Another in our series of articles leading up to the 2020 Dealer’s Choice Law Firm Summit and Deal of the Year Awards in London.
Sayenko Kharenko has advised the JSC State Export-Import Bank of Ukraine (Ukreximbank) on its issuance of USD 100 million subordinated loan participation notes, listed on the London Stock Exchange. The notes were issued by Biz Finance Plc., which applied the total principal amount of the issue towards financing a subordinated loan to the bank. Latham & Watkins and, reportedly, Avellum, advised J.P. Morgan and Morgan Stanley, the joint leaders on the transaction, the total book order of which reached USD 300 million. White & Case reportedly advised Ukreximbank as well.
DLA Piper and PwC Legal have advised NEQSOL on its USD 734 million acquisition of VF Ukraine from Russian telecommunications operator MTS Group, which includes USD 84 million of earn-out payment. DLA Piper also advised NEQSOL on the raising of acquisition financing for the deal from a group of international funds and financial institutions led by J.P. Morgan Securities and Raiffeisen Bank International. Latham & Watkins and Aequo advised the MTS Group on the deal, while Avellum and Linklaters advised JP Morgan and Raiffeisen Bank on the underlying financing.
Aequo and Freshfields Bruckhaus Deringer have advised NJSC Naftogaz on Ukrainian law matters in connection with the company’s return to the market with EUR 500 million 7-year Eurobonds at 7.625% p.a., its second capital markets transaction in 2019. Avellum and White & Case advised lead-manager and book-runner Citibank.
As the country entered the 21st century, Ukraine’s Soviet-era judicial system was widely condemned as corrupt, incompetent, and inefficient. Committed to rectifying the situation, in 2015 the Ukrainian government introduced plans to reform the entire system. That transformation, which was the focus of an August 2017 CEE Legal Matters Round Table, continues today. We reached out to several of the Ukrainian dispute resolution specialists we spoke to several years ago for an update.
Cross-border commercial disputes often raise a number of issues concerning the treatment of foreign litigants in domestic proceedings. A complete overhaul of Ukraine’s procedural rules back in 2017 included a number of specific rules for foreign litigants that they must consider, especially when they have no local presence or assets in Ukraine.
This April, the new EU foreign investment screening regulation entered into force, with terms scheduled to become applicable on October 11, 2020. The regulation was conceived and designed to provide member states with a valuable tool to employ in defending their strategic interests. We spoke to several experts in the region to learn more.