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Portrait of Olga Shenk

Olga Shenk

Counsel
Disputes Resolution practice Coordinator

CMS Cameron McKenna Nabarro Olswang
6th Floor, 38 Volodymyrska Street
01054 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 representing local and international clients in dispute resolution and litigation, investment and international commercial arbitration, bankruptcy, criminal proceedings and compliance. 

Olga 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 litigations. Olga is efficiently handling 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 or otherwise, arbitrate, or employ mediation.

With domestic litigations, Olga has not only in-depth experience in commercial dispute resolution cases but also specialist knowledge of such sectors 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 2021 rankings. In the recent Legal 500 submission, one of the clients remarked Olga for being ‘brilliant at presenting our position in court, fighting for us with guts and determination.’

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Relevant experience

  • 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
  • Acted as a Ukrainian law counsel 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 counsel 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 (aluminum smelter factory) in Ukraine (value - $71 million)
  • 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
  • Representing 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
  • Advised a major multinational information technology company on a pre-arbitration strategy in a prospective dispute over the debt recovery and termination of a highly sophisticated contract for IT services
  • Represented the Ukrainian subsidiary of an American chemical manufacturing company in a variety of complex Ukrainian commercial court proceedings and procedures related to protesting and enforcing promissory notes against a Ukrainian retailer in the agricultural sector
  • Represented a leading drilling and exploration company in Ukraine in the dispute with the State Service of Geology and Subsoil of Ukraine related to the unlawful rejection of the client’s bid for two special permits for the geological exploration of oil and gas subsoil
  • Represented the Ukrainian subsidiary of 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
  • Advised a major multinational information technology company on a 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 several 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 global animal health company in a dispute with another pharma company arising out of an underpayment for supplied goods
  • Advised a global manufacturer and supplier of blast cleaning abrasives in a dispute that arose out of the cross-border delivery of nonconforming coal slag by a Ukrainian trader
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Memberships & Roles

  • 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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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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06 September 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 December 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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30 April 2021
Ukraine Reg­u­lates Debt Col­lec­tion
To pro­tect con­sumers and re­strict ac­cess of bad faith com­pan­ies to the Ukrain­i­an mar­ket, the Ukrain­i­an gov­ern­ment en­acted the Debt Col­lect­ors Law on 14 April 2021,  which reg­u­lates the leg­al status of...
02 April 2021
The law cre­at­ing Bur­eau of Eco­nom­ic Se­cur­ity entered in­to force
On 22 March 2021, the Pres­id­ent of Ukraine signed Law No. 1150-ІХ “On the Bur­eau of Eco­nom­ic Se­cur­ity” (the “Law”) fol­low­ing its pas­sage through par­lia­ment in Janu­ary. The Law es­tab­lishes the...
22 March 2021
CMS made it to the Ar­bit­ra­tion Power­l­ist 2021 of Leg­al500
The Ar­bit­ra­tion Power­l­ist: Cent­ral and East­ern Europe show­cases the lead­ing prac­ti­tion­ers work­ing in a broad sweep of coun­tries, stretch­ing from Aus­tria and Po­land to the Balt­ic Na­tions and down to Ser­bia...
26 January 2021
Class ac­tions in Ukraine
See the Over­view of the Rep­res­ent­at­ive Ac­tions Dir­ect­ive >> 1. Do you have a spe­cif­ic pro­ced­ure or pro­ced­ures for bring­ing “opt-in” class ac­tions?  If so, please out­line such pro­ced­ure(s) and...
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04 December 2020
Pay­ment of uni­fied so­cial con­tri­bu­tion by em­ployed ad­voc­ates: Su­preme Court’s...
In a 5 Novem­ber rul­ing on the uni­fied so­cial con­tri­bu­tion by ad­voc­ates, the Ukrain­i­an Su­preme Court found that double pay­ment of the con­tri­bu­tion by em­ploy­ers and in­di­vidu­al ad­voc­ates (who are both em­ployed...
13 November 2020
Ukrain­i­an anti-cor­rup­tion strategy for 2020-2024 passed on first read­ing
On 5 Novem­ber 2020, the Ukrain­i­an par­lia­ment passed Draft Law No. 4135 “On the fun­da­ment­als of the state anti-cor­rup­tion policy for 2020-2024” after the first read­ing, which presents a new anti-cor­rup­tion...
26 October 2020
Ukraine tem­por­ar­ily amends bank­ruptcy pro­ced­ures in re­sponse to COV­ID-19
On 17 Oc­to­ber 2020, Ukraine en­acted changes to the Code on Bank­ruptcy Pro­ced­ures in or­der to pro­tect busi­nesses from the neg­at­ive fin­an­cial im­pact of COV­ID-19. These changes provide busi­nesses with ad­di­tion­al...
24 July 2020
The Ukrain­i­an Par­lia­ment passed a brand-new Me­di­ation Law on the first...
On 15 Ju­ly 2020, the Ukrain­i­an Par­lia­ment passed on the first read­ing Draft Law No. 3504 “On Me­di­ation” (the “Draft Law”), which in­tro­duces a new dis­pute set­tle­ment mech­an­ism (me­di­ation) at the...
23 July 2020
Ukrain­i­an bond­hold­ers wel­come new pro­ced­ur­al and ADR rules
On 19 June 2020, the Ukrain­i­an par­lia­ment passed Draft Law No.2284 “On Amend­ing Cer­tain Le­gis­lat­ive Acts of Ukraine in re­la­tion to In­vest­ment At­trac­tion and In­tro­du­cing of New Fin­an­cial In­stru­ments”...
30 June 2020
Ukraine's Par­lia­ment changes the course of the pro­ced­ur­al peri­ods dur­ing...
On 18 June 2020, the Ukrain­i­an Par­lia­ment passed a law (the “Law”) that can­cels the auto­mat­ic ex­ten­sion of the pro­ced­ur­al peri­ods and makes it pos­sible for courts to ex­tend or re­new such dead­lines...
02 June 2020
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...
27 May 2020
Law and reg­u­la­tion of con­sequen­tial dam­ages clauses in the en­ergy sec­tor...
1. Do the words “con­sequen­tial loss” have a giv­en mean­ing in law? No, the words “con­sequen­tial loss” have no giv­en mean­ing in Ukrain­i­an le­gis­la­tion.Un­der Art­icle 22 of the Ukrain­i­an Civil Code...