Arbitration, Litigation, Enforcement & ECHR proceedings
As lead international counsel we successfully represented Carlton Trading Ukraine LLC and Carlton Trading Ltd. in two arbitration proceedings at the Arbitration Institute of the Stockholm Chamber of Commerce that were commenced by our Clients under the Agreement on Conducting Joint Investment Activity with the Participation of a Foreign Investor. The Arbitration Institute estimated the value of claim at more than USD 14,000,000.00. Both proceedings resulted in arbitral awards rendered in favor of our Clients.
The case was made more complex by the parallel proceedings in Ukrainian courts initiated by the defendant in breach of the arbitration agreement. Due to the severe violations of the due process during the court proceedings in Ukraine, we also filed a claim with the European Court of Human Rights.
Notwithstanding the constant obstructions created by the defendant, we have successfully recognized the arbitral award and are currently acting as a legal counsel of Carlton Trading Ukraine LLC and Carlton Trading Ltd. during its enforcement.
Tax litigation
Oleksandr Peremezhko & Partners led the advice to B&H, Ukrainian film distribution company, in a tax dispute with the approximate value of USD 3,000,000.00, and in the course of criminal proceedings succeeded at proving that fiscal authorities had breached the law and tampered with the data at hand. As a result, we were able to establish that the fiscal authorities conclusions were not based on the facts of the case and, subsequently, won the case before the administrative courts of Ukraine.
Due to the failure of the tax authorities to refund the overpaid VAT in accordance with the court decision, the firm continues to lead the respective case in the administrative court.
Alongside the above-mentioned proceedings, our team represents the interests of the client in the criminal proceedings commenced against the officials of the state tax inspection for exceeding their official authority, which led to such unlawful taxation of our client.
IP litigation
Trip Advisor LLC v. State Intellectual Property Service of Ukraine and private individual:
successfully defended the interests of TRIP ADVISOR LLC in the case concerning the rights to the trademark TRIPADVISOR. Thanks to our team’s efforts the dispute was settled amicably by signing the settlement agreement.
Melvo GmbH v. State Intellectual Property Service and private individuals:
successfully defended the interests of Melvo GmbH in a case concerning the rights to the trademark SALAMANDER.
?esco Stores Ltd v. State Intellectual Property Service of Ukraine and Sela Ukraine LLC:
successfully defended the interests of ?esco Stores Ltd in a case concerning the rights to the trademark F&F.
ASOS PLC v. State Intellectual Property Service of Ukraine and Anson’s Herrenhaus KG:
successfully defended the interests of ASOS PLC in a case concerning early termination of the ANSON’S trademark belonging to another international company.
Wolverine Outdoors, Inc. v. State Intellectual Property Service of Ukraine and private individual:
successfully defended the interests of Wolverine Outdoors, Inc. in a case concerning early termination of the MERREL M trademark owned by a Ukrainian national.