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Olga Shenk

Counsel

Kyiv (Volodymyrska Street)
6th Floor, 38 Volodymyrska Street
Kyiv
Ukraine
Languages Ukrainian, Russian, English, French

Olga Shenk is a Counsel in the Commercial, Regulatory and Disputes practice group  in Kyiv office of CMS Cameron McKenna Nabarro Olswang. Olga’s expertise includes representation of local and international clients in the areas of dispute resolution and litigation, investment and international commercial arbitration, bankruptcy, criminal proceedings and compliance.

Olga has more than 10 years of 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 litigations. Olga also advises clients across a wide variety of sectors, including IT, agribusiness, pharmaceuticals, insurance, energy and banking.

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

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Relevant experience

  • Acted as a Ukrainian law expert 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 collection of unpaid instalments under the SPA regarding the shares of Ukraine's largest telecom company
  • Represented a foreign governmental agency in preparation of expert witness opinion on Ukrainian law matters on recognition and enforcement of UK court judgements in Ukraine to be served to the High Court of Justice, Queen’s Bench Division
  • Acted as a Ukrainian law expert for the foreign governmental agency in a UNCITRAL arbitration against Ukraine in accordance with Article 9(2) of the Agreement Between the Government of the Russian Federation and the Cabinet of Ministers of Ukraine on the Encouragement and Mutual Protection of Investments of 27 November 1998 (value - $300 million)
  • Acted as Ukrainian law expert for the major foreign investor (a major industrial group) in the ICSID case against Ukraine related to the unlawful expropriation of the investor’s asset (aluminium smelter factory) in Ukraine (value - $71 million)
  • Acted as Ukrainian law expert for City-State N.V. in the ICSID case of City-State N.V., Praktyka Asset Management Company LLC, Crystal-Invest LLC and Prodiz LLC v. Ukraine
  • Represented the Ukrainian subsidiary of the major multinational technology and consulting corporation in a dispute on termination of the service contract and collection of damages, initiated by a local trading company
  • Advising a major multinational information technology company in connection with the pre-arbitration strategy in a prospective dispute over the debt recovery and termination of a highly sophisticated contract for IT services
  • Represented 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, aiming at blocking the operative management of the Ukrainian subsidiary by the attempts to challenge the corporate decisions and to dismiss its general director
  • Advised a multinational agrochemical and agricultural biotechnology, Fortune 500 corporation, in dispute resolution and compliance matters
  • Represented a Ukrainian subsidiary of a world-wide FMCG producer in two tax disputes against the Ukrainian tax authorities in relation to liquidation of the Ukrainian subsidiary (the disputes dealt with losses from previous periods accrued before the Tax Code of Ukraine became effective)
  • Representing a multinational professional services network, as a Ukrainian expert witness counsel, in Cyprus court proceedings initiated by Ukrainian bank, with the claims in damages of USD 3 billion over the alleged malpractice, while conducting annual statutory audits of the bank prior to the latter’s nationalization by Ukraine
  • Providing complex legal support to the biopharmaceutical solutions organization in connection with a number of investigations by state authorities in Ukraine in relation to the client’s activities
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Education

  • 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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Memberships

  • Ukrainian Arbitration Association member
  • American Chamber of Commerce in Ukraine
  • (Member of Anti-Corruption Working Group, Compliance Club)
  • Graduated from ICC Advanced Arbitration Academy for Central and Eastern Europe
  • Admitted to the Bar in Ukraine
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06 Sep 17
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
19 Dec 17
Ukraine Rat­i­fies Treaty with OFID to Boost Its At­tract­ive­ness for...
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 The Agree­ment,...

