Transport & Infrastructure
The Odessa-based ANK Law Firm is fairly visible through port infrastructure development and is involved in large scale projects in the region. The firm acted for LLC Brooklyn-Kiev in an investment project to construct a terminal on plant oils transshipment at the Bread harbor of Odessa port and Moebius Construction Ukraine Ltd in connection to the construction of first, second and a new part of the third line of sea channel in Port Yuzhny. Moreover, the firm represented Gloria Shipping Ltd in a dispute against ecological inspection of the Black Sea with regard to the defense of the shipowner of the merchant vessel Theresa Success and its interests in a case regarding palm oil overflow in Yuzhny Port. The team of ANK continues to represent the interests the passengers of the aircraft AN-24 of South Airlines crashed in the airport of Donetsk in February 2013 in the framework of a claim against the air carrier. Alexander Kifak, managing partner, advises extensively in the transportation and infrastructure sector.
A traditionally strong position in maritime and shipping is attributed to Interlegal, the Odessa-based law firm with a niche outfit. The professional team has a distinctive focus on contractual work, sale and purchase of vessels, high-profile disputes, as well as LMAA arbitration. The previous year was notable for representing cruise passengers with regards to reimbursement of compensations for damages because of the sinking of the Costa Concordia cruise liner. This team represented Concord Ltd in a dispute under the shipbuilding contract against VS CSY yard and acted for Emer Ltd versus Firstmar Shipping in LMAA arbitration on claim of cargo loss. Arthur Nitsevych, partner and key practitioner at the firm, has been singled out by peers for his experience and reputation. Artem Skorobogatov, Nikolay Melnykov and Natalia Myroshnychenko make up the professional fore of Interlegal.
Ilyashev & Partners continued to render sound advice to major industry players from maritime and aviation. Key highlights of recent time include advising Ukrrichflot, JSC Morye and other companies. The firm is known for providing legal services to aircraft construction companies, as SE Antonov, SE Plant 410 Civil Aviation, State Kyiv Design Bureau Luch. Managing partner Mikhail Ilyashev and senior partner Roman Marchenko oversee the practice.
The transport practice of Asters is particularly active in the aviation sector and transportation areas. Over the last yearAsters’team advised a leading Ukrainian low-cost air carrier in connection with the leasing of a newly-built Airbus A320-200 aircraft and provided assistance on a wide range of Ukrainian legal matters, including, corporate governance streamlining, personnel employment, outsourcing, training and licensing, obtaining work and residence permits for foreign employees, compensating employees and contractors, advising on taxation of airline operations. The practice is led by partner Vadym Samoilenko.
The Odessa-based Lexcellence Law Firm has akeen focus on the shipping field. The team provides ship owners, charterers, shipbuilders, cargo owners, P&I Clubs, marine agents and brokers, crew members and their families with legal advice on a daily basis. In 2013 the firm worked onprovidinglegal support to 25 Libyan firms and citizens which were delivered to Illichevskiy port by false documents instead of port of discharge in Libya under the appropriate bill of lading during thecarriage on board the merchant vessel (MV) FAINA. Furthermore, the team has given legal opinion to the London P&I, the UK P&I, the Swedish Clubs with regard to compensation in case of seafarers’ death, injury, disability, illness. The firm provided legal opinion to container lines, Britannia P&I and UK P&I Clubs regarding cases when the cargo was not collected by the consignee or cargo owner in port. The largest scale case of the shipping team include the representation of the owners of the MV Neftegaz 67, National Company Chernomornaftogaz and their P&I Club on the issue of settlement of compensations to families of the 18 seafarers who died in the collision of MV Neftegaz 67 with the bulker Yao Hai in 2008. Senior partner Vagif Mallayev is the main figure and well-known local maritime lawyer. Victoria Konograi, associate, acted as the firm’s key practitioner.
