Halfway through 2019 Ukraine has already seen major changes in its energy sector’s legal framework, including the effect of the recent decision of the Constitutional Court of Ukraine involving the legal status and decision-making authority of the Ukrainian energy market regulator (the “Regulator”). The shockwaves are likely to go far beyond 2019.
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.
In February 2019 CEE Legal Matters reported that Integrites and K&L Gates had advised Norwegian utility-scale wind power developer NBT and Paris-based renewable energy independent power producer Total Eren on their entrance into a framework agreement with a syndicate of foreign lenders, including the EBRD and the Nordic Environment Finance Corporation, for the construction of the Syvash wind farm – one of the largest in Europe. Redcliffe Partners and Clifford Chance advised the lenders and J.P. Morgan Securities Plc as debt coordinator.
In “The Corner Office” we ask Managing Partners across Central and Eastern Europe about their unique roles and responsibilities. The question this time around: What was the most difficult or unpleasant experience you had terminating someone’s employment?”
More and more companies in the TMT sector are looking at Ukraine as a potential market, in the process putting aside the negative image formed during the first decades after the country declared its independence in 1991.
Sayenko Kharenko's antitrust team has helped obtain merger clearance by the Antimonopoly Committee of Ukraine for the Wabtech Corporation's global acquisition of GE’s Transportation business.
Oleh Beketov, Head of International Litigation at Eterna Law in Ukraine, has been appointed Senior Partner at the firm.
CMS has advised EBRD on its issue of a USD 35 million loan to the Louis Dreyfus Company, a global agricultural trader, to help it establish its own railcar logistics business in Ukraine. Everlegal provided Ukrainian law assistance to lead legal counsel Orrick in advising the Louis Dreyfus Company on the deal.
Sayenko Kharenko has advised the EBRD on its provision of a four-year syndicated loan to JSC “The State Export-Import Bank of Ukraine" to support renewable energy and energy efficiency investments in Ukrainian projects that are compliant.
Doubinsky & Osharova has successfully represented Lukoil in Ukraine in a trademark dispute against Luxoil, a Russian manufacturer of automobile oils.
Ilyashev & Partners has opened a new office in Odessa, a port city on the Black Sea in southern Ukraine. The new office will be headed by attorney Sergey Nedelko.
Vasil Kisil & Partners has advised Odasco on the acquisition of a 4.9-megawatt solar plant in the Cherkasy region of Ukraine from unidentified private sellers.
Avellum has acted as Ukrainian legal counsel to MHP Lux S.A. on its USD 350 million offering of 6.250% notes due 2029. Sayenko Kharenko and Latham & Watkins advised joint lead managers and joint book-runners ING Bank N.V., London Branch, and J.P. Morgan Securities.
Simmons & Simmons and Integrites have advised NBT, a Norwegian wind power developer and the largest foreign investor in Ukraine, on its successful negotiations for Engineering, Procurement and Construction contracts with China Electric Power Equipment and Technology Co, Ltd. for the 300 MW second stage and 450 MW third stage of the Zophia Wind Park in Ukraine (“Zophia II” and “Zophia III” respectively).
GoLaw has successfully represented Vita Solar LLC, a Ukrainian subsidiary of TIU Canada, in criminal proceedings.
Vasil Kisil & Partners has launched a new Anticorruption practice to, as the firm explains, “respond to the current challenges and growing demand among clients.”
The Ukrainian legal market is living in times of change and promise. Being a successful law firm in Ukraine is not an easy task, but for those who know the rules, the changing landscape presents more opportunities than threats. So, what does the Ukrainian legal market look like now?
Integrites has successfully defended the interests of corrugated packaging manufacturer Dunapack in Ukraine's Fifth Administrative Court of Appeal in Odessa.