Tetyana Nesterchuk

Practice Areas

Main areas of practice: administrative and public law, banking and finance, commercial arbitration and litigation, financial services regulation, professional regulation, public procurement.

Notable cases include: Athena Capital Fund SICAV-FIS SCA v Secretary of State for the Holy See [2022] EWCA Civ 1051; PJSC National Bank Trust v Mins [2022] 1 WLR 3099; PJSC “Bank Finance and Credit” v Zhevago [2021] EWHC 2522 (Ch); PJSC National Bank Trust v Mints [2020] EWHC 3253 (Comm); 2019 Rail Franchising Litigation [2020] EWHC 1568 TCC, 11502/2016 Solicitors Regulation Authority v Day, Malik, Crowther, Leigh Day; R (Lumsdon) v Legal Services Board [2015] 3 WLR 121, [2015] EWCA Civ 421, [2014] HRLR 29, [2014] EWHC 28, [2013] EWHC 3289; Barnett v SRA [2016] EWHC 1160, SRA v Barnett and Swift (Case No. 112492014); SRA v Hale (Case No 114762016); Erdenet v Government of Kazakhstan [2016] EWHC 299; JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2014] EWHC 4336 (Ch), R. (on the application of OJSC Rosneft Oil Co) v HM Treasury 2014] EWHC 4002 (Admin) and a number of ICC and LCIA arbitrations.

Career

Tetyana practices as a litigator and arbitrator at Fountain Court Chambers specialising in all aspects of commercial litigation and arbitration (with emphasis on international civil fraud, financial and banking regulation, competition and public procurement). As a native Ukrainian and Russian speaker, Tetyana’s practice includes many disputes involving CIS parties. As an arbitrator, Tetyana acts both as sole arbitrator and as chair of the arbitral tribunals and is recommended as an arbitrator by the Ukrainian Arbitration Association.

Prior to coming to the Bar, Tetyana was a corporate solicitor at Slaughter and May (2006-2010), and a judicial assistant at the UK Supreme Court assisting Lords Rodger, Brown and Collins (2020-2011).

Professional Memberships

Combar, LCLCBA, Ukrainian Arbitration Association, LCIA, ICC (Ukraine).

Publications

Conflict of laws: anti-suit injunctions (Westlaw UK, regularly updated), Arbitration Act 1996 – appealing the award (section 69) Arbitration Act 1996 – stay of court proceedings to enable arbitration (section 9) (Lexis PSL, regularly updated); England and Russia: resolving jurisdictional disputes (Law Gazette, 22 April 2013); The view from behind the bench: the role of judicial assistants in the UK Supreme Court, a contribution to Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry edited by A. Burrows, D. Johnson and R. Zimmermann.

Personal

BA (Jurisprudence), Worcester College, Oxford (First Class Honours; ranked 1st in the year across University); BCL, Worcester College, Oxford (Distinction); LPC, BPP Law School (Distinction).