Vasil Kisil & Partners maintains a stable presence and diverse caseload in the transport and infrastructure sector.The firm advises a variety of industry players including Ukrautodor, Egis Ukraine, DuPont Pioneer, Hubei Changyang Hongxin Industrial Group, Mott MacDonald Limited. The recent transactional highlight was performed by the team of Yulia Kyrpa, partner, andincluded full legal support to FESCO, an integrated logistics, rail, and port operator with the assets in Ukraine, on senior secured notes offering. The team guided by Denis Lysenko, partner, rendered full legal support to AWAS Group, a world’s leading aviation leasing company, regarding lease and mortgage of two Boeing 737-800 and one Airbus A330-200 aircraft. Partners Alexander Borodkin and Oleg Alyoshin, and Vladimir Igonin, senior associate, have extensive experience of infrastructure projects.*
* In August 2014 five partners – Denis Lysenko, Mariya Nizhnik, Anna Babych, Oleksandr Mamunya and Yulia Kyrpa left Vasil Kisil & Partners and established Aequo law firm.
DLA Piper handles infrastructure and transport-related projects under the leadership of two partners, Oleksandr Kurdydyk and Natalia Kochergina. The team is currently conducting a major project as to the planned concession tender procedure in a Ukrainian port for a private Ukrainian port management company. Additionally, the team advised a major international trading company on the contemplated construction of an oil terminal near a Ukrainian port.
CMS Cameron McKenna is a notable player in terms of infrastructure projects. In 2013 the firm supported a major financial institution on a USD 62 million loan to a Ukrainian stevedoring company for financing the construction of a grain transhipment complex to be located on the territory of the Port of Odessa; assisted a leading agricultural company with due diligence in connection with construction of a grain terminal in Nikolaev Region and advised the client on potential acquisition of port related assets located on the Black Sea. The managing partner in Kiev, Daniel Bilak, leads the projects.
In 2013 the full-service law firm Arzinger focused on municipal infrastructure projects. The subsequent highlights included consulting Alter Energy Group on elaborating a cooperation structure of the client and municipal authorities with regard to concession/lease of a boiler house with further conversion of the facility from natural gas to wood biomass. Wolfram Rehbock, senior partner, works on the firm’s energy assignments and is known for his knowledge in the PPP.
Sayenko Kharenko advises a sizable pool of industry clients on a diverse range of projects. In particular, the firm advised a group of international banks related to the Eurobond offering by Far-Eastern Shipping Company, one of the largest Russian port owners; advised on Ukrainian competition law matters relating to the USD 300 million acquisition of a shareholding in EvrazTrans by Neftetransservis, one of the leading private freight rail transportation services providers in Russia; assisted with the implications of the Ukrainian competition law relating to the acquisition of StalTrans by Freight One. In the aviation field, the team advised on the financing and enforcement of a mortgage against a foreign registered aircraft operated from Ukraine as well as on customs and tax issues of leasing a foreign registered aircraft to a Ukrainian customer. The firm’s lawyers are actively involved in the development of the legislative framework regulating public-private partnership (PPP) projects in Ukraine. One of the firm’s counsels is heading a parliamentary working group on amending the Public-Private Partnership Act of Ukraine and is a member of a government working group tasked with developing Ukrainian legislation on road concessions. Nazar Chernyavsky and Vladimir Sayenko are the key contacts.
Lavrynovych & Partners is a preferred legal counsel for state finance deals and dispute resolution. Throughout the past year the team acted as Ukrainian counsel to the State Administration of Railways Transport of Ukraine with regard to the issue of USD 500 million Eurobonds. The team of litigators represented Swissport International Ltd in Kiev Court of Appeals and Higher Commercial Court of Ukraine in a dispute against JSC Ukraine International Airlines.Partner and practice head Iryna Marushko and associate partner, Olena Zubchenko, are the primary figures.
ILF, a Ukrainian law firm that is a key player in Kharkov, advises a variety of industry players, including airports. Recentlythe firm renderedlegal consulting to the International Airport Kharkov on various issues related to management of the municipal integral property complex. Olena Parkhomenko and Olena Khytrova are the main point of contact of this team.
In 2013 Integrites enjoyed a busy period of its dispute resolution practice, which is headed by senior partner Vyacheslav Korchev. His teamrepresented Aerosvit airlines in ICC arbitration in a dispute with aircraft repair facility and acted for State Enterprise Plant 410 CA in a complex dispute with a member of the State aircraft constructing consortium Antonov.
