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Defense of Ukraine’s interests in the WTO trade disputes

Partner Nataliia Isakhanova and associate Olesia Kryvetska provided Yuridicheskaya Praktika (“Law Practice”) with a commentary on procedure of external legal counsels’ engagement for representation of Ukraine in the international trade disputes. This procedure is specified in the Order on protection of trade and economic rights and interests of Ukraine at the World Trade Organization (approved by Resolution of the Cabinet of Ministers of Ukraine of 01.06.2016 № 346).

Nataliia Isakhanova and Olesia Kryvetska underscores considerable shortcomings of the Order. Notably, the document does not set forth transparent procedure for the external legal counsels’ engagement, conducted by the Ministry of Economic Development and Trade of Ukraine (hereinafter – the MEDT). The Order provides for neither qualification requirements for selection process nor reporting mechanisms on selection results.

The authors consider consortium of local and international law firms specialized in international trade to be the most efficient format of the external legal counsels’ engagement. Quite few law companies possessing appropriate skills and expertise are currently operating on the Ukrainian legal market.

First and foremost, participation of legal counsels has to prove useful for the MEDT and result in efficient capacity building of its stuff involved at the trade disputes of Ukraine at the WTO.

The full text of the commentary is available at: