AEQUO is a Ukrainian full-service law firm, which has an extensive offering for infrastructure space, including project finance in municipal and corporate sectors, joint ventures in the terminal ports area, regulatory in railway infrastructure, as well as property disputes. The firm advised Kyiv City Council on the four loans to be drawn by the municipal services from the European Bank for Reconstruction and Development, which are essential for developing the infrastructure of the city of Kyiv; acted for Raiffeisen Bank International AG on extension of ECA-covered finance in the amount of approximately EUR 4 million for Autostrada, one of the leaders in the Ukrainian road construction sector. In addition, the team continued advising Lithuanian Railways (Lietuvos geležinkeliai), the country’s state-owned railway operator, on the legal, taxation and customs issues related to it entering the market, and covered all important aspects of the company’s prospective operations in Ukraine. The firm’s partners, namely Yulia Kyrpa, Anna Babych and Denis Lysenko, lead projects alongside their practice focuses.
AGRECA[1], a domestic infrastructure boutique, commanded long-standing expertise within the entire transport and infrastructure life cycle, primarily related to seaports and waterways, railways, airports and motorways. Being a strategically focused team, it is preferred as a legal counsel for major stakeholders – international financial institutions (IFIs), institutional investors, private business, sponsor-side companies (i.e., World Bank, PPIAF, International Finance Corporation, Global Infrastructure Facility, Ukrelevatorprom LLC (ADM Group). As the team is highly experienced in railways transportation, it took part in preparing a pre-feasibility study on realization of a concession project of the Lviv passenger railway station, conducting legal, regulatory and institutional analysis. Another highlight was providing legal support to the Georgian Industrial Group in terms of financial closure of the concession of Kherson Sea Port. The firm is highly called upon in giving legal support in privatization, and most recently represented the interests of the Transship group of companies in the privatization of state-owned Ust-Dunaisk Sea Trade Port. Partners Andrii Pidhainyi and Marina Sharapa are long-standing market players with unrivalled regulatory expertise.
Asters advises a wide array of international business on public procurement tenders, investment in railway and road infrastructure, water and waste utilities, recreation and social infrastructure, involvement of foreign contractors. The firm advised a 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, including construction and operational issues, tax structuring issues for a foreign construction contractor working in Ukraine through a permanent establishment and through a construction consortium. The firm has significant knowledge of public/municipal finance regulation, handling transactions representing IFIs. For example, Asters acted as a law counsel to IFC on EUR 13.7 million financing to the city of Kryvyi Rih, aimed at upgrading the city’s transport system by purchasing 15 new tramcars and updating existing ones as well as improving the environment by developing an urban transportation plan to promote types of alternative transport. Further expertise includes disputes under FIDIC contracts. Partners Oleg Boichuk and Iryna Pokanay lead projects in the infrastructure sector.
AVELLUM’s real estate and infrastructure practice offers deep sector specific knowledge, possessing a growing construction projects portfolio. The dedicated team is involved in advising projects on road construction, pipeline transport and municipal infrastructure. In addition, the firm is known for its strong experience in transactions, assisting international and big domestic business in their expansion activities. The firm’s partner Maksym Maksymenko is present across the main gatherings focused on investment in Ukraine’s infrastructure.
Baker McKenzie’s infrastructure, power and project finance practice brings strong expertise in relation to financing transactions for infrastructural projects, M&A, project development and sectoral regulations. The Kyiv office regularly advises on major deals in the infrastructure space, including acquisitions, joint ventures and development in the areas of ports and terminals, transportation and shipping. Co-managing partner Serhiy Piontkovsky heads the practice. Andrii Moskalyk, counsel, is focused on private M&A and infrastructure projects.
Being a point of advice for the biggest international investors in Ukraine, CMS Cameron McKenna Nabarro Olswang acts on landmark infrastructure M&A and joint venture deals, project finance, large-scale port terminals construction projects. The law firm advised Air Products on the establishment of a joint venture with ArcelorMittal for the construction of a new modern air separation unit at the ArcelorMittal Kryvyi Rih steel plant in Ukraine; supported MV Cargo on all aspects on the establishment of a joint venture with Cargill, a leading international agricultural company, and as part of the transaction MV Cargo constructed a new grain terminal in Ukraine’s Black Sea port of Pivdenny. Furthermore, the team advised the Export-Import Bank of Korea (KEXIM), an export credit bank from South Korea, on extending its secured USD 36 million financing to Grain Terminal Holdings in Ukraine. Close work with IFIs made the team a go-to firm for handling financing municipal infrastructure projects in Ukraine. The multidisciplinary team is guided by the office’s partners – namely Tetyana Dovgan, Graham Conlon, Natalia Kushniruk and Ihor Olekhov.
