Picture of Olexander Martinenko

Olexander Martinenko

Senior Partner
Head of Commercial, Regulatory and Dispute Resolution, CMS Cameron McKenna Nabarro Olswang

Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
Kyiv
Ukraine
Languages Ukrainian, English, Russian, French
Corporate / M&A

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

Olexander has broad experience in advising multi-national and local companies, institutions and organisations on their compliance and business activities in Ukraine, on corporate and competition law, corporate restructuring and mergers and acquisitions. As top-ranked professional, Olexander was involved in a number of the largest privatisation deals in Ukraine within various sectors.

Olexander is a highly acclaimed and recommended expert for general commercial issues, as well as dispute resolution and litigation with over 25 years of experience.

Olexander was recognised as a leading lawyer for Corporate/M&A and Antitrust/Competition by Chambers Europe 2008-2017, and has been recommended for Dispute Resolution by Legal 500, 2013-2017.

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"He has a fantastic depth of knowledge, and is one of the most experienced lawyers in the market, and is noted for his expertise in competition law."

Chambers

"Olexander Martinenko’s team at CMS is ‘dedicated, responsive and highly effective’. He represented Italia-Ukraina Gas in a $200m cross-border arbitration."

Legal 500

Relevant experience

  • Intel Capital and International Finance Corporation on an acquisition of a stake in a joint venture with a group of Ukrainian investors, for the purpose of constructing and operating De Novo Data Processing Center, the first enterprise class Tier III data centre located in Ukraine.
  • A multinational alcoholic beverages company:
    • FCPA investigation against a local distributor, restructuring of the distributorship relations.
    • multi-jurisdictional due diligence of the client`s business in five CEE jurisdictions (Ukraine, Bulgaria, Hungary, Romania and the Czech Republic), led by Kyiv office.
  • Freescale Semiconductor on divestiture of its Ukrainian subsidiary to its Ukrainian partner Information Software Systems (ISS).
  • Nestlé S.A. on a transaction to acquire Technocom LLC (via a purchase of 100% of its Cypriot holding company), the largest producer of dehydrated culinary in Ukraine under the ‘Mivina’ brand.
  • Abris Capital on the acquisition of a supermarket chain (comprising 25 supermarkets) in western Ukraine.
  • ViaSat on procuring all necessary authorizations for purposes of it providing satellite broadband Internet connection services to passengers of aircrafts flying through the Ukrainian air space plus adjusting the applicable Ukrainian regulations to the EU standards in that respect.
  • Novartis on the regulatory and general compliance matters arising from a controversy with one of its service providers in Ukraine and on structuring its relations with local UA distributors, represented in a long-lasting controversy with one of them, as well as on public procurement and medicines registration matters.
  • Raiffeisen Informatik, one of the largest private computing center operators in Austria – on various matters in connection with the implementation of the outsourcing project for a leading Ukrainian Bank, and limited due diligence of the employment matters relating to this project.
  • A major multinational technology and consulting corporation on two IT service outsourcing projects between the client and leading Ukrainian Banks, including advice on relevant employment law and data protection issues (advice on employees transfer and secondment issues).
  • Cogniance, a leading Silicon Valley software developer/ IT services corporation on IT outsourcing and employment issues and redrafting services agreements.
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Education

  • 1996 - Intellectual Property Law, Kyiv Institute of Industrial Property, Kyiv
  • 1994 – LLM, Harvard University, Cambridge, USA
  • 1991 - PhD Law, Koretsky Institute of State & Law of the Ukrainian Academy of Sciences, Kyiv
  • 1983 - Law Specialist, National Taras Shevchenko University, Kyiv
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Publications

  • 2016 - "Litigation & Dispute Resolution 2016”, Virtual Round Table
  • 2015 - “Ukrainian Transfer Pricing Framework Worldwide need for transfer pricing”, Expert Guide
  • 2015 - Constitutional reform of the Judicial System”, White Paper
  • 2015 - “Private Alternative”, Yurydychna Praktyka
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Competition

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

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 2008-2017, and has been recommended for Dispute Resolution by Legal 500, 2013-2017.

