Markiyan Malskyy

Markiyan Malskyy is a partner in International Disputes practice of Kochański & Partners.

He specializes in resolving disputes mainly in international commercial and investment arbitration. Mr. Malskyy started his career in the international arbitration department of Freshfields Bruckhaus Deringer in Paris, France. For 15 years he practiced at a leading Ukrainian law firm Arzinger, where he was partner, leading the firm’s international dispute resolution practice and supervising the West Ukrainian Branch office. In 2016 he was granted with diplomatic exequatur as Honorary consul of Austria to Lviv. In 2019 Markiyan was appointed by the President of Ukraine to serve as governor of Lviv region, after having completed his goals for the position he returned to legal, diplomatic and academic work.

He possesses vast experience in resolving corporate, contractual, sale/services, real estate & construction, post-M&A disputes. He was engaged in the settlement of over 300 disputes, including under the ICSID, ICC, SCC, UNCITRAL, LCIA, VIAC, FAI, VCCA and ICAC (Kyiv) rules.

He is the author of four books, more than 100 scientific papers and more than 300 articles and commentaries. Markiyan is a frequent speaker at conferences and seminars. He is regularly appointed as arbitrator and is recommended in more than 10 world leading arbitration institutions.

Textbooks:
Malskyy M. Recognition and enforcement of foreign arbitral awards in Ukraine (Lviv, 2007)

Malskyy M. Adverse inference under the WTO law and other dispute settlement fora (Lviv, 2008)

Malskyy M. Arbitration agreement: theoretical and practical matters (Lviv, 2013)

Malskyy M. International enforcement process (Lviv, 2019)

Selected publications:

Green light to interim measures in support of arbitration: novelties of Ukrainian procedural rules in action (IBA Arbitration committee newsletter, 2019)

Transformation of Ukrainian Arbitration Practice: Highlights from 2018 (IBA Arbitration committee newsletter, 2018)

Foreign litigants – legal aliens in the Ukrainian courts (IBA Litigation committee newsletter, 2019)

ABA Year in Review. International Arbitration. Ukraine. (2019)

“Arbitration Developments Around the World. Ukraine”, Volume 53. (American Bar Association, 2018)

Public Policy Against the Backdrop of International Sanctions Regime: Ukrainian Court Gives a Steer on Key Dimensions (IBA Arbitration committee newsletter, 2018)

Bankruptcy and arbitration in Ukraine: can I have both? (IBA Litigation committee newsletter, 2020)

The first year of Covid-19 in Ukraine: developments in alternative dispute resolution (IBA Arbitration Committee newsletter 2020)

Court Assistance in Support of Arbitration: Interim Measures and Obtaining Evidence. Ukrainian Perspective. (IBA Arbitration Committee newsletter, 2018)

International Execution against Judgment Debtors (Ukraine), Thomson Reuters (2018)

Contemporary issues of enforcement process in Ukraine: domestic and international aspects (LeXonomica, 2021)