Backed by well-established global positions of the international law firm, the Kyiv office of Dentons advises on improving existing and developing new infrastructure in Ukraine. The team is known for its extensive energy practice, and further expertise in transportation, transmission and storage matters. The firm provided the International Finance Corporation with advice on the legal aspects of a market study of city utilities in Ukraine, which is conducted by IFC, including legal and regulatory analysis of PPP and concession projects in the water/wastewater, municipal solid waste and district heating sectors of Ukraine. Volodymyr Monastyrskyy and Adam Mycyk are the lead partners.
EY Ukraine is highly regarded for representing the government on landmark infrastructure mandates. The team’s completed assignments include a pre-feasibility study of the potential concession project regarding the First and Container Terminals in Chornomorsk Sea Port and development of the National Foreign Direct Investment Strategy for the Ukrainian Government (with infrastructure and PPPs as one of focus areas). The examples from the relevant portfolio included support with preparation of business models and feasibility studies for concession projects in Ukrainian seaports; pre-feasibility assessment of potential pilot PPP transactions for development of municipal healthcare facilities in Lviv. The practice team was active in shaping legislation, having acted on two-stage project for development of the legal framework and business model for water user organizations (WUOs) in Ukraine, advice on bankable options for investment in irrigation infrastructure, and support with launching pilot WUOs; preparation of the conceptual models and draft laws for airport and railway development funds in Ukraine. Associate partner Bogdan Malniev is referred for his experience in concession projects. Borys Lobovyk, Kateryna Oliinyk and Olena Zababurina are other team members.
Gramatskiy & Partners maintains a strong reputation in real estate and construction space as well as logistics, municipal, social and recreational infrastructure. The firm is experienced in advising full-circle construction of engineering structures, as well as privatization and PPP. Among its notable large-scale projects is acting for Seven Hills, a long-standing client of the firm, on construction of the Aeroport City office and logistics complex with developed infrastructure near Boryspil Airport along Boryspil Highway. The firm also rendered full legal support to Luxon LLC for the Platforma Residential Complex with the surrounding entertainment infrastructure Platforma Art Factory (Street Food, White Nights, Bazaar on Lesnaya Street in Kyiv). Furthermore, in 2021 the firm expanded its advisory in river ports infrastructure, having acted for VPG Agro Plus LLC in the course of repair and engineering works, purchase of unloading equipment in Shostakovo River Port, as well as reconstruction of a berth in the River Port of Mykolaiv. The firm’s founder, Ernest Gramatskiy, is the practice head. Igor Reutov and Mykola Voitovich are the key members of the infrastructure practice.
INTEGRITES regularly advises on a wide range of strategic projects in energy, urban transport, railways, heating, municipal infrastructure. The firm advises Ukrenergo on a PPP template agreement for public tenders as part of technical assistance to the Ukrainian Government; supported Wärtsilä on the construction of several generation and co-generation power plants worth EUR 1-2 billion and implementation of electricity supply security; advised QPartners, a multidisciplinary investment group, Ihor Sikorsky Kyiv International Airport operator, on concession of the airdrome part of the airport, which is owned by the municipality. The international business seeks support to the team with entering the Ukrainian market using public procurement instruments. In 2021, the firm was vividly active in advising social infrastructure projects in the healthcare sector. Dr. Oleksiy Feliv, managing partner, splits his guidance between the energy, real estate and infrastructure practices.
In June 2021, DLA Piper Ukraine joined Kinstellar and enhanced the infrastructure practice with a notable transactional track record encompassing presence across sea ports and terminals, roads and municipal infrastructure. Known for representing Qatari port operator QTerminals in the first ever and largest port concession tender in Ukraine, the team continues giving advice to operator QTerminals WLL on various land allocation matters, title registration matters, construction regulatory matters with regard to modernizing Olvia port. Among the transactional highlights of 2021 was advising Cargill on its acquisition of a 51% stake in the Neptune Grain Terminal in the seaport of Pivdenny on the Black Sea. Another significant mandate included advising one of Ukraine’s leading road-building companies, Automagistral-Pivden, with regard to the EURO 2.5 billion Krakovets – Lviv – Brody – Rivne motorway project. Counsel Oleg Matiusha is the head of infrastructure, referred for his hands-on concession experience. Real estate practice partner Natalia Kochergina is known for her strong transactional expertise.
