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Portrait of Olga Shenk

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 Shenk is a Partner 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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06/09/2017
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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04/08/2022
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...
27/07/2022
In­vest­ing and Do­ing Busi­ness in Ukraine 2022
Com­piled with the be­ne­fit of the ex­per­i­ence of part­ners at CMS Camer­on McK­enna Nabarro Olswang Ukraine, this ex­tens­ive guide cov­ers over 25 sec­tors and in­dus­tries and key im­pacts of the war on busi­ness in Ukraine.
07/2022
CMS In­ter­na­tion­al Dis­putes Di­gest - 2022 Sum­mer Edi­tion
Wel­come to the sum­mer edi­tion of the In­ter­na­tion­al Dis­putes Di­gest, a bi-an­nu­al pub­lic­a­tion that high­lights, ex­plores and ana­lyses the latest trends in the glob­al dis­pute-res­ol­u­tion sec­tor.Al­though the...
21/07/2022
Ukraine rat­i­fies Hag­ue Judge­ments Con­ven­tion
On 15 Ju­ly 2022, the Pres­id­ent of Ukraine signed the re­cently ad­op­ted law on rat­i­fy­ing the Con­ven­tion on the Re­cog­ni­tion and En­force­ment of For­eign Judg­ments in Civil and Com­mer­cial Mat­ters, which provides...
19/07/2022
Ukraine’s Con­sti­tu­tion­al Court rules as­set for­feit­ure to be law­ful
On 30 June 2022, the Con­sti­tu­tion­al Court of Ukraine con­sidered a con­sti­tu­tion­al sub­mis­sion of 47 Ukraine’s MPs re­gard­ing a spe­cial as­set for­feit­ure mech­an­ism provided in the Crim­in­al Code of Ukraine...
01/06/2022
Ukraine im­ple­ments anti-raid­er meas­ures
On 12 May 2022, the Ukrain­i­an par­lia­ment ad­op­ted the Law of Ukraine “On Amend­ing Cer­tain Laws of Ukraine on Im­prov­ing the Mech­an­ism of Coun­ter­act­ing Raids” (the “Law”), in­tro­du­cing new re­quire­ments...
19/05/2022
War dam­age in Ukraine: all you need to know to ob­tain com­pens­a­tion
Ac­cord­ing to a re­port on 2 May 2022 pre­pared by the Pres­id­ent’s Of­fice, the gov­ern­ment and the Ky­iv School of Eco­nom­ics In­sti­tute, Ukraine had already suffered losses of USD 600bn due to the war. In...
13/05/2022
Ukraine to amend le­gis­la­tion to en­sure func­tion­ing of ju­di­ciary dur­ing...
Two draft laws have been re­gistered in the Ukrain­i­an par­lia­ment to en­sure the prop­er func­tion­ing of the ju­di­ciary dur­ing mar­tial law or state of emer­gency in Ukraine: Draft Law “On Amend­ing the...
27/04/2022
Ukraine al­lows the na­tion­al­isa­tion of as­sets of sanc­tioned per­sons
On 22 April 2022, the Ukrain­i­an par­lia­ment ad­op­ted the Law of Ukraine No. 7194, which es­tab­lishes the leg­al frame­work for na­tion­al­ising as­sets of sanc­tioned per­sons with­in the peri­od of mar­tial law. The...
13/04/2022
CMS pro­motes Olga Shenk to part­ner in Ukraine
CMS Camer­on McK­enna Nabarro Olswang Ukraine is pleased to an­nounce the pro­mo­tion of Olga Shenk as a part­ner in the firm’s Dis­pute Res­ol­u­tion and Com­pli­ance team in Ukraine. In her new role, Olga will...
13/04/2022
Sanc­tions and the leg­al im­plic­a­tions for do­ing busi­ness with Rus­sia: on­line...
The EU, UK and many oth­er coun­tries have pro­gress­ively ad­op­ted and ex­pan­ded a num­ber of sanc­tions against Rus­si­an com­pan­ies and in­di­vidu­als fol­low­ing the war with Ukraine. Our CMS ex­perts are closely...
06/04/2022
Com­pens­a­tion for War Dam­age: El­ev­en Es­sen­tial Steps
CMS ana­lyses the el­ev­en es­sen­tial steps to pro­tect your busi­ness and as­sets dam­aged by the war in Ukraine. Take ac­tion now to en­sure that Rus­sia com­pensates you for any dam­age from its re­sources and as­sets...