Energy & Natural Resources
With an eminent presence in the Ukrainian energy sector over the last few years, the Kiev office of CMS Cameron McKenna enjoys a strong following of foreign and local energy majors. The practice experience comprises pivotal projects embedding advice on production sharing agreements (PSAs), M&A, commercial, contractual, regulatory, competition, construction, project finance. It operates across the mining, energy trading, electricity and power, utility areas. The Kiev team is among the most visible in the renewable market. Recent highlights include supporting Vestas on wind power projects, and Ekotechnik Czech s.r.o., on solar projects. The firm acted as expert on Ukrainian law issues for major oil company Tatneft in relation to international investment arbitration against Ukraine over an illegal takeover of the oil refinery Ukrtatnafta in 2007, which resulted in a USD 112 million award in damages from Ukraine. The dedicated practice team is particularly known for Vitaliy Radchenko, endorsed by peers alike, and Olexander Martinenko, renowned market authority. Other key team members who cover specific matters include Daniel Bilak, Sergiy Gryshko, Olga Belyakova, Volodymyr Kolvakh, Inna Antipova.
The Kiev office of Baker & McKenzie developed amultidisciplinary energy, mining and infrastructure practice group that benefits from cross-border capacities of the international powerhouse. The eight-lawyer team is sought by global and major national clients for a wide range of matters and is particularly known for a huge part of advisory work in the upstream sector, corporate and M&A, competition advice, finance, and international arbitration. The firm is instructed by the largest full-cycle metallurgical enterprise of mining and metallurgical complex of Ukraine ArcelorMittal Kryvyi Rih on various issues, including reconstruction of the gas cleaning system at a converter plant and regarding construction of a new oxygen plant. The office confirms its role on the market via high profile assignments on renewable projects. Serhiy Piontkovsky, managing partner, heads the practice group and is heavily involved in major privatization projects carried out in Ukraine within the power, steel, mining and industrial sectors, as well as energy regulatory advice. Market insiders endorse Olyana Gordiyenko, partner, who focuses on M&A and regulatory advice in the oil and gas industry. Ihor Olekhov specializes in project finance deals in renewable energy sector, electricity market and energy efficiency projects.
Asters is the top name among national legal counsels in the energy sector. The team is known for advising international and local players, state companies and government authorities. In the outgoing years the firm was among the major advisors on production sharing agreements, and advised State Company NAK Nadra Ukrayny in connection with negotiation of the PSA between Ukraine, ExxonMobil, Shell, OMV Petrom and Nadra Ukrayny for hydrocarbons to be produced at the Skifska block. The past year was marked with the workload comprised of a wide scope of transactional advice, exploration, project finance, commercial transactions, regulatory issues, and high-profile energy disputes. Among the recent highlights is advice to Eustream, a.s. (Slovak Gas TSO) on Ukrainian law matters related to reverse gas supply to Ukraine from the Slovak Republic; GESS Consulting Ukraine in connection with implementation of a number of energy efficiency and renewable energy projects. Highly respected market figures Armen Khachaturyan and Tamara Lukanina are supported by the enhanced team as the core figures of the energy team have seen promotions. Yevgen Kravtsov was promoted to partner and Yaroslav Petrov to counsel. The practice was strengthened with Ievgen Gusiev, of counsel, who commands experience in power generation and distribution, natural resources, oil and gas, telecommunications and transport.
Energy practice remains one of the key strengths of the Kiev office of Dentons, covering M&A and banking transactions, upstream oil and gas, nuclear projects, mining, contractual and tax issues, regulatory and dispute resolution. Empowered with its international reach, Dentons enjoyed cross-border finance mandates. The office is known for its dedication to nuclear energy, in particular its ongoing advising of the most ambitious project to construct a nuclear fuel plant acting for a Russia-based TVEL Nuclear Fuel Company. Through its global expertise the firm increased its presence on the renewable energy sector. Clients include Cub Energy Inc., Kuwait Energy. In the summer of 2014 Myron Rabij, partner and practice head, joined the New York office as a partner at the Ukrainian desk in the USA, and continues to work at both the New York and Kiev offices. The team was strengthened with the hiring of Adam Mycyk, who joined the office as a partner in corporate practice group.