Launched in early 2020, Robinson Patman law firm is involved in infrastructure projects, particularly transport infrastructure with expertise in rail, highways, airports and public transport. The firm’s areas of focus take in projects under the “Great Construction” program, including public procurements. For example, the team advised Consortium Lviv Transport Highways on implementation of a project for construction and operation of the first concession road in Ukraine along the Krakovets – Brody – Rivne route, ensuring legal support, advocating the client’s interests before the state authorities and key stakeholders. The firm advised BIT Braun Industrial Technology GmbH, an internationally operational venture engaged in providing engineering services and solutions for Process Instrumentation as a Siemens Solution Partner and sales of components for industrial equipment, on matters related to participation in public procurements in Ukraine. Dmytro Vidsota, managing partner, is the main contact.
Sayenko Kharenko commands a multidisciplinary infrastructure practice team bringing together transactional and policy drafting expertise in PPP and concession areas. The clients in the infrastructure sector include public transport agencies, railway operators, air companies, carriers, logistics companies, infrastructure developers, container shipping lines, cargo transportation companies. The firm has an outstanding track record in debt capital markets and project finance, regulatory, construction, dispute resolution and GR matters. Recent projects undertaken by the team include advising one of the largest U.S. contractors on a potential new road construction project in Ukraine; advising an investor on the potential project related to concession of a ferry complex in Chornomorsk; supporting a Fortune 500 company with respect to construction of a cement terminal in the city of Vyshneve. The ongoing litigation highlight is representing a Turkish contractor in arbitration proceedings with a municipal company in a dispute associated with the delay in completing construction works under the FIDIC-based contract within the framework of the EUR 360 million Dnipro metro construction project financed by the EBRD and the EIB. The firm’s counsel Volodymyr Yaremko is in charge of major projects, targeting also practice development function. Another key figure is Vladlena Lavrushyna.
Regional Counsel: Port Infrastructure
ANK Law Office, an Odesa-based law firm, plays the leading role in large-scale projects in ports and terminals on the Ukrainian market. Similar to previous years, the firm was focused on infrastructure projects in Ukrainian ports. For example, the firm rendered legal support to the Subsidiary Company Container Terminal Odesa, a member of HHLA Group, within construction of third and fourth start-up complexes of the container terminal of Odesa port and reconstruction of railway tracks on the territory of the Container Terminal Odesa for improving logistics and throughout capacity of the terminal; legal support to Brooklyn-Kyiv Port during realization of the project on extending the container terminal and quay line in the water area of Odesa port, and the project on construction and putting into operation of the second phase of the transshipment complex for grain cargoes. Clients include Metalsukraine Corp Ltd (GNT Group), Nika-Tera and Risoil. The practice is led by the firm’s founder, Oleksandr Kyfak, and supported by the team of Dmytro Kolodiazhnyi, Vladyslav Brig and Iryna Nogina.
Jurline, an Odesa-based law firm, is primarily focused on investment projects in seaports, including privatization, lease, joint activities, concessions, and other types of public-private partnerships. The port and terminal infrastructure offering is based on consistent experience in construction of port infrastructure facilities, lease of integral property complexes and privatization, construction and further launch of transshipment complexes and sea terminals in Odesa Region. Among the litigation highlights is successful representation of TIS-Mindobryva in the claim of South Affiliate of the SE USPA on termination of the contract for the use of the terminal’s sea berth. Selected clients include Illichivsk Grain Terminal, TIS-Grain, TIS-Mindobryva, TIS, TIS-Container Terminal (now DP World TIS Pivdenny), etc. The key names in the firm are Volodymyr Zubar, Oleg Kutateladze, Maxim Kapelist and Vitaliy Kutateladze.
Odesa-based law firm Legrant has grown its presence in major port infrastructure developments. The firm expanded its involvement in supporting large-scale investment projects in the seaports of Ukraine, in particular, it assists clients with construction of terminals, development of container terminals, state ports property lease, concession of terminals, reconstruction of berths and modernization of port infrastructure. In 2021 the firm advised on PPP projects in seaports. The team is also known for its strong litigation practice with an infrastructure focus, challenging decisions of regulatory authorities – Ukrainian Seaport Authority, State Property Fund, and has also vividly developed its GR practice. Tatyana Titarenko, managing partner, is the main figure at the firm.
[1] In February 2022 AGRECA became a part of Arzinger.