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24 February 2021

Sayenko Kharenko has successfully defended the interests of MHP

The international arbitration team of Sayenko Kharenko has successfully represented the leading Ukrainian agricultural holding PJSC “MHP” (“MHP”), the claimant in the case at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (“ICAC”), as well as at local Ukrainian courts in connection with the unsuccessful attempt of the respondent to set aside the arbitral award of the ICAC.

MHP filed a lawsuit with the ICAC claiming termination of a multimillion-dollar supply contract with a Saudi Arabian company. Despite the seemingly simple subject matter, the respondent’s active defence required significant efforts and high level of professionalism from the legal team of MHP. Close cooperation between Sayenko Kharenko and MHP lawyers and their joint actions ensured an arbitral award granting the claims of MHP in full.

The respondent subsequently requested the Kyiv Court of Appeal to set aside the arbitral award rendered in favour of MHP. However, the respondent’s attempt to challenge the lawful arbitral award of the ICAC failed due to considerable experience of Sayenko Kharenko lawyers in similar cases. The conclusions of the Kyiv Court of Appeal that the respondent’s application was groundlessness were further upheld by the Supreme Court.

For MHP, the victory in this case was extremely important. Not only the rights of the company have been defended, but also the high business reputation of MHP both in Ukraine and abroad has been reconfirmed.

Partner Olexander Droug, the head of Sayenko Kharenko arbitration practice, noted: “The unique nature of this case is that we managed to win thanks to the joint work of our team and the direct participation of MHP lawyers. The legal remedy chosen by the client to defend their rights (declaring the contract as terminated) is not very typical for Ukrainian practice. However, this does not mean that this remedy cannot be effective, as this case has confirmed”.

“MHP is grateful to Sayenko Kharenko team of lawyers for their high-quality support of the case. Cooperation of MHP with Sayenko Kharenko has once again confirmed that they are one of the best experts on Ukrainian legal market”, Roman Krytskyi commented.

On behalf of MHP, its head of litigation Roman Krytskyi and the attorney of the litigation practice Oksana Shepil, led by the legal department director Yurii Hvozdiev, accompanied the project.

Counsel Volodymyr Yaremko, senior associate Andriy Stetsenko and associate Alina Danyleiko worked on the project under the general supervision of partner Olexander Droug.

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