With its cross-border capacities and impressive clientele, Clifford Chance is well regarded for its energy practice by peers. The office in the Ukrainian capital is traditionally strong in handling finance projects, corporate and commercial advice. Among selected clients are the EBRD, Vitol Inc., Hawkley Oil & Gas. Jared Grubb and Olexiy Soshenko lead finance work. Dmytro Fedoruk is known for corporate and M&A work in the energy sector.
Arzinger has a diverse range of international clientele in the energy sector, as well as government authorities. Throughout 2014 the energy-related caseload included corporate, competition as well as taxation disputes. The firm represented an Austrian energy company on business restructuring and investments protection caused by temporarily occupied territory of Crimea. The practice has benefited from strong international arbitration expertise that became among major counsels in energy disputes. It represents the Ukrainian Ministry of Justice in two arbitration cases initiated by Korlea Invest а.s (Slovakia) and Ukrenergy Trade ZRT (Hungary) with respect to electricity supply. Arzinger remains very active in renewable projects, notably investors from wind and solar, including regulatory, commercial issues, investment protection, etc. Practice development was reinforced with active involvement in expert work for the industry regulator and became one of the founders of the European Ukrainian Energy Agency. The nine-lawyer strong team is now headed by the firm’s managing partner Timur Bondaryev. Maryna Ilchuk acts as practice development associate. Renewable focused partner Wolfram Rehbock left the firm.
In 2014 the ANTIKA Law Firm retained its active involvement in the oil and gas sector work as well as energy saving, energy efficiency, energy performance contracting. The team advises Esan Minerals Ukraine Ltd, on subsoil use, and became increasingly active in a wide range of disputes, including debt recovery under lease and sublease agreements, sale and purchase agreement, disputes regarding license agreements in oil and gas exploration and production, tax and customs disputes, damage recovery. With its intense focus on energy saving and efficiency, ANTIKA advises International Resources Group (USAID Contractor, Municipal Heating Reform Project in Ukraine); ENESA a.s. (Czech Republic); Nordic Environment Finance Corporation (NEFCO), as well as the World Bank and EBRD. In a recent highlight, the team acted as a senior legal expert of a consortium on the EBRD Public Sector Energy Efficiency Investment Programme — Energy Performance Contracting Project Implementation Unit For the City of Dnepropetrovsk project. The firm’s energy practice engages all partners — Alexey Kot, who is particularly known for his work on the latest PSA projects and active corporate work in the sector; Alexander Burtovoy with his extensive project finance credentials, real estate and construction. Andrey Kuznetsov runs litigation work for energy sector clients.
Sayenko Kharenko advised major sectoral clients on privatization opportunities as well as deregulation and financing infrastructure projects. The energy team acted for international lenders on a number of important financings to the energy sector companies, including Independent Petroleum Company, Energoatom and others for the total amount of over USD 5 billion. The firm’s energy lawyers also advised a potential buyer in relation to the anticipated privatization of Centrenergo, one of the leading power generating companies in Ukraine, and assisted a Canadian oil and gas company with establishing a joint venture with state-owned Naftogaz subsidiaries. The firm also reports increased demand from its clients for advice on regulatory issues in relation to international contracts on gas exploration and transit, regular and reverse gas supplies from Ukraine to international consumers. Furthermore, the team continued to advise the EBRD on the implementation of the Energy Service Company (ESCO) concept in Ukraine, investments into energy modernization, and improving the energy efficiency of public buildings and other public assets in Ukraine. Partners Nazar Chernyavsky, Vladimir Sayenko, counsel Konstantin Gribov, and managing associate Yuriy Draganchuk are the core members of the firm’s energy practice.
