CMS Cameron McKenna Nabarro Olswang possesses noteworthy expertise in the infrastructure sector, especially investment matters, corporate work and project finance. Over the last few years the infrastructure practice was focused on ports, including marine infrastructure, grain and container terminals. The Kyiv team continued to advise MV Cargo on a landmark for the port industry project, namely the establishment of a joint venture with Cargill and construction of a new grain terminal in the Black Sea port of Yuzhniy. Another benchmark in 2019 was advising TIS Group on the English and Ukrainian law aspects of a joint venture transaction whereby DP World, one of the world’s largest port operators, entered Ukraine directly for the first time. The firm consistently advises on municipal financings in Ukraine, and is called upon to support strategic industrial development projects. The multidisciplinary team is led by Kyiv partners Graham Conlon, Tetyana Dovgan, Vitaliy Radchenko, and new banking and finance partner Ihor Olekhov (joined from Baker McKenzie).

This past year saw Sayenko Kharenko secure a sizable workflow advising international financial institutions (IFIs), banks, construction and engineering companies, technical consultants and developers across a range of industry sectors, including ports and terminals, roads and rail, aviation and airports, municipal infrastructure. The team has extensive experience of managing projects supported by IFIs, as well as notable strength in handling projects under FIDIC. The latest high-profile projects include advising Swiss-Georgian-Ukrainian consortiums Risoil Kherson LLC and Risoil Olvia LLC in relation to their participation in pilot tenders for the concession of Kherson and Olvia sea ports; the largest impact-investment pioneer project in Ukraine, Promprylad.Renovation, involving the creation of an innovation center located at the site of a revitalized plant in Western Ukraine. The team acted on the benchmark M&A deal in the sector, having represented Orexim on the sale of a controlling stake in its grain terminal business to Posco Daewoo Corporation. The prominent banking and finance practice team is known for extensive practice of project financing to municipal infrastructure development. The industry team is led by partner Nazar Chernyavsky and counsel Volodymyr Yaremko.

Coupled with a strong international standing, the Kyiv office of Baker McKenzie has a roster of significant agrarian, investment and energy clients carrying out industrial infrastructure projects in Ukraine. The dedicated team acts for investors in ports and terminals, handling M&A and project development mandates. The firm is also preferred as a legal counsel for financing transactions for infrastructural projects. It is worth noting that the office advises the EBRD and the Ministry of Regional Development, Construction, Housing and Communal Services of Ukraine on reforming the construction sector’s regulatory framework, which effect infrastructure development. ­Serhiy Piontkovsky, co-managing partner and head of real estate and construction, leads the infrastructure practice group. Andrii Moskalyk, counsel, is another key practitioner, with the focus on energy infrastructure development transactions.

Highly-specialized Ukrainian law firm AGRECA confirms its sharp focus on transport infrastructure, constantly acting for international financial organizations and institutional investors in upgrading specific regulations. The team enjoys a legacy for its expertise in transactions involving state property, in particular, privatization, joint ventures, leases, public-private partnerships (PPP), including concessions. The firm took part, in cooperation with The Public-Private Infrastructure Advisory Facility (World Bank), in an  important project on reform of the port sector for attracting private investment, advising on the introduction of the Landlord Port administration model in Ukrainian ports; took part in preparing a pre-feasibility study on realization of concession projects of passenger railway stations in Ukraine; rendered legal support of efficiency assessment of a PPP project on development of a fuel terminal at State Enterprise Boryspil International Airport. Furthermore, the team has an extensive portfolio of projects counseling private business. For example, the firm advised agricultural holding Kernel on the PPP investment model. In addition, AGRECA has a well-established practice of GR and contributed to drafting of legislation. Highlights include recent GR projects in the railway transport sector, when the firm acted for Lemtrans (SCM Group) on tariff setting in rail transportation, legal aspects of activities of locomotive operations, investment and main sectoral risks. Both partners Andrii Pidhainyi and Marina Sharapa have unrivalled regulatory expertise of the sector and related investment aspects.

