ADER HABER law firm is renowned for its extensive experience and dedication in providing comprehensive support for the expansion of land banks, encompassing share deals and managing property right issues. In addition, a large scope of work was addressed to tax litigation. Among the recent highlights is representing I&U Group, an agricultural holding engaged in crop farming and sugar production, in acquiring an incomplete construction from a municipal entity, with the right to purchase the underlying land plot from the local council; assisting Totland, a Ukrainian trader engaged in grain export, with carrying out an audit of the tax authorities. Clients include the Vinnytsia and Stratyn poultry farms, Elitne Research Farm of the Institute of Steppe Agriculture of the National Academy of Agrarian Sciences of Ukraine, MHP, Uman Greenhouse Plant. Oleksandra Fedotova, practice head and partner, possesses significant experience in the field of land and agrarian law.

With its long-term commitment to commodities trade and arbitration, AGA Partners serves as the exclusive legal advisor to prominent international and Ukrainian agribusiness holdings, handling all international trade issues arising from their business activities, including sale contracts governed by English law. The team is renowned for its successful track record in handling numerous GAFTA and FOSFA arbitrations, and currently advises on performance of trade contracts during the war and operation of force majeure and war risk clauses. Most recently, the team advised MHP on a number of legal issues in relation to the trade contracts concluded with different counterparties based on English law; assisted Agroprosperis in the course of negotiations with the counterparties from six jurisdictions on the delivery of cargos by vessels that have been blocked in Ukrainian ports by Russian army; Millcorp Geneve SA in all international trade issues that appear during its business activity under sale contracts as well as representing the interests of parties in numerous GAFTA arbitrations, etc. The sizeable team has two practicing partners on board – Iryna Moroz and Ivan Kasynyuk.

Asters covers a broad spectrum of legal concerns throughout all stages of agribusiness operations, representing clients in litigation and international arbitration, and providing guidance on trade, competition, and compliance issues. The firm has provided counsel to prominent domestic and international agricultural companies for years, handling numerous high-level transactions. During the research period the firm successfully defended MHP, one of the leading producers of poultry in Europe with one of the strongest food brands in Ukraine, in a dispute regarding enforcement of several grain sale-purchase contracts. The firm has a longstanding relationship with international financial institutions like the EBRD and IFC, serving as a Ukrainian legal advisor for financing deals involving agrarian and food enterprises. For example, the finance team acted as a law counsel to the EBRD on a secured loan of up to EUR 15 million to Ahrokompleks Zelena Dolyna, a member of Zelena Dolyna Group; advised the EBRD in connection with its EUR 10 million financing for Grain Alliance Group. The firm’s industry profile includes client assignments encompassing fixing and assessing damages caused by Russia’s war on Ukraine. The key practice leaders are partners Vadym Samoilenko and Gleb Bialyi, and Anton Sintsov, counsel. 

Baker McKenzie boasts extensive experience advising on agricultural production and soft commodities, representing both international investors and major Ukrainian agricultural holdings. Specifically, the firm provides counsel on M&A and joint venture transactions, competition matters, reorganizations, financing arrangements, structuring supply chains, land regulations, tax considerations, etc. During the research period it assisted agri-companies with various commercial, regulatory and trade compliance issues, and advised on force majeure issues related to the performance of supply contracts. The office is retained by international financial institutions (EBRD, IFC, Black Sea Trade and Development Bank, etc.) on their project finance transactions in agriculture, as well as by agrarian corporates to support their cross-border debt restructurings. Industry-related mandates are led by the respective partners. Viacheslav Yakymchuk heads the agricultural industry group in Kyiv. Oksana Simonova advises on competition matters, Lina Nemchenko guides projects involving real estate and construction matters, Hennadiy Voytsitskyi heads the tax practice.

ETERNA LAW boasts its international arbitration practice, representing agri producers and traders in various commercial and commodities arbitrations, particularly under GAFTA, FOSFA, LMAA, and the ICAC at UCCI frameworks. Its caseload includes disputes arising from soft commodities shipments, advising companies involved in the crop protection business on arbitration matters and liability restructuring, and disputes related to the delivery of goods and cargo conversion. During the research period the firm demonstrated a solid portfolio of arbitrations. For example, it represented an international trading company in a series of 17 GAFTA arbitrations against different well-known agricultural companies arising out of shipment of soft commodities; represented a major Kazakhstani domiciled agricultural trader called Astagra ltd in a dozen FOSFA arbitration disputes against several Belgian traders and subsequent freezing order proceedings in the High Court. International arbitration partner Eugene Blinov is the main point of contact.