The Kiev office of Gide Loyrette Nouel has reinforced its energy practice with the arrival of a group of lawyers from Beiten Burkhardt, Its recent projects flow covered natural resources exploration, carbon emission trading, wide scope of electricity transactions, radioactive materials management, alternative energy. Among representative projects is advising Alpiq Group, Europe-wide active Swiss provider of energy generation and trading on various electricity trade issues, including review of the electricity supply and transit agreements, corporate and regulatory matters. The office demonstrates solid renewable caseload with a strong following from European and Chinese producers. The multidisciplinary group and international reach are the firm’s strength. The Kiev team works on cross-practices projects, in particular advising international financial institutions on financing projects of agricultural companies aimed at building biogas facilities and energy saving in Ukraine. The firm acted as a legal counsel to the EBRD as to matters of English and Ukrainian law in connection with a USD 25 million facility extended to Globino to finance construction of biogas plants and farms. WKN Windkraft Nord, ACP EUROPE, EIB, IFC are in the client list. The seven-lawyer team is guided by two partners, Bertrand Barrier (M&A and industrial investment projects)andDr. Oleksiy Feliv (energy, real estate, litigation and international arbitration). Illya Tkachuk, senior lawyer, is another key figure of the practice.
Avellum Partners has demonstrated an impressive portfolio of projects for a solid client base. The team was active in both transactional support and litigation, and covered projects of corporate restructuring and tax, joint ventures establishment, oil and gas regulatory issues. The team provided instructions to Ferrexpo, advising its Ukrainian subsidiaries on export financing and worked in a USD 400 million multi-party dispute over shares in Poltava Mining Refinery in Ukrainian commercial courts. The firm advised Chevron Philips Chemical Company in connection with obtaining merger control clearance for the acquisition by Solvay of Chevron’s Ryton® PPS business. The practice is led by two well-known partners, Glib Bondar and Kostiantyn Likarchuk. Peers note the firm’s managing partner, Mykola Stetsenko, for his corporate advice in the sector.
Egorov Puginsky Afanasiev & Partners Ukraine advises on various issues, ranging from production sharing agreements to joint investment agreements, cross-border investment schemes in energy sector, renewable energy projects, licensing and regulation, and international arbitrations. Recently, the team, as guided by partners Markiyan Kliuchkovskyi and Roman Stepanenko, advised an international energy company on various Ukrainian law issues, related to its operations in Ukraine and joint activities with Ukrainian hydrocarbon producing companies; a major European gas transformation company on Ukrainian law aspects of the contemplated natural gas reverse supplies to Ukraine from the EU, including comprehensive advice on licensing regime, procurements, gas balance regulatory and antitrust law. Among renewable highlights is a greenfield project in wind-energy production in Ukraine.
Vasil Kisil & Partners handles contentious and non-contentious projects. The notable long-lasting projects are advice toHubei Changyang Hongxin Industrial Group Co., Ltd China’s largest producer of electrolytic manganese, on acquiring shares in the Ukrainian company, which has special permits for the development of a manganese deposit in Ukraine. In 2014 the firm acted in a number of representations in international arbitrations carrying out representations of the beneficial owner of a ferroalloys holding and a network of fuel storage facilities and gas stations in Ukraine. Partners Oleg Alyoshin and Alexander Borodkin are lead partners.
AstapovLawyers international law group, with offices in Ukraine, Russia and Kazakhstan, is in charge of high profile cases mandated from international and national companies. The group is attracted by prominent energy players for a fully-fledged photovoltaic plants projects; distribution. Pricing, customs, regulatory advice, taxation, competition and corporate work fall into the group’s remit. The team, as headed by Oleh Malskyy, provides expertise on complex M&A support and corporate matters in oil and gas sector, accompanied with industry specific knowledge. Among significant ongoing mandates of the group is advising Great East Energy, Inc. on the purchase and sale of production assets in Ukraine; advising the seller on the USD 25 million sale of oil and gas assets in Ukraine to CUB Energy. The firm is a counsel to Energorynok on distribution, pricing and regulatory issues, and advises Enel S.p.A. on several regulatory matters in Ukraine and Russia. Oksana Kneychuk, partner, is another key figure of the practice.