The infrastructure and public-private partnerships practice in EY Ukraine demonstrates involvement in landmark infrastructure projects. This past year the multidisciplinary team continued to work on comprehensive legal support of the two pilot concession projects in Kherson and Olvia sea ports, which moved on to a successful start of the tender phase. EY broadened its portfolio with the new IFC-led project on pre-feasibility assessment of the potential private  investment options in four regional airports in Ukraine — Lviv, Chernivtsi, Zaporizhzhia, Kherson. Albert Sych, Bogdan Malniev and Andrii Moskaliuk are the key practitioners.

The full-service law firm Arzinger supports construction and reconstruction projects and specific infrastructure sector litigation. The client base includes contractors, infrastructure operators, investors and financial institutions. The firm has offices in Kyiv, Odessa and Lviv. In 2019 the South branch acted on selected port infrastructure projects. The main contacts are Sergii Shkliar, founding partner, and the new head of the Odesa office, Victor Syzonenko.

The extensive client roster from public and private sectors and international financial institutions calls upon full-service firm Asters for representation in projects related to infrastructure development. The big team acts on various industry-specific issues, such as road construction, FIDIC agreements, water and waste utilities and social infrastructure projects, participation in public procurement tenders, complex antimonopoly cases in the transport infrastructure sector. Highlights of infrastructure development projects include advising the consortium of EMIT Group S.r.l. and Atzwanger in connection with a contract for the reconstruction of a water treatment plant in a Ukrainian city; advising Ateliers de France, construction and architectural company, with review of a general contractor agreement with a local employer in relation to construction of major rehabilitation-health complex next to Kyiv. The lead partners are Oleg Boichuk and Roman Stepanenko. Iryna Pokanay is in charge of financing mandates for infrastructure development.

AVELLUM is traditionally strong in M&A and related assignments within the infrastructure sector, including critical energy, waste, healthcare, rail transport and port terminals. Over the last couple of years the firm increased its profile of construction and reconstruction projects. In 2019 the team advised Investment Capital Ukraine on various regulative and real estate matters, which arose during the development of the largest solid household waste recycling plant in Ukraine in Zhytomyr. Maksym Maksymenko, counsel, runs the real estate practice and infrastructure projects.

Dentons has cross-practice expertise, particularly public law, banking and finance, real estate and procurement. The firm supports structuring investments in modern infrastructure and has unique experience of large scale public-private partnerships. The Kyiv office has prominent positions in the energy sector and is mandated to support strategic large-scale energy infrastructure projects. Another area of recent focus is ports and terminals infrastructure. Oleg Batyuk and Volodymyr Monastyrskyy are the lead partners.

DLA Piper enjoys its international brand name, being a port of choice for major infrastructure industry players. Over the past year the Kyiv team has continued to advise Hutchison on its infrastructure projects in Ukraine. The firm has also been taking part actively in new infrastructure mandates, which include among others, an energy independence project involving nuclear energy. The firm has also unique expertise in the aerospace and defense sectors and advises international and Ukrainian companies on groundbreaking and strategically important projects (joint ventures and PPP with investors from the USA, EU, Middle East, etc.). Partners Oleksandr Kurdydyk and Natalia Kochergina are in charge of finance and projects, real estate and construction, respectively.

Among the clients of Eterna Law are dredging, agrarian, companies connected with road construction. The firm advised on preparations for tenders on road construction by foreign companies; tender proceedings, construction of roads and related disputes, sector-specific regulation, rent. The team advised Ukravtodor, the State Road Agency of Ukraine, on the law on concession and Spacebit (UK) in support of the first British moon landing program and negotiations with leading Ukrainian enterprise in the field — Yuzhmash. The long-lasting ongoing project is advising Prime Investments on establishing a joint venture with Hutchinson Ports on investing in Ukraine’s port infrastructure. Corporate and M&A partner Oleh Malskyy runs the practice. Denys Kytsenko, who joined the firm in 2019, is another responsible partner.

Gramatskiy & Partners possesses an outstanding track record in the construction area, with an established portfolio of long-lasting projects for infrastructure development. The firm has particular regulatory expertise in the area of municipal and social infrastructure, attracting finance and structuring investments. The firm is known primarily for its key role in a project that is crucial for the capital city, on reconstruction of European Square in Kyiv, where the team continuously represents GRAAL LLC. Another well-known project is advising Seven Hills on the construction of an office and logistics complex called Aeroport City, with a developed infrastructure near Boryspil International Airport along the Boryspil Highway. Renowned real etate and construction lawyer Ernest Gramatskiy is very well connected with developers and contractors.

