U.S.-Based Fortune Global 500 Company v. Ukraine

  • Dispute Resolution
Marchenko Danevych has advised U.S.-based Fortune Global 500 Company and its European and Ukrainian subsidiaries on jurisdiction, merits and strategy of investment arbitration and investor-state negotiations with Ukraine and its Government to challenge arbitrary tax claims imposed by the Fiscal Service of Ukraine in respect of inward processing operations carried out by the local subsidiary of the US-based Company and related arbitrary and unreasonable tax evasion criminal proceedings pursued by the National Police of Ukraine.

We advised the U.S.-based Company and its European and Ukrainian subsidiaries, among other matters, on:

(a)fair and equitable treatment claims under an applicable Bilateral Investment Treaty (BIT) on account of arbitrary and unreasonable tax claims imposed by the Fiscal Service of Ukraine against the local subsidiary of the U.S.-based Company;

(b)indirect expropriation claims under applicable BITs, including US-Ukraine BIT, on account of expropriation by Ukraine of certain discrete investments, comprised of valuable tax rights, of the US-based Company and its European and Ukrainian subsidiaries;

(c)investor-state negotiations with the Ministry of Justice of Ukraine and the Government of Ukraine during the cooling-off period and prospects of and instruments for an amicable settlement of the investment dispute during the cooling-off period.

We will act for the U.S.-based Company and its European and Ukrainian subsidiaries in the investor-state dispute and negotiations with Ukraine. This matter is handled by partner Oleh Marchenko and associates Nadiya Mykiyevych, Volodymyr Nakonechnyi and Mykola Yurlov. 
 
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