arbitration under the Energy Charter Treaty. Senior partner Olexander Martinenko and Maria Orlyk are recommended. Sergiy Gryshko and Olga Vorozhbyt moved to Redcliffe Partners and DLA Piper Ukraine LLC, respectively.

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Energy

Within: Energy

Vitaliy Radchenko and Olexander Martinenko at CMS are recommended for energy projects and litigation. The former led JKX Oil & Gas in international arbitration proceedings and litigation brought against Ukraine under the Energy Charter Treaty concerning gas market restrictions and punitive taxation measures.

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Intellectual property

Within: Intellectual property

Highlights for CMS included defending mBank in a trade mark dispute with Bank Mykhailivsky. Litigators Olexander Martinenko and Maria Orlyk lead the team

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Tax

Within: Tax

At CMS, Anna Pogrebna is ‘a highly valued adviser’ and Olexander Martinenko is also recommended. Clients include the EBRD.

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Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in Ukraine

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