Sergiy Gryshko

Sergiy Gryshko

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Bar admissions

  • Attorney-at-law, Ukraine

Achievements

  • Lexology
  • Legal 500
  • Chambers Europe and Global

Languages

  • English
  • French
  • Ukrainian
  • Russian
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Overview

Sergiy Gryshko is the Head of the Queritius Kyiv office. He has over 23 years of experience acting on behalf of clients at all stages of litigation, international arbitration, and enforcement, offering versatile advice on contentious matters.

Sergiy has handled arbitrations under a variety of international institutional and ad hoc arbitration rules, including ICACU, LCIA, LMAA, SCC, ICC, UNCITRAL, and ICSID.

He is a listed arbitrator of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC). Sergiy has sat as an arbitrator in more than 40 cases, including under the ICAC and LCIA Rules.

He was nominated by Ukraine to the roster of arbitrators formed to resolve trade disputes between the EU and Ukraine constituted pursuant to Chapter 14(1) Title IV of the EU-Ukraine Association Agreement.

Sergiy is a member of the Ukrainian Parliament Working Group on Procedural Law Reform and of the President’s Judiciary Reform Council. He is also Chair of the Ukrainian Bar Association Committee on Procedural Law.

He is also a member of the Arbitration Committee established according to the Law “On Financial Restructuring”, introduced with the help of the EBRD and the World Bank. He has a long track record in advising energy, oil and gas-sector clients in investment arbitrations involving Ukraine. Acting as an official member of the Ukrainian Government Negotiating Team, Mr Gryshko was also involved in developing and negotiating some of the core international treaties and agreements for the Government of Ukraine.

Sergiy is ranked among the Leading Individuals in Dispute Resolution by Legal 500. He is recommended for Dispute Resolution: Domestic and Dispute Resolution: International by Chambers Global and Chambers Europe. Sergiy is Recommended in the Arbitration category in Who’s Who Legal.

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Arbitration

Litigation

Publications

Education

SELECTED EXPERIENCE | INVESTMENT TREATY ARBITRATION

  • Acting for Ukraine in Green Genius International B.V. v. Ukraine (SCC case V2021/039) brought under the Energy Charter Treaty
  • Acting for Ukraine in WNISEF v. Ukraine (ICSID case No. ARB/04/2) under the Ukraine-USA BIT
  • Acting for a Canadian mining company in a USD 60 million UNICTRAL case brought under the Ukraine-Canada BIT over creeping expropriation of subsoil licenses
  • Acting for an investor City-State and ors. v. Ukraine (ICSID case No. ICSID Case No. ARB/14/9) brought under the Netherlands-Ukraine BIT
  • Acting for a group of investors in the ECT arbitration against Ukraine over an increase in subsoil rent. This mandate included obtaining the first-ever emergency award against Ukraine. The value of the dispute was USD 180 million

SELECTED EXPERIENCE | COMMERCIAL ARBITRATION (COUNSEL)

  • Acting for a Cypriot third-party funder against a group of Ukrainian high net-worth value individuals in an LCIA arbitration over the recovery of funding fees
  • Party-appointed arbitrator in a dispute between a Ukrainian and French parties over the recovery of professional services under the ICAC Rules
  • Party-appointed arbitrator in a dispute between the largest Ukrainian oil & gas company and a major American drilling contractor over the penalties for breach of the gas wells rehabilitation program under the ICAC Rules
  • Party-appointed arbitrator in a dispute between a Ukrainian and UK parties over the enforcement of a suretyship under the ICAC Rules
  • Party-appointed arbitrator in a dispute between a Ukrainian and Malaysian parties over the quality of commodities (sunflower oil) inspection services under ICAC Rules.

SELECTED EXPERIENCE | COMMERCIAL ARBITRATION (ARBITRATOR)

  • LCIA-appointed arbitrator in a dispute between a Dubai-based seller and Ukrainian buyer of electricity over the debt for the cross-border supply of electricity
  • Party appointed arbitrator a dispute between a Polish and Belarussian parties over the quality of construction design services under the IAC at BelCCI Rules
  • ICAC-appointed arbitrator in a high-profile dispute between a Ukrainian and Cypriot parties over the return of advance payments made under frustrated contract governed by English law under the ICAC Rules
  • Party-appointed arbitrator in a dispute between a Ukrainian and French parties over the recovery of professional services under the ICAC Rules
  • Party-appointed arbitrator in a dispute between the largest Ukrainian oil & gas company and a major American drilling contractor over the penalties for breach of the gas wells rehabilitation program under the ICAC Rules
  • Party-appointed arbitrator in a dispute between a Ukrainian and UK parties over the enforcement of a suretyship under the ICAC Rules
  • Party-appointed arbitrator in a dispute between a Ukrainian and Malaysian parties over the quality of commodities (sunflower oil) inspection services under ICAC Rules.
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SELECTED EXPERIENCE | ECHR LITIGATION

  • Acting for LG Electronics Ukraine in a case brought over violation of Article 6 of the ECHR and Article 1 of the First Protocol
  • Acting for PAT Donbasenergo in case brought against Russia for violation of Article 1 of the First Protocol (application No. 6703/23)
  • Acting for the applicant in the case of Ukraine-Tyumen v. Ukraine (application No. 22603/02) brought over a violation of Article 6 of the ECHR and Article 1 of the First Protocol

SELECTED EXPERIENCE | COMMERCIAL LITIGATION (Counsel)