The agricultural and land law practice at EVERLEGAL utilizes the expertise of corporate and M&A, banking and finance, commercial and dispute resolution practices. The agribusiness team is well-versed in resolving disputes of varying complexity, especially complex legal matters. In April 2023, the practice team successfully defended the interests of a regular client called Agromino in a legal dispute over land lease and brought about changes in judicial practice in this category of disputes. During the research period the team represented the Louis Dreyfus Company Ukraine in several court disputes; Agromino in more than 150 complex land disputes and criminal proceedings; Agro-Lan in a complex dispute regarding the restoration of lease rights on more than 300 hectares of land; Ukrlandfarming in several disputes with landlords regarding the invalidation of land lease agreements, etc. Svitlana Teteria heads the agriculture and land law practice. Andriy Porayko is lead partner.

Gramatskiy & Partners is sought after by a wide range of players in the agricultural sector, including agricultural producers, logistics companies, traders, and financial institutions. Its expertise covers various aspects such as sectoral acquisitions, corporate structuring, agrarian land regulation, leasing of land and production facilities, and structuring of cross-border export contracts. The firm also possesses specific expertise in areas like animal breeding, crop farming, agrochemical production, processing, and agricultural export. The team acted as a legal counsel of VPG Agro Plus LLC, on accompanying an investment program in expansion of production, the creation of new assets and the expansion of the land fund by more than 100,000 hectares, and the launch of a production line from the supply of a cutter to various markets of Ukraine, opening of production, obtaining permits and weather conditions, plant access, opening of stores, setting up lease agreements. The team regularly advises on contractual arrangements in the agrarian sector. The firm recently advised Ecozerno LLC and assisted with placing a pool of supply agreements and further export of wheat; acted for LLC MGT BLACK SEA on procurement and arrangement of a contract for the supply of grains. Andrii Trembich guides the industry within the firm.

Ilyashev & Partners has a significant portfolio of clients in agribusiness. The significant share of workload encompasses debt recovery under supply contracts, property rights, asset protection, insolvency, tax, contractual and regulatory disputes. Recent highlights include representing Syngenta on regulatory changes within the framework of Ukraine’s accession to the EU; Saltivsky Meat Processing Plant on the acquisition of rights to agricultural land in Kharkiv Region; Agro-Region Agricultural Holding on a dispute with LTG Cargo in connection with violation of the terms of delivering grain to Lithuania and recovery of damages due to non-fulfillment of obligations. COFCO Agri Resources Ukraine, one of the firm’s established clients, instructs the team for representation in various court proceedings. The firm has an office in Odesa headed by Sergey Nedelko, which is exceptionally well-rounded in maritime and shipping matters. The team recently acted for Louis Dreyfus Company Ukraine in a case of seizure of the m/v NORD VIGO on a maritime claim in connection with the refusal of the shipowner to issue a bill of lading after the completion of cargo operations on the vessel. Olena Omelchenko is lead partner of international trade assignments. Dmytro Hruba advises clients on land law matters.

During 2022-2023, INTEGRITES showcased a diverse clientele within the agribusiness sector, notably comprising major agriholdings, grain exporters and traders, as well as producers of sunflower oil and grain. The multidisciplinary portfolio includes finance and restructuring matters, M&A and competition advice, advising on force-majeure in martial law, tax disputes, etc. Selected representative projects in 2022-2023 include representation of the European Investment Bank in connection with USD 80 million complex restructuring for Agrofusion Group which has lost substantial assets (including production facilities) as a result of Russia’s invasion; advising a Ukrainian subsidiary of Savencia Fromage & Dairy, Zvenyhorodskyi Cheese Processing Plant, on various employment and human resources management issues in Ukraine. The firm’s recognized strength is comprehensive domestic and cross-border disputes, as well as international arbitrations. Throughout the research period the team was involved in complex multi-million cases, and has a solid portfolio of GAFTA and FOSFA arbitrations. The firm’s partners lead respective client assignments – Olena Perepelynska (international arbitration), Dmytro Marchukov (cross-border litigation), Viktoriya Fomenko (tax and customs), and Illya Tkachuk (corporate and M&A).

The Kyiv office of Kinstellar assists both national and international clients on corporate and transactional needs (financings, M&A transactions, restructurings, corporate law advice etc.); land and real estate issues; employment and labor law matters; dispute resolution. The firm’s portfolio encompasses comprehensive assignments on construction of agricultural infrastructure, damage recovery matters, termination of supply contracts, financing for agrarian enterprises. The key figures are Olexander Martinenko, head of the firm-wide dispute resolution services; Olena Kuchynska, corporate restructurings, corporate governance and M&A; Oleg Matiusha, head of the local infrastructure and transportation sector and of the local real estate and construction service line.