Being known primarily for corporate, transactional and regulatory matters, DLA Piper maintains its presence in the sector. Among the landmark projects carried out by the Kiev team is full legal support to Dragon Capital, a major Ukrainian investment bank, with regard to setting up the first Ukrainian Gas Stock Exchange that has been functioning since late August 2014. The team prepared all the necessary template documents to be further used by traders and brokers, trading rules, rules for mutual payments, clearing procedures between the market participants. The firm advised Toshiba Corporation on its wind energy project in Southern Ukraine and advised a number of international oil and gas companies on their potential expansion. The practice is led by Oleksandr Kurdydyk, partner supported by senior associates Mykhailo Byelostotskiy and Dmytro Pshenychnyuk.
During 2014 the energy practice of Gvozdiy & Oberkovych was focused on investment projects and administrative proceedings. The team, as led by partner Sergiy Oberkovych, advised a major national developer in the EUR 350 million project financing to launch a hydroelectric power station in Equatorial Guinea; an Irish agribusiness in the EUR 350 million project financing from the EBRD to enable further development and launch of Krasyliv Bio Power Plant in Ukraine. From the renewable side, the firm handled analysis on the proportions of local content for individual equipment components, which will further enable introduction of the green tariff for electrical energy produced from biomass. Other notable engagements cover advising an Italian company on the development of a solar electric plant in Kherson Region. Maksym Lebedev and Iryna Kalnytska are the team’s key practitioners.
Ukrainian law firm FCLEX is active in dispute resolution, tax, corporate and M&A, financing, projects development, administrative law and regulatory compliance. The practice team enjoys streamlined development, servicing mining and processing enterprises, energy and generating companies. Among the standing clients are Ferrexpo, one of the largest iron ore producers in Europe, and energy companies Bilotserkivska CHPP, Komsomolska CHPP. Among the most significant projects of the past year are: legal support to Ferrexpo Finance Plc on liability fulfillment security to the client under a USD 500 million loan agreement; successful representation of Poltava Mining and Extraction Company in a USD 95 millioncorporate dispute with non-resident companies. The key figures are senior partner Viktor Barsuk, partners Viacheslav Kraglevich and Taras Poshuvanyuk.
Enjoying a number of petrochemical, agricultural and construction majors in its client list, MORIS GROUP is an experienced national player engaged in diverse plant projects, including biogas, heat energy, energy-saving, environment protection, and has a well established litigation offering. The team provided full-scope legal support to Ivano-Frankivskcement JSC in a USD 12.5 million investment project on energy-saving and environment protection technology adoption for a concrete production line, and in a project on electricity costs optimization; acted for Karpatnaftokhim LLC in a USD 45 million investment project of heat energy plant construction, and USD 40 million investment project of Verhno-Strutynske deposit salt-works, including a salt pipeline system. The litigation team represented LUKOIL (Odessa Oil Refinery PJSC) and Karpatnaftokhim LLC, in a number of tax and administrative disputes; LUKOR, a major petrochemical company in Ukraine, in a number of high-valued corporate disputes. The practice is led by three partners — Andriy Romanchuk, Taras Gerula, Oleg Parylyak.
KPMG Ukraine further deepens its industrial focus, providing compressive advice to leading international and regional energy players. The legal team headed by Tatiana Zamorska, director, continues to support its long-standing client Martifer (international PV plant constructor and operator), on PV plant projects in Ukraine based on EPC project delivery strategy. Other recent highlights included advice to the Belorussian Oil Company on cross-border settlements in Ukraine; support to a leading international contractor in energy infrastructure area on structuring of cooperation with Ukrenergo regarding construction of power substations. On the renewable front, Sergey Popov and Oksana Olekhova acted for a leading supplier of renewable energy equipment on various ad-hoc matters related to the supplies of equipment and structuring of operations in Ukraine.