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7 September 2016
The In­ter­na­tion­al Com­par­at­ive Leg­al Guide to In­ter­na­tion­al...
28 Oct 19
Ukraine mod­ern­ises le­gis­la­tion on whistle blowers
On 17 Oc­to­ber 2019, the Par­lia­ment of Ukraine ad­op­ted the Law No. 1010 (the “Law”), which sig­ni­fic­antly ex­pands the rules and re­quire­ments for re­ceiv­ing, pro­cessing and tak­ing ac­tion on in­form­a­tion...
07 Oct 19
Ukraine's par­lia­ment makes push to leg­al­ise private in­vest­ig­at­ive...
The Ukrain­i­an par­lia­ment is sched­uled to de­bate two draft laws seek­ing to lift private in­vest­ig­at­ors and leg­al en­tit­ies de facto car­ry­ing out in­vest­ig­at­ive activ­it­ies from the reg­u­lat­ory limbo in which...
14 Jan 19
Rus­sia in­tro­duces trade sanc­tions against Ukraine
On 29 Decem­ber 2018, the Rus­si­an gov­ern­ment im­posed im­port ban on a num­ber of goods ori­gin­at­ing in or trans­por­ted through/from Ukrain­i­an ter­rit­ory. The ban is the re­tali­ation for sanc­tions im­posed earli­er...
13 Dec 18
Ukraine ad­opts law on mari­time con­tigu­ous zone
On 6 Decem­ber 2018 the Ukrain­i­an par­lia­ment ad­op­ted Ukraine’s Con­tigu­ous Zone Law (the “Law”) that gov­erns the ex­er­cise by Ukraine of its sov­er­eign powers with re­spect to Ukraine’s mari­time con­tigu­ous...
12 Dec 18
Ukrain­i­an court rules that ag­ri­cul­tur­al lands morator­i­um is con­trary...
On 10 Oc­to­ber 2018, Don­etsk Court of Ap­peal (“Ap­pel­late Court”) rendered the de­cision where the Court re­fused to up­hold the morator­i­um on sale of ag­ri­cul­tur­al lands pre­scribed in Land Code of Ukraine...
10 Dec 18
Ukraine fur­ther im­proves rules of crim­in­al pro­ced­ure to elim­in­ate...
The Law No. 2548-VIII dated 18.09.2018 On Amend­ing Crim­in­al Pro­ced­ure Code Re­gard­ing Im­prove­ment of En­sur­ing Rights of Par­ti­cipants of Crim­in­al Pro­ceed­ings and oth­er Per­sons by Law En­force­ment Au­thor­it­ies...
05 Dec 18
Ukrain­i­an of­fi­cials strengthen bor­der entry con­trol dur­ing tem­por­ary...
Fol­low­ing the in­tro­duc­tion of mar­tial law in Ukraine (ef­fect­ive since 28 Novem­ber 2018, more de­tails here), on 30 Novem­ber 2018, the Pres­id­ent of Ukraine an­nounced in so­cial me­dia re­stric­tion on the entry...
22 Nov 18
Ukraine’s Su­preme Court pulls the plug on JKX emer­gency award en­force­ment
By res­ol­u­tion dated 19 Septem­ber 2018 (the “Res­ol­u­tion”) Ukraine’s Su­preme Court con­firmed deni­al of en­force­ment in Ukraine of the emer­gency award (the “Emer­gency Award”) rendered in ac­cord­ance...
20 Nov 18
Ukrain­i­an Court Rules that Share­hold­er Can Act as Dir­ect­or without...
On 7 June 2018 Kharkiv Dis­trict Ad­min­is­trat­ive Court (the “Court”) is­sued de­cision in case No. 820/3159/18 (the “Judge­ment”), where the Court opined that a par­ti­cipant in a lim­ited li­ab­il­ity com­pany...
19 Nov 18
Ukraine In­tro­duces Crim­in­al Li­ab­il­ity for Il­leg­al Bor­der Cross­ings
On 18 Oc­to­ber 2018, the Ukrain­i­an par­lia­ment ad­op­ted Law No. 7017 On Amend­ing Crim­in­al Code with re­gard to Li­ab­il­ity for Il­leg­al Cross­ing of State Bor­der, which makes it a crim­in­al of­fence to cross the...
26 Oct 18
Rus­sia to im­pose eco­nom­ic sanc­tions against Ukraine
Ac­cord­ing to me­dia re­ports, on 22 Oc­to­ber 2018 Vladi­mir Putin signed the De­cree on Im­pos­ing Spe­cial Eco­nom­ic Meas­ures Triggered by Un­friendly Ac­tions of Ukraine against Cit­izens and Leg­al En­tit­ies of...