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Andrii Kubko
Partner
Phone: +380 (44) 591-31-06

Admitted to the Ukrainian Bar. Mr Kubko has been practising law since 2005. 

Education: Law School of the Kiev Taras Shevchenko National University, a degree in law with distinction (2005). 

Main areas of practice civil law, contract law, international commercial arbitration, protection of investments, cross-border operations, intellectual property, labour and employment law.  

Professional experience: 

Litigation 

Participation in commercial arbitration proceedings before international arbitration centres in Vienna, London, and Kiev. Specifically, preparing procedural documents, statements of claim, objections, replies, submissions; participating in oral hearings, examining witnesses and experts; preparing legal opinions on matters of Ukrainian law for foreign arbitration courts. 

Participating in proceedings in the matters of investment disputes involving the state of Ukraine before the Arbitration Institute of the Stockholm Chamber of Commerce. Participating in preparing to and examination of case before the European Court of Human Rights in the interests of Ukrainian and foreign companies and individuals.  Specifically, preparing applications to the European Court, further submissions un the interests of applicants.  Drafting statements of claim in the interests of foreign investors in connection with the  violation by the State of Ukraine of the obligation under bilateral investment treaties.  

Acting for foreign businesses in the proceedings before Ukrainian courts in the matters of protection of intellectual ptoperty. Acting for foreign companies in the proceedings before Ukrainian courts arising out of consumer protection law and labour disputes. Drafting statements of claims, submissions, acting for companies during forensic examination in intellectual property matters, pleading cases in court. Drafting memorandums in reply and written submissions in proceedings in the matters under consumer protection law, labour disputes, preparing settlement agreements between businesses and consumers. 

Legal advice 

Providing advice to domestic and international companies on the matters of contract law, corporate governance, labour and employment law, trade unions, private international law, cross-border operations, foreign investment, intellectual property, real estate, and telecommunication law.  Preparing due diligence reports in the above matters. Providing advice on the formation and activity of entities providing financial services. 

Contract formation 

Providing legal advice during the formation of cross-border contracts, loan agreements involving foreign organisations, SPA concerning shares issued by Ukrainian companies; real estate contracts, agreements between Ukrainian stat—owned enterprises and foreign contractors. Drafting contracts and agreements and providing advice on the form, registration requirements and performance of the agreements both in Ukraine and abroad. 

Providing advice on the application of the mandatory provisions of Ukrainian law in contracts between foreign entities concerning sale and purchase of property located in the territory of Ukraine, and employment contracts made by foreign entities.  

Providing legal advice and assistance during the formation, performance, and termination of employment contracts involving foreign employers in Ukraine. Preparing documents during the formation and termination of commercial agreements, real estate contracts made between domestic and international businesses. 

Providing legal support to the formation and performance of contracts and agreements between private contractors and government agencies and departments. 

Enforcement of judgments 

Acting for foreign companies in the enforcement of judgments of the European Court of Human Rights in Ukraine; preparing documents to be filed with Ukrainian government departments during the enforcement of judgments of the European Court in Ukraine. 

Providing advice on the matters of enforcement of foreign arbitration awards in Ukraine and awards made by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in foreign jurisdictions. Providing advice on the procedure for the enforcement of foreign court judgments in Ukraine. 

Acting for clients before government departments and agencies 

Drafting applications to government departments in the interests of foreign businesses. Drafting replies to claims filed by consumers against foreign companies; preparing replies to official requests made by controlling bodies, consumer protection authorities, antimonopoly agencies, and tax authorities.  Providing regulatory compliance advice to domestic and foreign businesses.  

Acting for companies before government agencies in the matters of intellectual property protection, specifically, drafting and filing documents, liaising with intellectual property protection agencies, etc.

Furthermore, Mr Kubko is advising on non-profit organizations' activity in Ukraine; advising on execution of credit agreements with foreing creditors and participate in arbitration hearings of ICC International Court of Arbitration.

Languages: Ukrainian, Russian, English, German.