News date: 3 July 2017
For the third year in a row, Ilyashev & Partners Law Firm has affirmed its leading positions in Litigation and Bankruptcy practice areas. The Firm was included into the list of Top-3 law firms in the spheres of International Trade, Aviation, Maritime & Shipping according to the results of 15th national independent research Ukrainian Law Firms 2017. A Handbook for Foreign Clients. The Firm has been also listed among Top cross-border litigation law firms for the first time.
Among the leading individuals of the Firm are:
• Mikhail Ilyashev tops the ranking in Litigation;
• Roman Marchenko was acknowledged as Top-2 leading individual in Bankruptcy;
• Olena Omelchenko was recognized as Top-4 leading individual in International Trade: Trade Remedies/WTO;
• Roman Marchenko joined Top-5 leading individuals in Litigation and Aviation.
Among the recommended lawyers of the Firm are:
• Mikhail Ilyashev – Energy & Natural Resources;
• Roman Marchenko – International Arbitration;
• Irina Kirichenko – Intellectual Property, Pharmaceuticals/Medicine & Healthcare;
• Oleksandr Fefelov – Antitrust/Competition
• Andrii Konoplia – Bankruptcy;
• Leonid Gilevich – Labor & Employment.
The sizeable litigation team at Ilyashev & Partners has extremely well-established positions in dispute resolution, both domestic and cross-border. A significant part of projects are being tackled by the firm’s Moscow office. In 2016 the firm represented its long-standing clients State Enterprise Antonov, ArcelorMittal Kryvyi Rih, BTA Bank (Kazakhstan and Ukraine), FSC More, in various disputes. Among others, Creative Group was represented before High Court of England and Wales, as well as in two LCIA arbitrations, arbitration under ICC rules in Munich, the economic courts of Ukraine and Cyprus, in connection with disputes with an international consortium of banks under the management of UniCredit regarding the collection of loans from the group’s companies. RGC-Trading (Group DF) was supported in a dispute with the Odesa Port Plant regarding the recovery of debts for gas supplies. RCB Bank (Cyprus) was represented in a dispute with Foldale Trading Limited about foreclosure on mortgages and ProCredit Bank – in the process of debt collection under lease agreements in the territory of annexed Crimea. The team also represented the Port of Vitino, one of the largest northern ports in the Russian Federation, the only port in the White Sea that transports crude oil, in litigation related to bankruptcy proceedings, debt collection, disputing transactions concluded by the company’s former management, and acted on behalf of White Sea Oil Depot, the owner of the main assets of the oil terminals in te Port of Vitino. The team is led by Mikhail Ilyashev, managing partner, Roman Marchenko, senior partner, who are both highly recognized in court matters.
Ilyashev & Partners has an exceptionally strong bankruptcy standing, being referenced as a consistent practice, with geographical scope covering Ukraine and Russia. The network of offices is an advantage of the firm. The firm supports the bankruptcy procedure of Creative Group in a USD 660 million case; continued support of insolvency procedure of Sumykhimprom that is at the sanation stage. BTA Bank Kazakhstan instructed the firm to represent its interests in the bankruptcy procedures of several corporate debtors in the Russian Federation. Some other clients of the practice include Okean Shipyard, FSC More, Inter-Risk Ukraine, Mikhailovsky GOK, Port of Vitino, White Sea Oil Depot. Roman Marchenko received solid praise from peers for consistency and performance in sound cases. The sizeable team includes Andrii Konoplia, Vadym Kizlenko, Mykola Burtovyi, Lesya Samarina, Oleksandr Denysenko.
International Trade: Trade Remedies/WTO
Ilyashev & Partners develops its international trade practice with new instructions on representation in anti-dumping and safeguard investigations, licensing issues, sanctions, market access, customs. The firm currently handles representation of ROSHEN, Kharkiv Biscuit Factory PJSC, Confectionary Corporation AVK, PJSC Poltavakonditer, in the anti-dumping investigation against import into Ukraine of confectionery from the Russian Federation. Another important case was acting for UAN in a safeguard investigation against import into Ukraine of pliable porous plates, blocks and sheets from polyurethane foams irrespective of the country of origin. The firm’s client list includes ArcelorMittal Kryvyi Rih, AGC Glass Company, Noble Group, Ukrplastic, FSC More, OSCAR Production Group. Olena Omelchenko is primarily focused on trade law and earned solid feedback from peers.
Transport: Aviation, Maritime, Shipping
Ilyashev & Partners has a well-diversified practice as it present both in the aviation and maritime areas. The firm acted for its long-standing client, State Enterprise Antonov, in numerous cases: advised on restructuring of debts owed to the state on bonds of the Aviant Plant; protected their interests in the dispute with the Ministry of Defense of the Russian Federation on recovery of penalties for violation of terms under a state contract and represented the company’s interests in disputes with OJSC Aviakor Aviation Plant and OJSC Aviakor on recovery of losses under the License Agreement for the right to use the trade mark. Recent maritime highlights covered representation of Optima Shipping Limited in a dispute with Horndom Limited about non-fulfillment of the freight contract and protecting the interests of the ship-owner; Cormorant Maritime Limited in eight parallel arbitration proceedings at LMAA regarding the failure to pay the freight amount. In addition to the procedures before LMAA the firm also dealt with the arrest of ships in Georgia, Turkey and France and coordinated the provision of legal services in several jurisdictions simultaneously. Senior partner Roman Marchenko, known for his litigation performance, acts a lot in the transport sector.
