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KONSTIANTYN LIKARCHUK

Senior Partner

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Kostiantyn Likarchuk is a Senior Partner of AVELLUM and Head of International Arbitration practice. He focuses on international arbitration, complex cross-border litigation proceedings, assets tracing and recovery, corporate investigations, and international aspects of white-collar crime. Kostiantyn has significant experience advising clients on various antitrust matters.

Kostiantyn represents clients in Ukrainian civil, commercial and administrative courts of all instances and acts as counsel before arbitral tribunals in major arbitration forums. He advises, along with leading global dispute resolution practices, on all aspects of litigation strategies, including on numerous cases involving major common law jurisdictions. He acts for international and Ukrainian businesses and investors in their international arbitration and cross-border litigation matters. Kostiantyn also regularly acts as expert on Ukrainian law before foreign courts, including English courts and arbitral tribunals.

Before rejoining AVELLUM in January 2021 Kostiantyn was heading Central and Eastern European and Central Asian Dispute Resolution practice in one of the leading international law firms.

Get in touch

klikarchuk@avellum.com
+380 (44) 591 33 55

Related practices

  • EDUCATION AND BAR ADMISSION

      Master of Laws degree (with honours), 2000, the Institute of International Relations of Taras Shevchenko Kyiv National University, Ukraine

      LL.M. degree, 2005, Columbia Law School (NY, USA)

      Admitted to the advocate practice since 2003 (Kyiv Regional Council of Advocates)

  • RECOGNITION

      Leading lawyer in Ukraine for Dispute Resolution: International Chambers Global 2022

      Leading lawyer in Ukraine for Dispute Resolution Legal500 2022

      Included in CIS Arbitration Powerlist Legal500 2020

      Highly regarded practitioner for resolution of international tax disputes in Ukraine Tax Controversy Leaders Guide 2020

      Recommended lawyer for Cross-border Litigation and International Arbitration in Ukraine Ukrainian Law Firms 2021, Yuridicheskaya Praktika

      One of the best lawyers in Ukraine for Litigation, Arbitration and Mediation Best Lawyers 2022

  • RECENT EXPERIENCE

      Сonducted a risk-based analysis of the client’s business model in terms of compliance with the newly-introduced regulatory framework and criminal liability risks in Ukraine

      Successfully defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration, being a part of a multi-hundred million US Dollars shareholders dispute with parallel litigation proceedings in 6 jurisdictions

      Successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky”, a member of British American Tobacco Group, in the dispute against the AMC regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition

      Successfully advised majority shareholders in a complicated dispute regarding the ownership of a major Ukrainian manufacturer of alcoholic beverages

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

      Successfully represented a shareholder of one of the largest Ukrainian agri-groups in a high-value London-seated ICC arbitration

      Acted for British American Tobacco in a complex and high profile litigation in connection with challenging EUR 245 million fine imposed by the AMC on the Ukrainian subsidiaries of four leading international tobacco producers (British American Tobacco, Philip Morris, JTI and Imperial Tobacco) and their distributor in Ukraine, Tedis Ukraine, for alleged anti-competitive concerted practices

      Represented the client in a large multijurisdictional shareholders’ dispute involving LCIA proceedings, court proceedings in Cyprus, Liechtenstein, Switzerland, Belize, asset tracing and fraud investigations in connection with the fraudulent misappropriation of assets by former business partner of the client

      Acted for one of the leading Austrian banks as expert on Ukrainian law in a hard-fought EUR20 million VIAC arbitration

      Acted for a high net worth Ukrainian individual in a hard-fought and complex proceedings in Jersey with regard to the enforcement of the ICC arbitration award

Related materials

News

AVELLUM ADVISES WORLD’S LEADING ONLINE GAMING AND BETTING COMPANY IN CONNECTION WITH CRIMINAL INVESTIGATION BY UKRAINIAN LAW ENFORCEMENT AUTHORITIES

AVELLUM conducted a risk-based analysis of the client’s business model in terms of compliance with the newly-introduced regulatory framework and criminal liability risks in Ukraine. The central issue was a criminal investigation into illegal gambling allegations targeting a number of international online gambling companies.

