As Shells Rained Down on Kyiv, Covington Lawyers Were Attempting to Wrench Justice for Russian Seizure of Ukrainian Assets
March 4, 2022, The American Lawyer
The American Lawyer featured Covington’s presence in The Hague as the firm's arbitration lawyers argued that Russia pay compensation for its 2014 seizure of the Crimea-based assets of Ukraine’s state-owned oil and gas company, Naftogaz, amid Russian President Vladimir Putin's invasion of Ukraine.
In an interview from The Hague, Jeremy Wilson said, “Over the course of the last few years, the level of commitment and dedication to pursuing justice in this case has been remarkable—by our clients and co-counsel. Their dedication and commitment has deeply moved me and inspired the entire team to do everything in our power to deliver the right outcome.”
Marney Cheek remarked, “It’s been very difficult but also truly inspirational to see the stoicism and professionalism evidenced by our friends in pursuing justice, even while they deal with the current invasion on a deeply personal basis.” She continued, “The intensity of the situation is really more than I have ever experienced before. Our colleagues were literally trying to find their way back to Ukraine after their country had been invaded by the respondent in this case. They wanted the proceedings to continue—and we, of course, remained committed to seeing it through, and not let the remarkable events of this Russian aggression and invasion mean that justice for Naftogaz could be further delayed.”
David Pinsky explained that he had been seeking ways to “get involved in helping Ukrainian clients” with the challenges that they were facing when Russia invaded Crimea in 2014. He added, “I was born in Kyiv and moved to the United States when I was very young. We were all very much energized by what Naftogaz was trying to do for Ukraine. From the get-go, we thought it was very much a privilege to have an opportunity to work with them.”
He continued, “One of the things Ukraine was trying to do with Naftogaz was wean itself off Russian energy—gas, particularly—so that Russia could not use Ukraine gas as geopolitical leverage,” said David, explaining that Naftogaz intended to develop gas resources in the Black Sea, off the coast of Crimea before it was seized.
David explained that by annexing Crimea, Russia didn’t just expropriate the assets of a vertically integrated energy investment, they also deprived Naftogaz of the ability to help Ukraine develop its own energy resource. “That is one of the strategic elements of this case, and the company’s role in the Ukrainian economy,” he said.
The article noted that the Covington team’s engagement with Naftogaz has lasted over six years. David elaborated that the personal relationships among the Covington, Naftogaz, and Aequo teams that developed over the course of the engagement made the events of the past couple of weeks “that much more impactful—and personally and professionally challenging.”
“We’ve seen how this situation in Ukraine has been devastating to them, not only as a company, but also as people,” David said.
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