Heart of Infrastructure

“In its search for hard currency revenues Ukraine has to rely more on its geographical position and invest in its transport infrastructure — airports and roads, railroads and seaports. With a highly qualified and relatively cheap labor, a developed transport and communications infrastructure, and a favorable geographical location all make Ukraine attractive for those who are interested in this part of the globe. In the near future there could be significant investment opportunities for investors, both foreign and local, in the development of the transport infrastructure. In fact, Ukraine’s geographic location, communications infrastructure, and improving political and economic environment make it an effective transport corridor between the EU, Russia and the rest of the CIS. Despite the fact that the government understands the need to reorganize the transport industry, insufficient legal means were arranged in 2007. PPP (Public Private Partnership) operations in the port, shipping, rail and road sectors are coming,” Arthur Nitsevych, partner of International Law Service, says.

The Odessa-based ANK law firm is known for providing comprehensive legal advice in maritime law. Reconstruction of the container terminal in the Odessa sea port by the HHLA Company, a deal which was worth USD 300 million in total, was among the biggest deals of 2007. Alexander Kifak and Artyom Volkov are the firm’s main specialists.

International Law Offices is one of the leading legal firms in area of transport law and marine transportation, in particular. Clients include banks, insurance companies, shipping companies, international lines and carriers. In 2007, partner Arthur Nitsevych was included in the group of international consultants on the EBRD credit of EUR 26.5 million to a Ukrainian port secured by guarantees provided by the Ukrainian government. The company actively supports projects of public-private partnerships in Ukrainian ports (Odessa, Illichevsk, Ismail, Nikolaev, Kherson, Berdyansk, Sevastopol). In 2007 the International Law Offices organized and held the Third International Conference “Marine Practices: Sharing Experience” which was attended by about 150 delegates from 13 countries. The firm renders services related to the seizure of ships in Ukraine and abroad. The most prominent case in this area in 2007 was the settlement of the seizure of the Odisk Motorship in the port of Kerch, which was handled by Mykola Melnykov.

Apart from projects on development of ports and terminals, seizure of ships, representing the interests of insurance companies and P&I clubs and other classic types of maritime law, the firm renders services supporting the buying and selling of ships and yachts and their registration. The firm issues a series of brochures called “Maritime practices”. The first two issues were dedicated to the topics of “Yacht and yacht clubs” and “Sea accidents”. A separate area of practice is the release of seized transport vehicles (ships, yachts, cars) in connection with cases on trafficking when crossing the state border of Ukraine, which are handled by associate Artem Skorobogatov.

Ryzhyy Law Offices, and especially Vladimir Ryzhyy, are recognized by colleagues in the transport law practice. The main focus of the firm’s activity is aviation law. In 2007 the company’s lawyers represented the interests of the Aeroflot representative office in Ukraine and advised on transactions involving the purchase of aircrafts.

DLA Piper Ukraine has an extensive transport law practice within the framework of its finance and projects practice. The team advised a foreign investor in a joint venture equity/debt transaction involving the financing and construction of a new coal handling terminal at Yuzhny Port in Odessa and provided full legal support to a foreign investor operating businesses in ports with regard to a project to build a container terminal at Yuzhny Port. DLA Piper Ukraine also advised Boeing Capital on the lease of several aircrafts. Oleksandr Kurdydyk, Nataliya Fuklyeva and Pavlo Kazymirov are all constantly mentioned due to their performance in this field.

Integrites advises shipping companies, shipyards, transport and logistics operations, trading companies, insu rance companies and financial institutions. Iryna Kapalkina specializes in this field in providing comprehensive advice by representing them in the areas of maritime law; insurance; transport and haulage; defending client interests in courts; financing and industrial law.

In 2007 Arzinger & Partners advised a Ukrainian company on concluding leasing contracts to finance aircrafts. The scope of services included negotiating of lease and collateral agreements, legal opinion, registration of transactions with respective state registers and authorities (National Bank of Ukraine and others). Inna Laska manages such projects in the Kiev office.

Oleg Alyoshin, a partner of Vasil Kisil & Partners, has received excellent references due to his experience in transport related matters and is ranked among the leading individuals in this area.

Ilyashev & Partners law firm provides a huge spectrum of industry-related legal services. In 2007 the firm’s attorneys represented its major client, the Antonov Design Bureau, in its case against Air Foyle Heavylift and against Control and Audit Department.

The field of transportation, especially maritime transportation, is a developed practice at AstapovLawyers. The team of attorneys headed by managing partner Andrey Astapov assists and litigates on charter parties, bills of lading, laytime and demurrage/detention, CMR/CIM Contracts, maritime insurance and other transport insurance, loss/damage in transit. The team also represents cargo interests and has considerable experience of representing ship owners. AstapovLawyers was recently involved in a case regarding the arrest of a ship in Egypt. It also has experience of freight forwarding and the legal issues facing freight forwarders. This includes all types of FIATA documents: FCR, FCT, FBL (including amended FBL), and FWB.

The legal team of the Kiev office of Deloitte is experienced in advising on provisions and applicability of Incoterms rules and providing assistance in conclusion of transportation agreements. Vadim Voloschenko, Dmytro Pavlenko and Oleksiy Katasonov have highprofile practice in this field.

The Economics and Law Consultants Union headed by Igor Godetskyi conducts current support consulting in contract issues of transport companies as regards cargo and passenger transport.