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Relevant experience

  • Takeda Pharmaceuticals on Ukrainian merger control approval regarding the acquisition of Nycomed.
  • Bain Capital, a Boston-based private equity firm, on its acquisition of shares and assets of the world`s leading producer of sanitary items (deal value - USD 1.775 billion).
  • Freescale Semiconductor, a global leader in the design and manufacture of embedded semiconductors for the automotive, consumer, industrial and networking markets on obtaining Ukrainian merger control approval for exit of the Client from its Ukrainian joint venture - Information Software Systems (ISS).
  • Medtronic B.V. on Ukrainian competition law matters in relation to the information request received from the Antimonopoly Committee of Ukraine by one of the client's distributors in Ukraine.
  • Nestlé S.A.
    • on obtaining AMC approval for a transaction to acquire Technocom LLC (via a purchase of 100% of its Cypriot holding company). Technocom is the largest producer of dehydrated culinary in Ukraine under the Mivina brand.
    • on various competition law matters (including unfair competition, concerted actions issues, promotion campaigns for the client`s products in Ukraine).
  • MetLife on the process of obtaining of merger control and concerted actions approval for the global acquisition of ALICO and on various aspects of an acquisition in Ukraine, including due diligence.
  • PZ Cussons, a Polish producer of detergent products on the competition law aspects of a potential sale of the part of the client’s business to a global company with brands and technologies for consumer and industrial businesses.
  • Kulczyk Oil Ventures Limited (an international oil and gas exploration and development company and an arm of the largest Polish investment company - Kulczyk Investments) on obtaining merger control approval for the acquisition of an independent natural gas producer in Ukraine.
  • Electrolux (a global leader in the production of appliances for home and professional use) on obtaining merger control approval for the acquisition of a factory and other assets from a Ukrainian white goods manufacturer.
  • ENI S.p.A (a major Italian supplier of oil and gas) on obtaining merger control clearance in Ukraine for the acquisition of 50.01% interest in the LLC WestGazInvest, a Ukrainian company conducting activity of gas exploration in nine unconventional (shale) gas license areas in the Lviv Basin of Ukraine, totalling approximately 3,800 square kilometres.
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Education

  • 1996 - Law, Intellectual Property Law, Kyiv Institute of Industrial Property, Kyiv
  • 1994 - LLM, Harvard University, USA
  • 1991 - Law, Ph.D., Koretsky Institute of State & Law of the Ukrainian Academy of Sciences, Kyiv
  • 1983 - Law, Specialist, National Taras Shevchenko University, Kyiv
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Publications

  • 2016 - “Litigation & Dispute Resolution 2016”, Virtual Round Table
  • 2015 - “Ukrainian Transfer Pricing Framework Worldwide need for transfer pricing”, Expert Guide
  • 2015 - “Constitutional reform of the Judicial System”, White Paper
  • 2015 - “Private Alternative”, Yurydychna Praktyka
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Dispute Resolution

Olexander Martinenko is Senior Partner and Head of the Commercial, Regulatory and Disputes Practice Group.

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.

Olexander was recognised as a leading lawyer for Corporate/M&A and Antitrust/Competition by Chambers Europe 2008-2017, and has been recommended for Dispute Resolution by Legal 500, 2013-2017.

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Relevant experience

  • Tatneft, acting as experts on Ukrainian law issues in relation to investment arbitration against Ukraine under the Russia-Ukraine Bilateral Investment Treaty. The arbitral tribunal, constituted under 1976 UNCTIRAL Arbitration Rules, awarded USD 112m in damages following the decision that Ukraine had acted unlawfully.
  • Italia-Ukraina Gas Company, a major Italian gas company, acting as experts on Ukrainian law issues in an arbitration under the rules of the Stockholm Chamber of Commerce against Naftogaz Ukrainy, Ukraine’s leading gas concern. (value of the dispute – USD 200m).
  • Krym Petroleum Company, a subsidiary of Tiway Oil, a Norwegian oil & gas company, representing in a complex multi-party ICC arbitration brought by an international drilling contractor under an IADC Daywork Contract.
  • Representing DCH, a co-investor in a real estate development project in Ukraine, in relation to pursuing arbitration before the LCIA for non-payment, following the co-investor's withdrawal from the project due to a failure to secure a long-term senior debt facility.
  • Arjowiggins Security SAS, a world leader in the production of speciality papers, in arbitration brought by the National Bank of Ukraine against the client under the ICACU rules for payment of penalties for delayed performance of the contract. Acting for Ukrenergy Trade Zrt and Korlea Invest, Central European power trade companies, in two parallel sets of arbitration proceedings under the Vienna Arbitration Rules as experts on Ukrainian law.
  • A major multinational technology and consulting corporation, representing the Ukrainian subsidiary of the corporation in a dispute on termination of the service contract and collection of damages, initiated by a local trading company. Given the essence of services, provided by the corporation, this litigation may be a ground-breaking one, since the Ukrainian courts do not have significant experience in dealing with litigation of such technical and legal complexity. At present, the dispute is pending with the Kyiv City Commercial Court.
  • A leading international manufacturing company as a respondent in a number of corporate litigations, related to the company’s participatory interest in its Ukrainian subsidiary.
  • Heidelberg, a major cement producer, in a civil lawsuit brought by the prosecutors’ office to challenge its title to a granite quarry in the Kyiv Region.
  • Defending the head of a Ukrainian representative office of a large US IT company, in criminal tax investigations initiated by tax police as a result of a local tax inspectorate’s decision on the reassessment of the representative office's tax liabilities.
  • mBank in a trademark dispute against Bank Mykhailivsky, one of the biggest Ukrainian banks in the Higher Commercial Court of Ukraine.
  • Allianz Australia and other insurers in an insurance fraud dispute.
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Education

