INTEGRITES becomes the only Ukrainian law firm to receive recognition of two arbitration experts out of eight representing Ukraine in the international guide Who’s Who Legal: Arbitration 2020. The recently published edition of the guide acknowledges outstanding expertise of Olena Perepelynska, partner and head of International Arbitration at INTEGRITES, and ranks her one of the leading arbitration practitioners. For the third year in a row the guide recognises Serhii Uvarov, counsel, International arbitration and Cross-Border Litigation, among Future Leaders-Non-partners – an honour that is presented annually to young experts, aged 45 or under.
Serving as the President of the Ukrainian Arbitration Association and Member of the ICC International Court of Arbitration, and having over 16 years of experience in international commercial arbitration, Olena Perepelynska is one of the leading experts in the regional arbitration community. She focuses on international arbitration and cross-border dispute resolution, with particular expertise in agribusiness, retail, and natural resources. Since 2003, she has acted as an arbitrator and counsel in more than 120 arbitrations under the arbitration rules of the ICC, LCIA, SCC, SCAI, ICAC at CCIRF, ICAC and MAC at UCCI, IAC at the BelCCI, GAFTA, FOSFA, LMAA, UNCITRAL.
Who is Who Legal: Arbitration 2020 says that Olena Perepelynska is “an eminent arbitration practitioner”, distinguished as “a very dynamic and hard-working lawyer with a strong intellect”.
Serhii Uvarov focuses on the areas of commercial and investment arbitration, arbitration-related litigation and cross-border commercial litigation with particular expertise in energy sector, including renewables. He has been involved in arbitral proceedings under the LCIA, SCC, ICC, UNCITRAL, JAMS, LMAA, ICAC at CCIRF and ICAC at UCCI arbitration rules. He has represented Ukrainian state authorities and state companies before foreign courts and international tribunals. Serhii has also advised clients on transnational insolvency, fraud investigations including anti-bribery probes and enforcement of foreign judicial and arbitral awards in Ukraine. Since 2017, Serhii has served as the Secretary General of the Ukrainian Arbitration Association.
Who is Who Legal: Arbitration 2020 says that he “has great expertise and a very strong professional track-record” in arbitration. One peer commented: “Without a doubt, Serhii is a future star of arbitration in Europe.”
Since 1996, Who’s Who Legal has identified the foremost legal practitioners in multiple areas of business law. WWL features over 24,000 of the world’s leading private practice lawyers and 2,500 consulting experts from over 150 national jurisdictions. WWL Arbitration lists 1926 practitioners from 1267 firms in 97 jurisdictions across this practice area.
INTEGRITES successfully represented interests of the Ukrainian state enterprise “Ukrkhimtransamiak”, one of the world major operators of ammonia pipeline, in arbitral proceedings against a Russian chemical giant Togliattiazot with over USD 190 mln at stake.
This case stemming from the long-term contract for ammonia transit through the territory of Ukraine was referred to arbitration under the Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC) in 2017. INTEGRITES’ client initiated these arbitral proceedings, while Togliattiazot filed several cross-claims. Both parties sought revision of the contractual tariff for ammonia transit through the Ukrainian part of the pipeline “Togliatti – Odessa”.
The negative outcome of the dispute could have affected the global ammonia market, because the ammonia pipeline has no market equivalent and remains the major means of transportation of ammonia produced and exported by Togliattiazot (i.e. about 11% of global ammonia exports).
INTEGRITES secured an unprecedented award revising the transit tariff sought by its client. They also helped the client defeat all cross-claims with economic effect exceeding USD 180 mln.
Supervised by partner and Head of International Arbitration Olena Perepelynska, the project team included senior associate Krystyna Khripkova and associate Anastasiia Iliashenko. Throughout the proceeding INTEGRITES team worked closely with the legal department and administration of “Ukrkhimtransamiak”.
“The case proved to be challenging and requiring analysis and application of not only the Civil and Commercial Codes of Ukraine, but of many provisions of the Tax Code of Ukraine, CIS customs convention, Ukraine-EU Association Agreement, The General Agreement on Tariffs and Trade (GATT), Vienna Convention on the Law of Treaties and many other Ukrainian laws and international treaties. Both the nature and complexity of the case make it unique among those considered by the ICAC”, – INTEGRITES partner Olena Perepelynska commented.
INTEGRITES acted as local counsel to EuroCape Ukraine, an indirect subsidiary of LongWing Energy, a Luxemburg-based independent power producer operating renewable assets in Europe, in connection with the financing of the first 98 MW phase of a 500 MW wind farm in Zaporizhia region, Ukraine.
The first phase of the project build-out is financed by a mixture of debt and equity. The Overseas Private Investment Corporation (OPIC) is providing US$150 mln in long-term financing. The remaining project costs are financed by LongWing S.C.A, VLC Renewables and GE Capital’s Energy Financial Services. GE Renewable Energy will also supply the turbines for the 98 MW.
The first phase of the project is under construction and shall enter operation in the first quarter of 2020. The subsequent phases are intended to be finished in the course of 2020. The wind park when fully constructed is expected to reduce carbon emissions by more than 4.86 tons per year and provide 780,000 of households in Ukraine with electricity.
INTEGRITES was retained by the sponsors as local counsel on overall aspects of financing, construction, regulatory, corporate and other development matters related to the project. In particular, the advice included structuring, advice on capital and exchange controls, review of the project and finance documentation as well as complex advice on the FiT regime, the PPA and the grid connection agreement.
«We are delighted to see that this pioneering and large-scale wind energy project has successfully achieved the financial close. Above all, this project will have a positive social and environmental impact for the region and we are proud to have contributed to promoting the sustainable development of Ukraine”, – comments Igor Krasovskiy, partner and project lead at INTEGRITES.
«I am very proud to see INTEGRITES helping to implement the second wind farm project financing in Ukraine after the Syvash deal, closed by our team a few months earlier this year. I am sure that reaching financing for the remaining 402 MW will be as successful as this deal», – said Dr. Oleksiy Feliv, Managing Partner at INTEGRITES.
INTEGRITES team included, among others, Managing Partner Dr. Oleksiy Feliv (Energy and Real Estate), partners Igor Krasovskiy (Finance/Projects), Illya Tkachuk (M&A and Corporate), Viktoriya Fomenko (Tax and Customs law), counsels Serhii Uvarov and Gennadii Roschepii, senior associates Olena Savchuk, Inna Kostrytska and Yuriy Korchev, associates Oleh Kotliar and Victoriia Shvydchenko.
LONGWING ENERGY SCA is a European IPP platform which acquires, constructs and long-term operates onshore wind and solar parks in Europe. LongWing Energy owns a pipeline of operating and development wind park projects of approx. 900 MW located in France, Poland and Ukraine. The company has a growth strategy targeting additional markets.
INTEGRITES is a full-service law firm with headquarter in Ukraine. Particularly focused on renewables, the firm represents the biggest international clients with a cumulative commitment to 2 GW of wind and 500 MW solar power projects in Ukraine which ensures the firm’s leading position on the regional market. For more information visit www.integrites.com