Tsirat Gennadii

International Commercial Arbitration is one of the most popular and efficient ways of dispute resolution arising out of foreign trade and investment contracts. Mr. Tsirat has an extensive and diverse practice in dispute resolution in such arbitration institutions as the Arbitration Institute of the Stockholm Chamber of Commerce, the Vienna International Arbitral Centre (VIAC), the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine (the ICAC at the CCI of Ukraine), the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the ICAC at the CCI of the Russian Federation), arbitrations in Zurich and arbitrations ad hoc.

Mr. Tsirat successfully represented, in particular:

• Ukrinterenergo in disputes with its Austrian counterparts at the Arbitration Institute of the Stockholm Chamber of Commerce;
• Vinnitsa plant Krystal in case against a Serbian company as well as interests of German investors in case against Russian airlines KD avia (the Russian Federation) at the ICAC at the CCI of the Russian Federation;
• English investors’ interests against the Russian bank Mosinraschet as well as Demos (Ukraine) interests in a dispute against VTB Bank (Austria) at the Vienna International Arbitral Centre;
• Kryukovsky Railway Car Building Works in a dispute against German and Belgian companies, Dneprospetsstal (Ukraine) against Sokametal S. A., Kashtan Petroleum (Ukraine) in a dispute with a number of Cypriot companies at the ICAC at the CCI of Ukraine;
• Ukrinterenergo in a dispute with German contracting parties at ad hoc arbitration, etc.

Another specialization of Gennadii is closely related to practice of international commercial arbitration, namely litigation in cases on recognition and enforcement of arbitral awards in Ukraine, both national and foreign.

Mr. Tsirat has a rich and diverse experience of participation in such cases, both in Ukrainian and in foreign courts. He represented Mirtal AG (Switzerland) in one of the first in Ukraine cases on recognition and enforcement of arbitral awards, namely recognition and enforcement of the Stockholm Arbitration Institute award against Yahotyn poultry farm (Ukraine); interests of Norbert Schaller GmbH (Austria) in case on recognition and enforcement of arbitral award of the International Arbitration Centre at the Austrian Federal Economic Chamber against First Investment Bank (Ukraine); interests of VA Intertrading Aktiengesellschaft (Austria) in the case on recognition and enforcement of the International Arbitration Centre at the Austrian Federal Economic Chamber award against Hekro Pet Ltd (Ukraine) and many others.

In the procedures of recognition and enforcement of awards of the ICAC at the CCI of Ukraine in the territory of another states, Gennadii represented Ukrainian companies in the procedures of enforcement of awards, for example, in Belgium and Cyprus; awards of the ICAC at the CCI of the Russian Federation against KD avia (Russian Federation).

On the basis of experience gained in these court cases, as well as having studied similar judicial practice of another states, regulation of procedures of recognition and enforcement of arbitral awards by legislation of foreign states and international conventions, Mr. Tsirat prepared and defended in 2000 his thesis on enforcement of foreign arbitral awards. Over the past years the experience, knowledge and judicial practice of Mr. Tsirat in this area have been enriched by a large number of similar court cases.

In order to enforce a foreign judgement on commercial and civil (or family) case in Ukraine, it is necessary to go through a judicial procedure on recognition of a foreign judgment and obtaining of permission for its enforcement in Ukraine (exequatur). This procedure has as much in common with the procedure of recognition and enforcement of arbitral awards, as well as some peculiar features.

This is caused by the fact that the matters concerning recognition and enforcement of arbitral awards are governed by the Convention on the recognition and enforcement of foreign arbitral awards of 1958 (the New York Convention), the law of Ukraine on international commercial arbitration and the rules of the Civil Procedure Code of Ukraine. The matters concerning recognition and obtaining of permission to enforce foreign judgments are governed by the rules contained in legal assistance agreements in civil and commercial matters and the rules of the Civil Procedure Code of Ukraine.

While considering the disputes involving Ukrainian companies and citizens foreign courts and arbitrations often apply Ukrainian substantive law. As foreign judges and arbitrators usually are not acquainted with the law of Ukraine, in such cases legal opinions on the matters of Ukrainian law prepared by well-known lawyers and scholars play a significant role in settlement of such dispute.

Deep and versatile knowledge of Dr. Tsirat in various areas of Ukrainian law reflected in his monographs and numerous articles is in demand in foreign courts and arbitration institutions in cases where a qualified legal expertise on Ukrainian law is required. One example of such legal opinions is the one prepared by Dr. Tsirat concerning regulation and judicial practice of recognition and enforcement of foreign judgments in the territory of Ukraine, presented in a case considered by the London court in a dispute involving shareholders of Ukrtatneft.

The classic practice of attorney is representation of the interests of his/her client in court. This practice is one of the main specializations both of Jurvneshservice and Gennadii Tsirat.

Distinctive features of the work style of Jurvneshservice lawyers are: (a) a thorough legal examination of relations of the parties, which led to the dispute, because it is the key to choose the right strategy of defence of the interests of the client in court; (b) a verified legal qualification of controversial relations; (c) an absolutely open, trust relationship with the client, regardless of whether the client is a company or a person, whether the dispute is a commercial one or a dispute concerning division of assets.

This approach makes it possible to communicate to every client his/her legal situation in all aspects, both positive and negative, in the dispute, to assess reasonably the prospects of victory in court, feasible case scenarios, to calculate the possible actions of the adverse party and their consequences.

The mentioned qualities are especially important in cases where Jurvneshservice attorneys represent foreign companies or persons. Examples of such cases may be representation of interests in commercial courts of Ukraine of a consortium of foreign insurance companies in a dispute against Aerosvit (Ukraine), representation of interests of International Trade Services GmbH (Austria) in commercial courts of Ukraine in case of debt with Hekro Pet Ltd (Ukraine).

Together with Anna Tsirat Gennadii prepared a monograph in English “Civil Procedure in Ukraine”, that has been published by Kluwer Law International since 2012 with corresponding annual updates. Due to adoption of new procedural codes that came into the force in December 2017 the monograph was significantly updated.

Representation of interests of Ukrainian and foreign clients in foreign courts is one of the most challenging and responsible areas of Mr. Tsirat’s judicial practice. Such disputes are considered in accordance with the rules of foreign procedural legislation that differs significantly from the Ukrainian. Often the law of the state of the court, including its judicial practice is applied in such disputes, and it is vital to work together with foreign lawyers.

Examples of such cases were representation in commercial courts of the Russian Federation of Demos in case against Vnesheconombank (VEB) concerning recovery of frozen funds therein; representation of interests of SL Leasing LLC in a dispute with RentaStroyTehnika LLC in commercial courts of Moscow and Moscow Region in case on debt recovery of 11 million US dollars; representation in commercial courts of the Russian Federation of the interests of Ukrainian owners in cases concerning protection of property located in the Republic of Crimea.

Mentioned area of ​​practice is very responsible and important because it requires a combination of deep knowledge of law and economic aspects of business dealing in Ukraine.

Any investment project, when an investor deals with an existing business, an operating company and assets, requires a financial and legal audit of the investment project, the management of a company and other aspects. Together with professional accountants, our lawyers find out the real state of affairs, and all legal aspects of the investment project. This is the basis for the investor’s decision on investments and the choice of their shape and size, minimizing of risks, etc.

Dr. Tsirat took part in supporting of several large investment projects, in particular, the construction project of the power unit of Dobrotvorskaya combined heat and power plant (dust and gas purification) with the involvement of funds from the Ministry of Environment Protection of Germany, acquisition projects in huge retail and entertainment centres in Kyiv, restructuring of credit debt and exemption from pledge of large investment objects.