The Kyiv office of Kinstellar spreads out its activities in real estate and construction, including infrastructure projects and respective tendering process. The firm represented Qatari port operator QTerminals in its successful tender for the port concession project involving the Black Sea Port of Olvia. Among other areas of recent focus are municipal transport and social infrastructure. Counsel in real estate Oleg Matiusha is the main contact.

Ilyashev & Partners is mostly known for handling regulatory disputes. The firm successfully represented Bunge and COFCO in administra- tive disputes by challenging decisions passed by the Ministry of Infrastructure. A recent significant project included advising Busserk, a leading Turkish company in the administration of sea ports and stevedoring activity, on participation in the tender on transfer into concession of properties belonging to the state enterprises Kherson Sea and Trade Port and the Ukrainian Sea Ports Authority. In 2019 the firm opened an office in Odesa with head Sergey Nedelko (previously worked in ANK Law Firm). Mikhail Ilyashev is lead partner.

Marchenko Partners took part in one of the largest M&A port infrastructure transactions in Ukraine. The firm advised DP World on its investment in TIS Container Terminal, which envisaged acquisition by DP World of a controlling stake in a major Ukrainian stevedoring operator. The deal was handled by the corporate team headed by partner Roman Shulyar, who joined the firm this past year from Nobles.

Regional Counsel: Port Infrastructure

The Odesa-based firm ANK Law Office is a flagship legal counsel in ports and terminals infrastructure in Ukraine. The practice supports comprehensive large stake investment projects on a stage-by-stage basis. The team currently represents the Subsidiary company Container Terminal Odesa, a member of HHLA Group, in realization of another stage (valued around USD 91 million) of the investment project on development of the existing container terminal at Quarantine Mole of Odesa Sea Port. The team also supported the signing and fulfillment of a set of contracts on purchasing by Container Terminal Odesa of four new RTG cranes, including accessories and engineering and commissioning works from Liebherr. The firm renders legal support to LLC Sunshine Terminal, a member of Risoil Group, in the project to develop the grain terminal at the Chornomorsk Sea Port with a total value of USD 75 million. ANK continues to support China Harbour Engineering Company on projects in Yuzhniy and on dredging the water area in Chornomorsk’s sea ports. The experienced team consists of Artem Volkov, Dmytro Kolodiazhniy, Nina Kostiuk, Iryna Nogina. Oleksandr Kyfak has led the firm’s practice for many years.

Jurline, the Odesa-based law firm, possesses all-around expertise accumulated thanks to consistent support for the activities of sea terminals, including easements and rent of port infrastructure facilities, joint activities in sea ports, construction and modernization of port infrastructure facilities, hydraulic structures, dredging, etc. This past year the firm supported multimillion investment projects for the construction of port infrastructure facilities, lease agreements on integral property complexes and privatization. The team was involved in landmark for port infrastructure projects of 2019, and took part in designing, constructing and launching several transhipment complexes and sea terminals. Another area of focus is the passenger and public road transportation sector. Clients include renowned names: TIS-Container Terminal, MV Cargo, PJSC Severtrans, PJSC Odesavtotrans, LLC Vesta,SK Petroleum, LLC Teka (Sarmont Group). Volodymyr Zubar leads the big team, including partners Oleg Kutateladze, Maxim Kapelist and counsel Vitaliy Kutateladze.

The Odesa-based Legrant law company is known for its representation of port operators in Odesa port in their implementation of infrastructure projects there. The firm’s offering includes legal support of investments in the development of ports, regulatory assignments for construction of terminals and running activities in sea ports and leasing of state property. In 2019 the team succeeded in a series of antimonopoly instructions and regulatory disputes in port infrastructure. In particular, the firm represented major marine agents in their complaints to the Antimonopoly Committee to recognize the actions of the Ukrainian Sea Ports Authority (USPA) as abuse of monopoly position. Another highlight was representation of a large national stevedore in its dispute with the USPA for recovery of payment for a special berth access fee. Tatyana Titarenko is the main point of contact.