  • 1996 - Law, Intellectual Property Law, Kyiv Institute of Industrial Property, Kyiv
  • 1994 - LLM, Harvard University, USA
  • 1991 - Law, Ph.D., Koretsky Institute of State & Law of the Ukrainian Academy of Sciences, Kyiv
  • 1983 - Law, Specialist, National Taras Shevchenko University, Kyiv
more less

Publications

  • 2016 - “Litigation & Dispute Resolution 2016”, Virtual Round Table
  • 2015 - “Ukrainian Transfer Pricing Framework Worldwide need for transfer pricing”, Expert Guide
  • 2015 - “Constitutional reform of the Judicial System”, White Paper
  • 2015 - “Private Alternative”, Yurydychna Praktyka
more less

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CMS Camer­on McK­enna Nabarro Olswang Ukraine
2017 Cal­en­dar Year in Re­view
31/08/2018
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On 22 Au­gust 2018, the judg­ment of the European Court of Hu­man Rights (ECHR) in the case of Zelen­chuk and Tsyt­syura v. Ukraine went in­to leg­al ef­fect. In the judg­ment, the ECHR es­sen­tially ruled that Ukraine should re­vise its law re­strict­ing the sale of ag­ri­cul­tur­al.
7 December 2017
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31/08/2018
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On 22 Au­gust 2018, a law went in­to force in Ukraine ban­ning the com­puls­ory en­force­ment of judg­ments for the pay­ment of debts by stra­tegic­ally im­port­ant loc­al de­fence en­ter­prises to en­tit­ies con­nec­ted to any coun­try re­cog­nised as an oc­cupy­ing state or ag­gressor.
1 September 2017
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30/07/2018
Ukraine signs Mul­ti­lat­er­al Con­ven­tion to Pre­vent BEPS
On 23 Ju­ly 2018, act­ing Min­is­ter of Fin­ance of Ukraine Ok­sana Markarova signed the Mul­ti­lat­er­al Con­ven­tion to Im­ple­ment Tax Treaty Re­lated Meas­ures to Pre­vent Base Erosion and Profit Shift­ing (the “MLI”) on be­half of Ukraine.
03/07/2017
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19/07/2018
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On 5 Ju­ly 2018, the Ukrain­i­an par­lia­ment ad­op­ted amend­ments to the Cus­toms Code of Ukraine which in­tro­duce a “single win­dow” mech­an­ism and op­tim­ize con­trol pro­ced­ures at cus­toms (the “Amend­ments”).
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Tool­box of rem­ed­ies in pub­lic award pro­ced­ures avail­able...
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Un­der the Ukrain­i­an Pen­al Code (“UPC”) burg­lary is viewed as ap­pur­ten­ant to the un­au­thor­ised entry of premises, in­clud­ing by po­lice, ad­min­is­trat­ive per­son­nel and/or oth­er pub­lic of­ficers. The UPC also treats it as a cir­cum­stance that ex­acer­bates a per­pet­rat­or’s.
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On 7 June 2018, the Ukrain­i­an par­lia­ment ad­op­ted the Law of Ukraine on the Su­preme Anti-Cor­rup­tion Court (the “Law”), which be­came ef­fect­ive on 14 June. It is a fun­da­ment­al le­gis­lat­ive act en­abling the es­tab­lish­ment and func­tion­ing of the new Su­preme Anti-Cor­rup­tion.