Ilyashev & Partners Law Firm was highly acclaimed in other practices and spheres of law:
Ilyashev & Partners, guided by Mikhail Ilyashev, provides offering on various competition and antitrust matters, and is active in Ukraine and Russia. The firm acted for Ukrrichflot in obtaining merger clearance for acquisition of a stake in LLC Ekozerno, and represents Ukrtatnafta with regard to investigations by the AMCU of violations on exchange auctions for the sale of oil and gas condensate. The firm also provided merger clearance work in the course of acquisition of shares in BTA Bank Kazakhstan and NJSIC Oranta by a private investor and Kazcommerzbank (Kazakhstan). Oleksandr Fefelov is the head of practice, and is referred as an experienced practitioner.
Ilyashev & Partners is mostly known as a highly-specialized litigation and arbitration force, heavily involved in cross-border matters and criminal defence. The firm has a sizeable bankruptcy practice, and supports the sound bankruptcy procedure of Creative Group. Moreover, Creative is represented in the High Court of England and Wales, in LCIA arbitration, arbitration on ICC rules in Munich, and in commercial courts of Ukraine and Cyprus in disputes with an international consortium of banks regarding recovery of loans worth USD 80 million. Noble Group, Danone, KWS Ukraine, OLAM Ukraine, Agrein Group are also part of its client roster. Mikhail Ilyashev is the lead partner.
Banking & Finance/Restructuring
Ilyashev & Partners is active in restructuring and litigation, and is often enlisted for cross-border debt collection matters involving CIS countries. The firm advised SE Antonov on USD 49.4 million bond restructuring of Avian Plant before the state. BTA Bank Ukraine instructed the firm for advice on the buy-out of shares from minority shareholders of BTA Bank and to handle restructuring work with its corporate borrowers. The dispute resolution team acts for PZU Ukraine on challenging decisions by the National Commission on Regulation of Financial Services. Managing partner Mikhail Ilyashev is the primary contact.
Corporate and M&A
Ilyashev & Partners, a Ukrainian law firm that recently added a new office in Tallinn (Estonia), possesses recognized dispute expertise. The firm acts in high value shareholders disputes, property rights, corporate recovery and insolvency. The firm raised cross-border transactional visibility, corporate restructuring and reorganization. In the client list are BTA Bank, SE Antonov, Algol Ukraine, ArcelorMittal Kryvyi Rih, Group DF, Ukrplastic, Ukrrichflot, Winter Capital Advisors, Danone, ISTIL Management, OLAM Ukraine. It advises Port of Vitino on restructuring of the group of companies in order to minimize risks associated with its bankruptcy. Mikhail Ilyashev and Roman Marchenko are the main figures.
Criminal Law/White-Collar Crime
Ilyashev & Partners combine domestic and cross-border practice related to white-collar crime. The team’s recent experience includes legal support of international extradition of the former owner of BTA Bank, Mukhtar Ablyazov, to Ukraine and Russia from France. The form also currently acts in several extradition processes in England, the Czech Republic and Lithuania. In Ukraine the firm protects the interests of National Information Systems LLC in criminal proceedings on the facts of the incident at the Inter TV channel in its news service office. Attorneys are involved in representing officials agricultural holding in criminal proceedings regarding embezzlement through abuse of office. Mikhail Ilyashev and Roman Marchenko are responcible partners.
Energy & Natural Resources
Ilyashev & Partners is well-known for its dispute resolution work handled for respected oil and gas, infrastructure clients. The firm has recently demonstrated an extensive portfolio in international arbitration, litigation, competition, bankruptcy and restructuring projects. The firm acts for Ostchem Holding (Group DF) in the case of recognizing in Ukraine the emergency award ruled by the Arbitration Institute by the Stockholm Chamber of Commerce in the USD 246.5 million suit against the Odesa Port Plant. On the competition front, the team represents Ukrtatnafta in the investigation by the Ukrainian competition authority. The client list includes UkrGaz, UkrGazEnergo, LetterOne Group, Black Iron Inc., Hydro Energy Holding, Group DF, Ostchem Holding, TBC Energy LLC, Zhigermunaiservice LLP (Kazakhstan). Mikhail Ilyashev is the lead partner.