    • Acting for Nordic Investment Bank in mutli-million insolvency proceedings in Ukraine brought against a major steel industry group
    • Representing the European Bank for Reconstruction and Development (EBRD) in a USD 80 million enforcement of a secured syndicated loan against one of Ukraine’s largest private rail operators
    • Representing Raiffeisen Bank International in cross-border enforcement of Ukrainian mortgages and pledges securing a USD 100 million loan against the Milkiland group, a major Ukrainian dairy producer
    • Acting for a major international banking group, on enforcement of several non-performing loans against a group of high net-worth value individuals. The combined value of the claims was over EUR 30 million
    • Acting for a foreign private bank and wealth management group in a lawsuit for debt enforcement in Ukraine under several loan agreements. The combined value of the claims was over USD 12 million
    • Acting for a large Austrian banking group on enforcement of several non-performing loans against a group of high net-worth value individuals. The combined value of the claims was over EUR 10 million
    • Acting for a multinational producer of concrete in a multimillion-dollar dispute regarding a hostile takeover of its production assets in Ukraine by Ukrainian raiders
    • Acting for a large international food packaging producer in a hostile takeover of its Ukrainian subsidiary by Ukrainian corporate raiders
    • Acting for Engelhart Commodities Trading Partners, a major multinational commodities trader, in a series of claims against elevators for damages caused by the misappropriation of corn. The combined value of the claims was over USD 9 million.
    • Acting for the world’s leading frozen food distributor in EUR 1.5 million proceedings in a bankruptcy initiated against a Ukrainian trading company in the commercial courts of Ukraine
    • Acting for a British manufacturer of marine equipment in a dispute regarding the arrest of its property by state authorities in Ukraine
    • Acting for a large Polish bank in a shareholder dispute concerning its Ukrainian subsidiary

    SELECTED EXPERIENCE | ADMINISTRATIVE LITIGATION (COUNSEL)

  • Acting for a subsidiary of the largest Polish bank in a dispute with the Ukrainian tax authorities regarding taxation of factoring operations in Ukraine.
  • Acting for a Ukrainian subsidiary of a major international logistic operations company in several proceedings to invalidate tax authorities’ decisions to reduce the VAT refund amounts.
  • Acting for a large oil and gas company in a successful challenge in the courts of Ukraine regarding Resolution № 647 of the Cabinet of Ministers, according to which the Government vested the largest state energy company with an exclusive right to sell gas to major industrial customers and public enterprises
  • Acting for a Ukrainian oil and gas company in a dispute with the Ministry of Economy and Trade over the allocation of natural gas import quotas
  • Acting for Donbasenergo, a major Ukrainian power producing company, in a dispute regarding its privatisation in 2013
  • Acting for Members of Parliament and NGOs in a series of administrative cases challenging the resolutions of the state energy regulator fixing wholesale off-take energy prices for thermal power generation companies
  • Acting for an international shipping company in an administrative claim on challenging blocking of its vessel in a Ukrainian seaport
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SELECTED PUBLICATIONS (in English)

  • Ukrainian Chamber of Commerce & Industry, International Commercial Arbitration Court (ICACU) and Maritime Arbitration Commission (MACU) | World Arbitration Reporter – 2018
  • Delos Dispute Resolution Guide – Ukraine | Delos Dispute Resolution – 2018
  • Expropriation | The Investment Treaty Arbitration Review. – Edition 2 – June 2017
  • Ukrainian International Arbitration Law Reform: What Fate is My Tomorrow Brewing? | Young Arbitrators Review. – Ed. 22, July 2016
  • Ukrainian Tax Disputes in 2016: Faster, Higher, Stronger | Ukrainian Law Firms. – Tax Controversy
  • Khodorkovsky v. Russia before the European Court of Human Rights: A Lost Opportunity to Do Justice or Preserving the Legitimacy of ECtHR Adjudication? | Transnational Dispute Management. – TDM, vol. 9, issue 3, April 2012
  • The Alpha Projektholding Award, Ukraine’s First Defeat in ICSID Arbitration | The Ukrainian Journal of Business Law, № 1-2, January-February 2011

SELECTED PUBLICATIONS (in Ukrainian)

  • Commentary to Articles 353 and 354 of the Civil Code of Ukraine. – Civil Code of Ukraine: Scientific and Practical Commentary (explanations, interpretations, recommendations based on the higher courts, Ministry of Justice, scholars, experts). | Vol. 5: Property and Other Rights to Goods / Prof. I.V. Spasibo-Fateyeva eds. – Kharkiv: Entrepreneur L.S. Lysiak publishers, 2011. – 624 с. – P. 227-239
  • Investment Arbitration: from Bold Ideas to Revolutionary Practice to Uncertain Future | Аlternatyvne vyrishennia sporiv: Scientific and practical law magazine / published by Pravo Ukrainy publishers. – Kyiv: Pravo Ukrainy, № 1, January 2013. – P. 43-55
  • Legal Regulation of International Arbitration in Ukraine: Plans for the Next Five Years | Yurydychna Gazeta, №33-34 (375-376), 27 August 2013
  • Ukrainian Tax Disputes in 2016: Faster, Higher, Stronger | Ukrainian Law Firms. – Yuridicheskaya Praktika publishers
  • Legal Regulation of International Arbitration in Ukraine-2: Into the ‘Roaring Twenties’| Yurydychna Gazeta, №51-52 (705-706), 24 December 2019
  • Investment Arbitration à la Ukrainienne: Principal Questions | Yurydychna Gazeta, № 9 (715), 12 May 2020

PROFESSIONAL ACTIVITIES

  • Chair of the Ukrainian Bar Association Committee on Procedural Law
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  • M., International and Comparative Dispute Resolution, Queen Mary University of London, 2007
  • Degree in law, Yaroslav the Wise National Law Academy of Ukraine, 2003
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