Lexwell & Partners has a consistent flow ofoil, gas and energy clients, and is focused on developing their corporate strategies to address evolving regulatory policies and market conditions. Active since late 2011 work highlight includes advising Sumitomo Corporation on a project worth approx. USD 300 million implemented under the mechanism of the Kyoto Protocol to the UN Convention on Climate Change. On the corporate side, the firm advised Naftogaz Ukraine on various corporate issues. That is, restoration of control over Ukrnafta PJSC and distribution of dividends. Other representative clients of the firm are CRH Group and VS Energy Group. Andrey Kolupaev and Igor Nagai are the firm’s key figures.
The past year has been pivotal for Attorneys’ Association Gestors, which is known for EPC contracts work. The team headed by partners Vitaly Makhinchuk and Andriy Tsvyetkov represents the State enterprise National Project LNG-Terminal in relation to drafting of term sheet of the basic provisions for Preliminary agreement of freight, signed within the framework of the National Project “LNG Ukraine” between the company-foreign investor and the client (the project’s value is USD 900 million).
Grischenko & Partners is known for its international investment arbitration practice, notably recent energy cases. Sergei Voitovich, partner, represented the State of Ukraine in JSC Tatneft v. Ukraine under 1976 UNCTIRAL Arbitration Rules; and acted for the State Company Energorynok in its investment claim against the Republic of Moldova in line with the Energy Charter Treaty.
With established dispute resolution strength, Ilyashev & Partners is known for representation of Natogaz Ukraine and Ukrgaz-Energo. Recently the firm acted for Hydro Energy Holding in obtaining merger clearance for a large-scaled project towards hydropower plants. Mikhail Ilyashev, managing partner, is the key contact.
Meeting client’s demands in 2014, Ukrainian law firm ILF (Inyurpolis Law Firm), which has offices in Kharkov and Kiev,was especially focused on renewable and energy efficiency projects, including investors rights protection, tax preferences, financial issues. The firm advised municipal authorities on mechanisms for enlisting finance for local energy efficiency projects. The firm is conditioned by a strong roster of agricultural clients. The team, led by partner Serhiy Silchenko, works on a project to introduce renewable sources on the elevator of the Ukrainian agricultural group of companies called Uspekh.
Kibenko, Onika & Partners, a Kharkov-based local firm, is a vivid player for projects in the region. The team of the managing partner Olena Kibenko supported a process on allocation of land for waste disposal lignin, and also consulted a German company on the construction of a plant for the production of pellets from lignin.
Kharkov-based Shkrebets & Partnersenjoys a strong following of its regional energy clients. The firm advised the Kharkov Combined Heat and Power Plant No.5 concerning the regularization of relationships with National JSC Naftogaz Ukraine as for the assignment of right of demand, clearing debts and set-off at the market of the natural gas of the total amount of about USD 84.5 million. Some other assignments from this client included successful representation in the litigations with the municipal enterprise Kharkov Heating Services over USD 12 million in debts recovery due to the agreements of sale and purchase of heating energy. The practice is led by the firm’s partners Eugene Shkrebets and Yuriy Arukh.
International Legal Center EUCON has a developed expertise in tax litigation. Over the past year the team demonstrated an impressive track record of complicated tax disputes, among others representing such clients as Aviation Petrol Filling Station, JV Kerscher, Lysychansknaftoprodukt, Vostok, Oil Trade House. Key litigation forces of the firm Yevgen Petrenko and Volodymyr Bevza are led by a well-known tax professional, managing partner Yaroslav Romanchuk.
Jurimex Law Firm demonstrates mining expertise, regulatory and commercial work. Firm’s partner Oleksandr Shyshkanov advises Kyiv-South Plus LLC on development of deposits and land law issues. Marina Slobodnichenko, partner, supported Bokyung International Co., Ltd, on certification of the production capacities of a Ukrainian biofuel producer for further export.