Posted on September 12, 2022

News

AVELLUM DEFEATS USD20 MILLION CLAIM IN AN “EXCEPTIONALLY HARD-FOUGHT” LCIA ARBITRATION

AVELLUM defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration. In a detailed Award issued in June 2021, the LCIA Tribunal dismissed claims against the client of AVELLUM, finding fraud and dishonesty on the claimant’s side.

Posted on September 12, 2022
AVELLUM defeated a USD20 million claim in an “exceptionally hard-fought” LCIA arbitration. In a detailed Award issued in June 2021, the LCIA Tribunal dismissed claims against the client of AVELLUM, finding fraud and dishonesty on the claimant’s side. The arbitration is part of a multi-hundred million US Dollars shareholders dispute with parallel litigation proceedings in 6 jurisdictions. At the final virtual hearing, AVELLUM cross-examined over two dozens of the claimant’s witnesses of fact, whilst the hearing bundles included thousands of documents dating back to late 1990s. Kostiantyn Likarchuk, a senior partner, commented: “The Tribunal characterised this arbitration as exceptionally hard-fought with the most serious accusations advanced on both sides. We are pleased to have prevailed in this complicated legal battle, which covered almost all conceivable arbitration-specific topics, including the bifurcation of proceedings, security for costs, disclosure from third parties, forensic examination and claims of legal professional privilege pertaining to evidence, as well as various matters as regards the Tribunal’s jurisdiction. This case is exemplary of justice ultimately prevailing if being fought for with determination.” AVELLUM team in this arbitration was led by senior partner Kostiantyn Likarchuk with significant support from counsel Mykyta Nota, senior associates Mariana Antonovych and Oleksii Maslov, and associate Anna Vlasenko.

News

AVELLUM SUCCESSFULLY DEFENDED INTERESTS OF BRITISH AMERICAN TOBACCO IN APPEAL PROCEEDINGS AGAINST AMC

The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT.

Posted on September 12, 2022
AVELLUM successfully defended the interests of “A/T Tobacco Company “B.A.T. - Pryluсky” (“BAT”), a member of British American Tobacco Group, in the dispute against the Antimonopoly Committee of Ukraine (“AMC”) regarding the challenge of its decision imposing UAH448 million fine for alleged violation of the legislation on protection of economic competition in the form of anti-competitive concerted actions, which relate to restriction of access of undertakings (buyers) to the market of primary sale of cigarettes by manufacturers. The Northern Commercial Court of Appeal fully upheld BAT’s appeal against the decision of the First Instance Court revoking the decision of the AMC in part concerning BAT. The decision of the Northern Commercial Court of Appeal came into force. AVELLUM team successfully implemented a thoroughly designed defence strategy to protect BAT’s interests, which allowed to avoid the need for premature payment of fines before the court resolves the dispute and the necessity to return wrongly paid fines from the state budget in the future. “Such decisions, which are based on a thorough analysis of the circumstances of the case and the rule of law, are the key to the stable functioning of the rule of law institutions in Ukraine and can compose a positive signal to business while assessing Ukraine as a potential investment hub,” – as mentioned by BAT. Kostiantyn Likarchuk, senior partner, noted: “This case is important for the whole industry. We are proud that our clients entrust us with the most complex and significant cases, which we successfully deal with, justifying responsibility and trust placed on us.” British American Tobacco is a leading multi-category company operating in the consumer goods segment. Founded in 1902, the company now employs more than 53,000 people worldwide. The company is running its business in more than 180 markets and has factories in more than 40 countries. In Ukraine, it owns PJSC “A/T Tobacco Company “B.A.T. - Pryluсky”, founded in 1993 based on Prylucky Tobacco Factory. AVELLUM team was led by counsel Mykyta Nota with significant support from counsels Lyudmyla Volkova and Andriy Fortunenko, and associates Valeriia Lepska and Andrii Kuleba under the general supervision of senior partner, Kostiantyn Likarchuk.

Partner

MYKYTA NOTA

Mykyta Nota is a Partner and the Head of Competition practice at AVELLUM. Mykyta focuses on competition & antitrust, arbitration, and cross-border litigation.

Senior Partner

GLIB BONDAR

Glib Bondar is a Senior Partner of AVELLUM and the Head of Finance and Energy practices with focuses on financings and capital markets.

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