Gramatskiy & Partners is predominantly settled in the infrastructure area.The main infrastructure projects are dedicated to the reconstruction of objects of communal services and delivery of associated manufacturing equipment. The client list includes Teploengineering Ltd, Danfoss Ltd, Ulma Opalubka Ukraine Ltd and others. Yuriy Zabiyaka, Igor Reutov, Olexiy Grishko are the main practitioners.
The newly established Marchenko Danevych law firm (as a result of the merger Danevych Law Firm and Ulysses), set up in December 2013, illustrated its commitment to the aviation vector. Over the past year the team handled representation of private individuals in air carriage disputes with Transaero Airline and American Airlines. The firm also handles various contentious and non-contentious matters derived from clients. Andriy Guck, senior associate, was appointed the practice head.
Misechko & Partners focuses on product liability and dispute resolution, including contractual disputes with suppliers and insurance. The team, as led by its managing partner Volodymyr Misechko, has delivered legal support to Panalpina World Transport Ltd in a project of debt collection from Pars Energy. It also assisted the client in a dispute over the claim from QBE Ukraine as to the collection of insurance compensation for damaged cargo. On the advisory side, the team advised the Kerch ship repair yard as to the points of suspension by the Ministry of Economy of Ukraine of a special sanction in the sphere of foreign economic activity. Andriy Kotyagin and Roman Sydorenko were especially active across the recent caseload.
The Kiev-based team of Peterka & Partners has a strong focus on supporting Czech business in Ukraine. Among the recent highlights is comprehensive legal advice to Czech transport engineering company Škoda Transportation a.s. in connection with financing a public procurement contract and advising on Ukrainian currency regulations. Nina Sydorenko is the main contact.
FCLEX law company demonstrates involvement in a number of significant projects and advising large industrial clients. The team, as led by Victor Barsuk and Vyacheslav Kraglevych,advised on establishment and USD 25 million financing of DDSG Shipping Ukraine, which operates a fleet of river vessels and transports goods down the Dnieper river to the marine terminals at the Black Sea. Moreover, the company advises a Dutch company, holding interest in the Ocean Shipyard (Nikolaev) in an USD 322 million complex multijurisdictional litigation over the Ocean shipyard. The company advises on a number of infrastructure projects, in particular, advised KievSoyuzShlyakhProekt, the engineering company, on two government tenders over construction of a highway bridge crossing in Zaporizhzhya as well as a subway bridge crossing in Kiev. The team is also involved into one of the most ambitious Ukraine’s infrastructure projects — construction of the pulp line for transportation of iron ore pellets from mines in Poltava Region to Odessa Region.
With strong dedication to tourism, Jurimex Law Firm possesses a solid share of contractual work between touristic operators and airlines. The firm rendered legal advice on organization of charter operations between MIBS Travel Ltd and JSC Join Up. Jurimex is a legal counsel of Travel Professional Group Ltd on execution of an agreement with the Wind Rose Company and Ukraine International Airlines on rendering air carriage services as well as on establishing exclusive agreements with the Emirates Airline. Vitaliy Izvekov together with Tatyana Prichepa,were involved in the projects.
Pavlenko & Poberezhnyuk Law Group is known for long lasting work on a sound crash dispute. The team, asled by Oleksandra Pavlenko, provided advice to Sibir Airlines (S7) in a USD 15.5 million dispute with the Ministry of Defense of Ukraine and Department of Treasury of Ukraine on recovery of damages in connection with the crash of a Tu-154 plane.
The Kiev office of Beiten Burkhardt1 advised Containerships Ltd Oy, an international container transport company, with regard to taxation of sea freight charges under Ukrainian law and respective double taxation treaties. The compact team of Andriy Kravets & Partners is active in transportation issues, including arbitration cases. Kartuzov & Partners, the Odessa-based niche outfit, is another point of reference by peers.
1 In December 2013 the office was closed and since 1 January 2014 the team of nine lawyers joined the Kiev office of Gide Loyrette Nouel.