Ilyashev & Partners is primarily known for its dispute resolution skills, particularly IP litigations. Pharma, aviation, foods, cosmetics are part of the team’s industrial focus. Among the recent landmark projects are protection the intellectual property rights for “Mildronate” produced by Grindex in court proceedings. Notably, the firm acted as legal advisor to State Enterprise Antonov in disputes with OJSC Aviakor Aviation Plant and for OJSC Aviakor on recovery of losses under a licensing agreement for the right to use the trademark. Irina Kirichenko, patent attorney, is known primarily for successfully advising pharmaceutical companies. Mikhail Ilyashev, managing partner, oversees the practice.
The leading dispute resolution team of Ilyashev & Partners combines its domestic litigation skills and representation of clients in foreign courts and arbitration institutes. The firm represents SE Antonov in the arbitration dispute with Lybyan Arab Air Cargo in the ICAC at the UCCI regarding arrears for the maintenance of aircraft in Kyiv. Another highlight is representing the interests of the Creative Group in a number of international arbitrations and foreign courts proceedings in disputes with an international consortium of banks under the management of UniCredit Bank regarding the collection of loans from Group of companies. The firm represented shipowner Cormorant Maritime Limited in eight parallel arbitration proceedings at LMAA regarding the failure to pay for freight. The practice is overseen by partners Mikhail Ilyashev and Roman Marchenko.
IT/Telecommunications & Media
Ilyashev & Partners is renowned for its litigation capabilities acting for major TV channels. The team represented the Inter TV channel in a breach of contract dispute on the supply of satellite capacity by SpaceCom, an Israeli operator of satellite broadcasting. Other clients are represented in a range of commercial litigation, inter alia, debt collection and administrative appeals. Some notable clientele includes Ciklum, Datagroup, Sitronics Telecom Solutions, Horse Place Ltd. Managing partner Mikhail Ilyashev oversees the firm’s projects.
Labor & Employment
Ilyashev & Partners, as led by Mikhail Ilyashev, acts primarily for corporate employers on a range of employment disputes, also rendering advisory on comprehensive projects, confidentiality, labor safety, contractual matters. Some representative projects included representing SE Antonov during a series of labor disputes against the Ministry of Industrial Policy and its candidate regarding dismissal and further confirmation of powers of the President of SE Antonov; acting for VimpelCom on the collection, processing and protection of personal data of employees and clients. The portfolio of clients include: ProCredit Bank, BTA Bank, ArcelorMittal Kryvyi Rih, Embassy of the Czech Republic in Ukraine, Ukrrichflot, Federation of Trade Unions of Ukraine.
Pharmaceuticals/Medicine & Healthcare
Ilyashev & Partners is known mainly for acting on a great variety of disputes as led by its managing partner Mikhail Ilyashev. IP litigation is one of the firm’s key strengths. The active recent caseload includes representing Megainpharm GmbH in its court dispute with the Pharmaceutical Company Darnitsa regarding patent rights; acting for Omnipharm as for IP rights protection for a trademark that is well-known in Ukraine. In the past year the firm added to its portfolio export and import, regulatory, competition and distribution advice. For instance, the practice developed the delivery of medicines produced by Ukrainian company Biopharma to Yemen. Other active clients are Feron, VILAN, Takeda, Pharmacy of Hormonal Drugs, Business Centre Pharmacy, ERGO International, Valenta Pharm. Irina Kirichenko, IP lawyer with a vivid pharma focus, is recognized.
Real Estate, Construction, Land
Ilyashev & Partners renders advice to companies in various industries, especially high value litigation, sophisticated construction agreements and acquisitions. With a presence in industrial and infrastructural construction, the firm advised Ukrainian Chemical Products (Group DF) on the construction of the Stremygorod Mining and Concentration Complex in Zhytomyr region; advised OLAM Ukraine on the building of a grain terminal in Odesa region. The firm advised Czech Development Agency (CzDA) during construction of premises for educational institutions evacuated from the armed conflict zone in Eastern Ukraine. The practice currently represents one of the investors in the Respublika trade and entertainment center in a loan recovery dispute with a bank. Managing partner Mikhail Ilyashev heads the practice.
Tax and Transfer Pricing: Tax Litigation
Ilyashev & Partners is known primarily for its strong litigation capabilities and the recent expansion of its network of offices (the most recent one was unveiled in Tallinn, Estonia). The firm regularly acts on high value tax disputes, challenging tax assessment notices, restoration of the right to VAT credit and VAT refund, appeals against penalties. The firm represented State Enterprise Antonov in challenging USD 39 million of penalties and acted in court regarding settlement of arrears of around USD 3 million related to overpayment of income tax. In the advisory area the firm advised Ukrplastic on tax regime and customs duties during the import of equipment belonging to a Swiss company. Other clients of the firm include FSC More, ArcelorMittal Kryvyi Rih, BTA Bank (Kazakhstan and Ukraine), Apopharm. Roman Marchenko is lead partner of the practice.
The research Ukrainian Law Firms 2017. A Handbook for Foreign Clients is published in the English language and represents major Ukrainian law firms in key areas of law. The Handbook is a single source designed to assist foreign companies in choosing their partners by giving an assessment of development and achievements of the internal legal market. The Handbook is a project of Yurydychna Praktyka Publishing House.