Gramatskiy & Partners is focused on a broad base of commercial transactions, contractual and regulatory issues in such fields aselectricity production and distribution, utilities, energy saving technologies; restructuring and insolvency. The recent projects of this team were centered on comprehensive support to Danfoss Ukraine, ТМ DE-VI, SNT Ltd and other producers, importers and distributors of energy technologies and related goods and services. The team’s public and municipal infrastructure experience extended to legal support of Teploenergomontazh, Teploengineering and other customers. Other notable projects are support to biofuel, energy saving technologies, export operations. Yuriy Zabiyaka, Mykhailo Soroka, Oleksandr Koval are the key figures.
Oil and gas (energy) practice continues to be important in the Kiev office of EY. Its team acts inboth upstream and downstream. Throughout 2014 it handled tax, customs and deal support for several world’s leading oil and gas companies with respect to their PSAs with the state of Ukraine; advised one of the largest Ukrainian oil and gas companies regarding its restructuring to comply with European Energy directives. Albert Sych, partner and law leader in Ukraine, is a known name on the market. Other important figures are two directors, Iryna Kalyta and Borys Lobovyk.
Integrites, the Kiev-headquartered law firm with offices in Russia, UK and Kazakhstan, reports on constantly growing number of projects connected with energy sector in troubled Crimea. In 2014 the finance team as led by Vsevolod Volkov advises China Development Bank Corporation on USD multimillion ECA backed loans to 13 Ukrainian green energy companies.
Renowned in the Ukrainian market for itsvast tax expertise, WTS Tax Legal Consulting LLC (former KM Partners) was dedicated to corporate and tax structuring of projects in the power plant sector. The firm is customarily a point of choice for many sound names. Partners Alexander Minin, Maxim Oleksiyuk, Alexander Shemiatkin are the contacts.
With the established litigation market standing, in the past year LCF Law Group represented Arab Energy Alliance UA in a USD 38 million gas recovery dispute. Maksym Sysoiv from Marchenko Danevych was mentioned by peers as to his involvement in bio-mass projects.
Mr. Toms studied at Yale Law School (J.D., editor of the Yale Law Journal), Washington and Lee University (B.A., magna cum laude) Phi Beta Kappa, and Cambridge University (Magdalene College — Law Tripos). As an undergraduate, he also studied Soviet Studies for a year at the Institut d’Etudes Politiques de Paris.
Bate C. Toms is the Managing Partner of B.C. Toms & Co, which 23 years ago was the first Western law firm to open an office in Ukraine. He has since handled the legal work for many of the most significant transactions in Ukraine, including the largest acquisitions in the oil and gas and agricultural sectors. He recently acted as the sole Ukrainian legal expert for the largest arbitration event involving Ukraine, resulting in a USD 150 million award at the Permanent Court of Arbitration at The Hague based on claims for Ukrainian law violations occurring during a corporate raid.
Mr. Toms also handled the legal work for the first and many other large IPO’s for Ukrainian companies, a significant portion of all loans for Ukraine and the first successful foreign bank (EBRD) led Ukrainian project financing, as well as many of Ukraine’s largest real estate acquisitions and land development and oil and gas projects. B.C. Toms & Co also handles the legal work for a number of important agricultural companies. Prior to founding his firm, Mr. Toms was a partner for many years in London at a major multinational law firm.
He has written numerous articles on Ukrainian law and is the principal author of the ICC book “Doing Business with Ukraine”. In addition, he is the Ukrainian editor for the International Financial Law Rewiew (IFLR), the Journal of International Banking Law (JIBL) and the International Energy Law Rewiew (IELR) and is the Chairman of the British Ukrainian Chamber of Commerce (“BUCC”).
Agriculture, Energy, Real Estate and Construction and related M&A, Project Finance, Litigation and Arbitration
Ukrainian, Russian, English