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Olga Shenk

Partner
CMS Cameron McKenna Nabarro Olswang

CMS Cameron McKenna Nabarro Olswang
6th Floor,
38 Volodymyrska Street,
01054 Kyiv
Ukraine
Languages Ukrainian, Russian, English, French

Olga is a Partner and Head of the Dispute Resolution and Compliance practice group at CMS Cameron McKenna Nabarro Olswang’s Kyiv office. 

She has more than 15 years’ experience in highly complex litigation and arbitration proceedings in Ukraine and abroad, including in international investment and commercial arbitrations (under ICSID, UNCITRAL, LCIA, ICC, SCC, VIAC, ICAC rules), enforcement of arbitral awards in Ukraine and abroad, and cross-border litigation. 

Olga efficiently handles all kinds of disputes, from straightforward claims to complex, high-value, challenging ones in a way that meets clients’ commercial objectives, whether that is to litigate aggressively, arbitrate, or conduct employment mediation. 

With domestic litigation, Olga has not only in-depth experience in commercial dispute resolution cases, but also specialist knowledge of sectors such as IT, agribusiness, pharmaceuticals, insurance, energy and banking.

Olga’s practice also covers tax and compliance; Olga has conducted numerous compliance investigations of alleged/reported corrupt practices and regularly delivers anti-corruption trainings for management and compliance officers of top-ranked international businesses.

Olga is a recommended lawyer in the field of International Arbitration and Litigation by Best Lawyers 2022 rankings.

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Relevant experience

  • Represented a UK-based major retail and commercial bank on a complex cross-border debt recovery under a credit facility regulated by German laws, successful recognition of multi-million debt in the bankruptcy proceedings of a major Ukrainian industrial corporation and initiating the SCC arbitration against the joint debtors in Hungary and Ukraine
  • Prepared the expert witness opinion on Ukrainian law matters (legal regulation of the natural gas market in Ukraine) in international commercial arbitration for a major Italian gas company against the largest Ukrainian energy company
  • Represented a Slovenian state-owned company, specialised in the management of state capital assets, in Ukrainian loan enforcement proceedings against two Ukrainian construction companies
  • Acted as a Ukrainian counsel for the foreign highly specialized contractor in the ICAC case against the largest gas production company in Central and Eastern Europe related to the supply of goods and services
  • Represented a commercial airline services provider in the employment litigation against the former employee due to the global staff redundancy decision triggered by the structural developments, including Covid-19 pandemic
  • Advised mining and processing plant on the implications of the Ukrainian ecological and land regulation, providing legal support in relation to the requests and demands of the Ukrainian regulatory and enforcement bodies, as well as represented the plant in the litigation on challenge of the decisions of the State Environmental Inspectorate in the Ukrainian courts
  • Represented one of the Ukrainian subsidiaries of a multinational electric utility company in a dispute with the Ukrainian tax authorities
  • Represented a large international group specialised in optimising mature oil and gas field operations in a complex litigation related to an employee’s alcohol intoxication at work
  • Representing a large international group specialised in optimising mature oil and gas field operations before the Ukrainian enforcement authorities in the criminal proceedings concerning the performance of the Ukrainian contractor
  • Advised an American multinational technology corporation on a potential dispute resolution with one of the largest state-owned banks in Ukraine regarding the repayment of debt for the provision of cloud services
  • Advised an American digital service provider on the litigation risks of terminating the lease agreement due to the ongoing war in Ukraine and representing the client before the Ukrainian landlord during the settlement negotiations
  • Acted as a Ukrainian law counsel for an international investor in the Ukrainian telecom sector, in the international commercial arbitration proceedings under the LCIA Rules in a circa $1.3 billion commercial dispute with another international group regarding the collection of unpaid installments under the SPA regarding the shares of Ukraine's largest telecom company
  • Represented a global reinsurance company in a complicated ICAC arbitration arising out of a fraudulent reinsurance claim
  • Represented a large European food provider in a dispute on the quality of supplied products before the ICAC
  • Represented a major Israeli technology company in an international commercial arbitration before the ICAC against its Ukrainian customer
  • Advised an international group of companies whose major investments are concentrated in the nitrogen, titanium and gas businesses on Ukrainian law matters in the process of preparing for a highly complex tort claim resulting from the fraudulent actions of a large Ukrainian gas station operator
  • Represented the international trader of the supply chain services, in a court dispute in the Netherlands between the client and group of steel and mining companies on charges of the latter masterminding and directing the activities of two Ukrainian companies with a view of avoiding liability under two valid international arbitral awards
  • Represented an international trader of supply chain services in a complicated network of proceedings in all instances of Ukrainian courts including bankruptcy, contracts invalidation, challenging assets dissipation
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Memberships & Roles

 

  • Ukrainian Arbitration Association member
  • American Chamber of Commerce in Ukraine (Member of Anti-Corruption Working Group, Compliance Club)
  • Admitted to the Bar in Ukraine
  • UNIC 
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Publications

2023

2022

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Education

  • 2022 -  ICA international diploma in Governance Risk and Compliance
  • 2016 – ICC Advanced Arbitration Academy for Central and Eastern Europe
  • 2006 – diploma cum laude of the specialist in law, Academy of Labour & Social Relations of Federation of Professional Unions of Ukraine, Faculty of Law
  • 2005 – diploma cum laude of the bachelor in law, Academy of Labour & Social Relations of Federation of Professional Unions of Ukraine Faculty of Law
  • 2002 – diploma cum laude of the specialist of foreign languages (English and French) of, Faculty of Foreign Languages, Lviv National University Ivan Franko, Faculty of Foreign Languages
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06/09/2017
ECHR practice – application in Ukraine
Olga Shenk, Senior Associate in our Dispute Resolution practice, application of the case-law of the European Court of Human Rights by Ukrainian commercial courts. To read the article in full, please download the PDF (article is in Ukrainian)
21/12/2015
CMS Kyiv welcomes new Senior Associate in Dispute Resolution
CMS Kyiv is pleased to announce that Olga Shenk has joined the firm as a Senior Associate effective 23 November 2015. Prior to joining CMS Kyiv, Olga was a Senior Dispute Resolution Associate in the Kyiv...
19/12/2017
Ukraine Ratifies Treaty with OFID to Boost Its Attractiveness for FDI
On 5 December 2017, the Ukrainian Parliament (Verkhovna Rada) adopted the Law that ratifies the Agreement for the Encouragement and Protection of Investment entered into between Ukraine and the OPEC Fund for International Development (the “OFID”).1 T

