Nick Yurlov
Marchenko Partners
Ukrainian
Ukraine, Worldwide
Kyiv
Public international law, Investor-State Disputes, Corporate Law, Agriculture, Banking, Heavy Industry, IT.
English, Ukrainian, Russian
Yaroslav Mudryi National Law University
Select publications/reports
• Amicus Curiae Brief for the Supreme Court in respect of Alkodis v. Agat-A proceedings (No. 824/152/2).
• Why Ukraine Prevailed in Most Denial of Justice Cases: Denial of Justice Explored, The European Arbitration Review 2022 of Global Arbitration Review.
• Defeat, but not Catastrophe for Ukraine: Why Russia Won the Arbitration on Crimea, Evropeyska Pravda.
• Yanukovych’s Debt: Lock, Stock and Duress, Dead Lawyers Society.
• Russia knocked down in ICJ, Dead Lawyers Society (in English, Ukrainian and Russian).
• Dead Lawyers at Kyiv Arbitration Days (conference report in Ukrainian and Russian).
• Why We Will Win in the Hague: 7 Questions and Answers about the UN Court in the Case of Ukraine against Russia, Evropeyska Pravda.
• Ukraine v. Russia in the International Court of Justice – Second Round, Dead Lawyers Society.
• Protection of investments on occupied territories, YurGazeta.
• Negotiations and Pre-arbitration Settlement in Investor-state Disputes from a Ukrainian Perspective, The European Arbitration Review 2018 of Global Arbitration Review.
• Investment Arbitration as a Mechanism of Protection of Foreign Investments on Occupied Territories, report at Kharkiv International Legal Forum.
• Analysis of international treaties between Ukraine and the Russian Federation in the context of the international legal qualification of the events on the territory of Ukraine, scientific article.
• Admissibility of Documents, Leaked by Whistleblowers in the International Court of Justice, publication (p.42-45) at Information Security as a Part of National Security in Eastern Europe Workshop.
Speaking engagements
• Spoke at the World Litigation Forum in Dubai on panels about Soft Skills in International Negotiation and Settlements, and Recent Developments in Transnational Litigation (2022).
• Gave a lecture about investor-state dispute resolution from a Ukrainian perspective at Ilia State University (2021).
• Gave a lecture about international commercial and investment arbitration at Kyiv International University (2021).
• Organized and spoke a webinar «Arbitration Cinderella: Why You Shouldn't Leave the Clause till Midnight» at the American Chamber of Commerce in Ukraine (2021).
• Moderated a podcast about the decision of the Paris Court of Appeal in Oschadbank v. Russia (2021).
• Moderated a UBA discussion “Cyberattacks on healthcare infrastructure: legal aspect” (2021).
• Spoke at ICRC webinar “IHL and new technologies: cyber-operations, AI, military robots” (2020).
• Spoke at skrypin.ua about the Minsk negotiations (2020).
• Moderated the arbitration track of Dead Lawyers Society online show (2020).
• Gave commentary to the 5th Channel regarding the shooting down of PS752 in Iran (2020).
• Spoke at “Legal warfare: Ukraine-Russia context” expert discussion held by the Foreign Policy and Inter-Parliamentary Cooperation Committee of the Verkhovna Rada of Ukraine (2019).
• Spoke at UBA Student’s league Legal F*** Up Night vol.3 (2019).
• Spoke at skrypin.ua about Ukraine v. Russia ICJ case (2019).
• Gave a lecture about international arbitration at Legal Talks 2.0 (2019).
• Gave a lecture about Ukrainian investment arbitrations at the Diplomatic Academy of Ukraine (2018).
• Gave a lecture on international investment law at Summer International Law Camp (2018).
• Delivered a report “Investment Arbitration as a Mechanism of Protection of Foreign Investments on Occupied Territories” at the First Kharkiv International Legal Forum (2017).
• Spoke at the Arbitration in Regulatory & Tax Disputes seminar (2017).
• Moderated a GAR Round Table about the protection of investments on the occupied territories (2017).
• Moderated “Access to Justice” track and mentored projects at Global Legal Hackathon Ukraine.
• Won third place at Kyiv Legal Tech Hackathon.
• Participated in over 20 Ukrainian and international parliamentary debate tournaments, qualifying to finals, and winning several best speaker awards (2010-2020).
• Participated, coached, and judged at Jessup, Telders, Vis, Frankfurt and other moot court competitions (2010-2022).
Ukrainian Bar Association (Member of Kyiv City Branch Board and Election Committee Secretary)
Ukrainian Arbitration Association, member.
Ukrainian Association of International Law, member
American Chamber of Commerce, Legal committee member.
Dead Lawyers Society, Board member.
I specialise in dispute resolution and international law.
I represent Clients in international investment and commercial arbitrations, cross-border litigations, and negotiations.
I also advise on all stages of conflicts - from prevention and anticipation to resolution and enforcement. This includes dispute risk management, formulation of dispute resolution clauses in contracts, negotiations, written submissions, oral hearings before courts and tribunals, and post-award proceedings.
My notable cases include:
— Acting for Philip Morris International in US$50 million tax-related investor-state dispute v. Ukraine, which was settled amicably;
— Acting for McMahons and others v. Ukraine in US$90 million investor-state dispute concerning arbitrary and confiscatory export-import restrictions and related penalties;
— Acting for the State of Ukraine in Emergofin and Velbay v. Ukraine (ICSID Case No. ARB/16/35);
— Acting for a Ukrainian agricultural group in a multi-million LCIA corporate dispute;
— Representing a client in a series of high-profile cross-border litigations, regarding the responsibility of bank shareholders and management.
I am an avid fan of moot courts and am regularly invited to judge Jessup, Frankfurt, Vis, Telders, Stetson, and Price. I am currently coaching a team from my alma mater for the Frankfurt moot.
When not passionately arguing for my clients or engaging in educational or community events, I practice guitar and vocals, play chess and defend the colors of an amateur football team.