Markian Malskyy

Markian Malskyy

Rok urodzenia

1984

Nationality

Ukrainian

Languages

English,

German,

Russian, Polish

Specializations

Agency, Distribution, Franchising, Commercial agreements in general, Competition, Corporate law, Intellectual property, Labour law, management contracts, Mergers and acquisitions (M&A), Antimonopoly law

Professional certification

 

 

 

 

 

Website

 

 

Managing Partner, Head of West Ukrainian Branch, Dr jur., attorney-at-law, MCIArb
Honorary consul of Austria in Lviv
Co-Head of International Litigation and Arbitration

 

 

https://arzinger.ua/en/our-team/markiyan_malskiy/

Education

  • Shevchenko National University of Kyiv, PhD Hab. (2020);
  • Taras Shevchenko National University of Kyiv, PhD (thesis „Arbitration agreement as a precondition of dispute resolution in international commercial arbitration”) (2012);
  • World Trade Institute, Master of International Law and Economics (summa cum laude) (Corporate, contract, investment law, international trade) (2007);
  • Stockholm University, LL.M in International Commercial Arbitration (magna cum laude) (Commercial arbitration, dispute settlement) (2006);
  • Ivan Franko National University of Lviv, Master of International Economics (International economics, business, finance and financial planning, investments), Master of Law (Civil, financial, corporate, contract, international law) (2006).

Professional career

Managing partner, PhD hab., attorney-at-law, specializes in legal support in investment projects as well as dispute resolution, including international commercial and investment arbitration. Since 2008, he is an attorney-at-law and partner at Arzinger, where he heads the Western Ukrainian Branch and the international dispute resolution practice. Honorary consul of Austria in Lviv.

Prior to joining Arzinger, Markian worked as a lawyer in the international arbitration team at Freshfields Bruckhaus Deringer in Paris.

He has been Head of Arzinger’s Western Ukrainian Branch in Lviv since 2009. The lawyers of the branch support numerous large-scale projects. They advise on real estate, construction, information technology, business structuring, representation in litigations, provide advice and support for public-private partnership projects, etc. Since 2011, Arzinger’s Branch in Lviv has been ranked first among the leading regional law firms of the Western region of Ukraine according to „Yurydychna Praktyka.” Markian has been leading the ADR practice since 2010. He has vast experience in resolving corporate disputes in the energy sector, contractual disputes, sales and services, real estate & construction disputes, enforcement of foreign judgments and arbitral awards, real estate and M&A transactions.

He was engaged in the settlement of over 300 disputes, including under the ICSID, ICC, SCC, VIAC, FAI, VCCA, UNCITRAL, LCIA and ICAC.

In 2019 Mr. Malskyy was appointed as governor of Lviv region. Markiyan was partner with Kochański & partners, a polish law firm, professor at Warsaw University, where he taught international arbitration and private law in English and Polish.

He is the author of four books, more than 100 scientific papers and more than 300 articles and commentaries.

Arbitration Experience

Over 300 disputes under ICSID, ICC, SCC, VIAC, FAI, VCCA, UNCITRAL, LCIA and ICAC.
Representation of the Government of Ukraine in an investment dispute under the Netherlands – Ukraine BIT and ICSID Convention in banking instruments sphere;
Representing a leading agricultural company in a multimillion investment dispute dealing with sea ports infrastructure;
Representing a Ukrainian State Enterprise in pre-trial settlement of an investment dispute with a foreign state for an overall amount of nearly EUR 5 million;
Representing one of the major oil producing companies in a dispute on collection of more than 200 million USD of losses caused by improper execution of the shareholders agreement;
Representing the interests of a Swiss company in arbitration against the Ukrainian state body under UNCITRAL Arbitration Rules. The dispute originated out of a more than USD 9,5 million contractor agreement and was administrated by the Permanent Court of Arbitration in the Hague;
Reaching a settlement in a dispute between Austrian and Estonian companies pending the consideration by ICAC at the UCCI;
Representation of interests of one of the largest Ukrainian mobile service provider in a dispute with a Russian mobile service provider over fraudulent activities under the Rules of Arbitration of the International Chamber of Commerce;
Representation of interests of one of the leading German telecommunication service providers against one of the largest Ukrainian mobile service provider before International Commercial Arbitration Court under the Ukrainian Chamber of Commerce;
Acted as an Expert Witness and submitted Expert Witness Statement on Ukrainian law and dispute resolution procedure issues in a dispute brought by a businessman, Italian national against one of the leading transnational steel companies in Central and Eastern Europe Region on recovery of debt and damages considered by the High Court of Justice, Queen’s Bench Division;
Representing major American energy company in a construction dispute considered in accordance with the ICAC at the UCCI Rules;
Representing a major international banking syndicate in a number of arbitral debt recovery cases against a variety of Ukrainian and foreign borrowers for the sum of nearly USD 700 million;
Representing a major international banking syndicate in a variety of debt recovery cases for the sum of over USD 74 million in different jurisdictions (England, Cyprus). Legal support in the process of preparation of documents for obtaining a worldwide freezing and asset disclosure order, High Court of Justice, Queen’s Bench Division in support of the LCIA arbitration.

Membership in professional organizations and associations:

  • International Bar Association (IBA);
  • American Bar Association (ABA);
  • Chartered Institute of Arbitrators (CIArb);
  • London Court of International Arbitration Young International Arbitration Group (LCIA YIAG);
  • Institute for Transnational Arbitration (Young ITA);
  • Young Austrian Arbitration Practitioners (YAAP);
  • Swiss Arbitration Association (ASA below 40);
  • ICDR (International Centre for Dispute Resolution Young & International);
  • The Belgian Centre for Arbitration and Mediation (Cepani 40);
  • ICC Young Arbitrators Forum (YAF);
  • Ukrainian Bar Association (UBA);
  • Association of attorneys of Ukraine (AAU), Head of Lviv branch;
  • European Business Association (EBA), Head of the Coordination Council of West Ukrainian Branch (2015-2016; 2021), Member of the Coordination Council (2010-2019), Head of the Legal Committee (2009-2014);
  • Ukrainian Arbitration Association (UAA), Member of the Board in 2012-2019, Counsel to the Board since 2020.

Publications

  1. Recognition and enforcement of foreign arbitral awards in Ukraine;
  2. Adverse inference in WTO law and other dispute settlement fora;
  3. Arbitration Agreement. Theoretical and Practical Aspects;
  4. International enforcement process. Theory and Practice.