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24/04/2024
Anti-Bribery and Corruption Laws in Ukraine
 
15/04/2024
Green/sus­tain­ab­il­ity claims and advertising and consumer greenwashing
In the era of increased environmental awareness, the spotlight on green claims has never been more intense. As consumers are concerned about global heating and ecological sustainability, they are scrutinizing products like never before, seeking eco-friendly options that align with their values. In response, businesses have responded to this concern and consumers’ purchase interest, with brand-owners increasingly highlighting the benign or even beneficial effects their products and services have on the environment fostering a surge in green marketing initiatives. Yet, amidst this push for sustainability, the risk of being accused of greenwashing is omnipresent. As environmental characteristics of products and services are highly technical and the understanding of the various concepts involved is continuously changing, en­vir­on­ment­al/sus­tain­ab­il­ity claims raise a significant risk of confusing and misleading consumers. Many companies have fallen foul of advertising standards in this area recently. Given the high sensitivity of environmental claims and the reputational damage that can result from allegations of greenwashing, it is particularly important to make sure environmental claims are compliant. By ensuring truthful, accurate and unambiguous information is always given to the consumers, companies can avoid the risks and build a reputation for authenticity in their sustainability advertising and communications. CMS guides companies through the maze of regulations and case law and advise on the steps a company can take to ensure their advertising is not only compliant but also authentic and impactful. The priority questions we address are: Which green claims are likely to raise litigation or regulatory enforcement risks?What can businesses do to mitigate these risks?What are the likely claims/en­force­ment that could arise?Who is likely to make a claim?What are the risks in the event of a violation or a complaint? What future regulatory measures are expected and what companies have to do now to be prepared? We offer various solutions to help you be compliant and avoid accusations of greenwashing: Sustainability claim checks including regulatory risk matrix as well as litigation: evaluating the planned claims and mapping their risk as well as developing compliant marketing strategies and claims custom-tailored to your business's unique pro­file;Sus­tain­ab­il­ity-re­lated litigation: providing comprehensive support in legal disputes in the area of advertising with environmental claims;Training sessions: to empower your legal, compliance and sustainability as well as advertising teams with in-depth knowledge of sustainability risks and mitigation strategies; andBoard packs: to equip your directors/board members with actionable insights into greenwashing risks, ensuring they steer the company toward sustainable strategies with confidence and integrity.  For an initial conversation on how we can support you on greenwashing risk, please reach out to the lawyers listed on this page or to your usual CMS contact.
08/04/2024
Ukraine discontinues War and Sanctions Portal
Following a governmental discussion on 19 March 2024, the Ukrainian government announced its decision to shut down a sanc­tions-re­lated database maintained by the National Agency on Corruption Prevention...
03/04/2024
Register of Damage for Ukraine is open for claims submission
On 2 April 2024, the Register of Damage for Ukraine opened the claims submission process for compensation for damage, loss or injury caused by Russian aggression against Ukraine. The launch took place...
12/03/2024
Ukraine launches official website of the Register of Damage
On 4 March 2024, the official website of the Register of Damage for Ukraine was launched. The website sheds light on the forthcoming modes of operation of the Register of Damage and outlines the general...
09/02/2024
Ukraine launches State Register of Sanctions
On 29 January 2024, the President of Ukraine by the Decree No. 36/2024, approved the Decision of the National Security and Defence Council of Ukraine “On Approval of the Regulation on the State Register...
02/02/2024
Ukraine to apply new heritage and statute of limitations rules during martial...
On 30 January 2024, a new Law of Ukraine No. 3450-IX "On Amendments to the Civil Code of Ukraine to Improve the Procedure for Acceptance of Inheritance" came into effect, introducing significant changes...
04/12/2023
International arbitration law and rules in Ukraine
The two permanent arbitral institutions in Ukraine – the International Commercial Arbitration Court and the Maritime Arbitration Commission – fall under the auspices of the Ukrainian Chamber of Commerce...
22/11/2023
In Ukraine, foreign legal entities not obligated to register electronic...
On 4 November 2023, the Law of Ukraine No. 3424-IX "On Amendments to Certain Legislative Acts of Ukraine to Clarify the Obligations of Parties to a Court Case" came into force, which confirms that foreign...
14/08/2023
CMS Expert Guide to Digital Litigation in Ukraine
1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. The Ukrainian civil justice system has undergone a digital transformation in recent years, with the...
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27/07/2023
Ukraine establishes the State Register of Sanctions and amends procedure...
On 13 July 2023, the Ukrainian parliament passed Draft Law No. 8392, which establishes the State Register of Sanctions and amendments the judicial procedure for seizing frozen assets of the sanctioned...
20/07/2023
Ukraine pushes forward with digitalisation of judiciary, proposing requirements...
On 29 June 2023, the Ukrainian Parliament adopted Draft Law No. 7574-D "On Amendments to Certain Legislative Acts of Ukraine on Mandatory Registration and Use of Electronic Accounts in the Unified Judicial...