Dispute Resolution and Litigation
RULG has extensive experience in commercial litigation and
arbitration and a well-rounded litigation team. Our experience extends from
litigating in Ukraine's trial and appellate courts and international
arbitration to representing our clients before Ukraine's Supreme Court and Constitutional Court. Our attorneys have
written extensively on the subjects of litigation and arbitration.
According to PLC Which lawyer? Yearbook, the RULG - Ukrainian Legal
Group is "recommended" in the dispute resolution area. RULG President,
Dr. Irina Paliashvili has been regularly included in the annual U.S. based Best
Lawyers® publication list of leading lawyers as the best lawyer in the
arbitration and mediation area for Ukraine.
Dr. Paliashvili participated in Organizing Committee of one of the most prominent
international arbitration conferences "Kiev Arbitration Days 2013: Think Big!",
which was successfully held on November 14-15, 2013
in Kyiv, Ukraine. At this conference Irina chaired one of the key panels “The
Expert in International Arbitration: Role on the Chessboard?”, which a leading
Ukrainian professional publication, Jurliga, highlighted as a main conference
topic and made a special report
The "Kiev Arbitration Days 2013: Think Big!" conference was widely covered in the
практика №47 (830) of 19 November 2013;
Irina gave several interviews to Ukrainian publications, including to Jurliga (video available at
https://www.youtube.com/watch?v=ZXfJG8Kedpk#t=293 (minute 2.50) and to
№48 (831) of 26 November 2013.
Our preferred strategy in
regards to litigation and arbitration, however, is to make it unnecessary. Litigation
and arbitration can be a drawn-out and costly affair, often with uncertain
results and serious practical difficulties with enforcing court decisions and
arbitral awards. Our objective in advising our clients is to minimize their
risks by securing our client's rights to the utmost and preventing disputes
when drafting contracts and advising on transactions. When a client comes to us
with a problem that seems destined for litigation or arbitration, our objective
is to negotiate a settlement with the opposing party to avoid unnecessary
costs. Our firm's successful record of winning the cases we litigate goes a
long way towards making opposing parties agree to settle their disputes
amicably. Over the years, we have achieved amicable settlement of many high-profile
commercial disputes, saving our clients considerable expense and years of
In addition to
representing clients in various dispute resolution matters, Dr. Paliashvili has
developed extensive experience in providing independent expert testimonies on
the matters of Russian and Ukrainian law in international arbitration
proceedings, as well as in the US, UK and Swedish courts proceedings.
In June 2004, as soon as
Ukrainian law permitted domestic arbitration to be conducted, our firm began
working with the European Business Association in Kiev to establish a domestic
court of arbitration ("Treteyski Sud") under the Association's
auspices. We reviewed the legal basis for this new method of alternative
dispute resolution (ADR) in our article on "New Prospects for Alternative
Dispute Resolution in Ukraine". Please click here to download.
One way we try to resolve
disputes out of court is mediation. Our dispute-resolution strategies involve
the use of mediation techniques, an ADR method that has been gaining popularity
in Ukraine, Russia and the rest of the CIS region. Our firm supports commercial
mediation as a natural alternative to litigation and arbitration. Some of our
attorneys are trained mediators, certified by the CPR Institute for Dispute
Resolution in New York, serving on its International Panel of Distinguished
and on the INTA International Panel of Neutrals (http://www.inta.org/adr/neutrals.html).
Our attorneys have authored and co-authored several articles on commercial
mediation. Please click here to download. In
particular, on 5 August 2011, Pravotoday published RULG Counsel Lilia Gokieli's
opinion on mediation, its practical application, problems, and perspectives.
The prospects for
developing commercial mediation in the CIS were summarized in Dr. Paliashvili's
presentation at the C5 Conference "Strategies for Successful Commercial
Disputes Resolution" held in Moscow on 29-30 November 2004. This presentation
is available for download in English
RULG, in cooperation with
various NGOs, professional organizations, and private businesses is actively
promoting the use of various ADR methods in Ukraine.
- RULG is a founding member of the Russian Mediation Center (formerly, the "Moscow Center for Dispute Resolution", http://www.mediation.org.ru)
and is currently working on establishing the first Ukrainian Commercial
Mediation Center (UCCM) in Kiev.
- RULG developed a proposal on setting up a domestic
arbitration tribunal under the auspices of the Kiev-based European Business
- RULG co-organized the INTA interactive seminar
"Mediation as an Alternative Method for Commercial Dispute
Resolution" held on November 29, 2005, in Kiev. The seminar was a success
and received positive feedback from several legal and IP publications in Ukraine. Read about the seminar in the March 1st issue of the INTA Bulletin, Vol. 61, No. 5
(download the article in English), the December 2005 issue of the journal
Intelektualna Vlasnist (download the article in Ukrainian and English), and in the December 2005 issue (Vol. 3, No. 12) of
The Ukrainian Journal of Business Law (download the article in English).
The seminar's agenda is available for download in Ukrainian
You can also read the Report on the seminar in English
- RULG, together with the prominent Russian law firm
Pepeliaev, Goltsblat & Partners organized similar seminar in Moscow, Russia “Mediation as an Alternative Method for Commercial Dispute Resolution in the
Area of Intellectual Property", held on 18 April 2006. RULG President, Dr.
Irina Paliashvili spoke at the seminar on the topic of “Growing Interest in
Mediation as a Method for Commercial Dispute Resolution in the Area of
Intellectual Property”. A brief summary of the seminar and the seminar's agenda are available in Russian. Read about the seminar in
the April 2006 (#4) issue of the Russian Law Journal "Kollegia".
- The third INTA seminar was organized by RULG
together with Fina LLP, a leading law firm in Azerbaijan. This seminar was held
within the larger framework of the second CIS Local Counsel Forum in Baku on 22 June 2007. The seminar Agenda is available in English.