KM Partners possesses valuable experience in resolving disputes within the agrarian sector and in providing counsel on a wide range of contractual relationships. The firm historically excels in tax practice and advising agrarian clients on non-contentious and contentious issues, as well as sector specific matters. The firm recently provided legal due diligence of two companies which operate an oil-extraction plant and warehouse facilities for vegetable oils and grain products; supported one of the world’s largest grain traders in a case of cancellation of the refusal card for the customs clearance of goods. Partners Alexander Minin, Maxim Oleksiyuk, Alexander Shemiatkin are the main contacts.

Being primarily focused on advising agricultural producers and grain traders, Kosovan Law Firm handles representation in courts, advises on supply contracts and subsequent disputes, export of grain and oil products, land and tax law, M&A and financing. The firm handled representation of Grain Power in litigation regarding the collection of fines from the supplier for late delivery of wheat, and settling of the default situation regarding non-payment of corn delivered to Agroprosperis Trade. One of the firm’s clients, Bioenergy-Vinnytsia, is advised on concluding a contract for the supply of wheat to Veres LLC and the conclusion of an agricultural receipt for the specified amount as security; assisted with conclusion of the contract with Volochysk-Agro LLC, and provided settlement for of the conflict situation regarding the quality of sunflower oil from the Chernivtsi oil and fat plant. Clients include Druzhba-2020 LLC, Dnipro Private Enterprise, Balk-Trans LLC, Maxgrain International Limited, Quicktrans Services Ltd, Podilska Trading Company LLC, Olymp Farm, LLC Grain Tech Agro, Orsett Trading SA. Lead partner Anatoliy Kosovan is the main contact.

Redcliffe Partners is recognized among top counsel handling financing Ukrainian agribusiness. The team is traditionally retained by lenders – international financial institutions and banks. For example, the firm advised the DFC, IFC and EBRD on the transaction of financing for MHP, the leading Ukrainian and significant European-wide poultry producer, to refinance its Eurobonds, as well as to sustain its operations and enhance its capacity for sustainable power generation, minimising its environmental carbon impact; advised the EBRD on financing of up to USD 100 million for MHP. Olexiy Soshenko is highly regarded as one of the top banking and finance lawyers in Ukraine, recognized for his expertise in managing large-scale lending transactions.

The scope of Cherkasy-based Rezultat Law Firm encompasses M&A agreements to increase land banks, allotment of agricultural plots, litigation support regarding land plots equipped with land reclamation facilities, and applications to attract grant funds for small and medium-sized farms. The research period was marked with the renewal of the lease right of Adana-3 LLC on the strategically important land plot; land use rights for the Agro-Rezultat agricultural enterprise with total area of 135 hectares were legally formalized; the dispute between Trizovagro agricultural enterprise and Ceed Corp agriholding, which resulted in the consolidation and efficient use of about 300 hectares (including irrigated fields). Liubov Polishkevych, head of the practice, is the main contact.

Sayenko Kharenko consistently represents both domestic and international agricultural companies in significant M&A transactions, finance and capital markets mandates, as well as tax, regulatory, and IP matters. Its notable experience extends to international trade and international arbitration projects. Being the leading counsel for banking and finance mandates, the team is preferred by banks and international financial institutions. Selected project highlights for the period under research include acting for the IFC on the EUR 20 million risk-sharing facility for each of OTP Bank and OTP Leasing to be extended to medium-sized enterprises across Ukraine, especially those in agribusiness or women-owned businesses; the EBRD on providing a USD 30 million secured financing to Astarta, one of the leading agro-industrial holdings in Ukraine; EFSE on providing a loan of EUR 20 million to Credit Agricole Bank to support agricultural producers and farmers. The tax dispute team acted for Agromino group in several tax disputes; Eurofins Agrotesting Ukraine in several tax disputes with a local tax authority and others. Recent arbitration highlights include acting for MHP Food Trading LLC in arbitration proceedings against a buyer based in Hong Kong. The industry-related projects are led by partners – Oleksandr Nikolaichyk (corporate and M&A), Igor Lozenko (finance), Vitaliy Odzhykovskyy (tax), Anzhela Makhinova (international trade), Olexander Droug (arbitration).

Ukrainian arbitration-litigation boutique ARBITRADE* is recognized for its exceptional expertise in agricultural commodities arbitrations conducted under GAFTA and FOSFA. AVELLUM* is noted for its vast experience in supporting significant corporate transactions related to agricultural assets, and various finance matters.[1]

[1] The firms marked with an asterisk (*) have not submitted information for the current research. Their market presence and key competencies were noted during in-depth interviews.