International Arbitration team of INTEGRITES has successfully represented the client, Ukrainian operator of the biogas electricity power plant, in the ICAC arbitration against the German contractor.

The dispute arose out of the failure by the contractor to ensure proper commissioning and functioning of the client’s power plant. The Tribunal confirmed that the respondent had breached its contractual obligations. It also granted a major part of our client’s claim for damages and ordered the respondent to pay our client’s legal expenses in full.

Our team included Serhii Uvarov, Counsel, and Marina Ryashchenko, Senior Associate, under the supervision of Dmytro Marchukov, Partner.

INTEGRITES has a considerable experience in resolution of multi-jurisdictional disputes involving the CIS parties. We offer comprehensive services and solutions, including asset tracing, representing the clients in courts and arbitrations, as well as ultimate enforcement of judgments and awards.

INTEGRITES International Arbitration practice team, led by Olena Perepelynska, Partner and Head of CIS Arbitration, has successfully represented one of the leading metallurgical companies in Ukraine in USD 1,5 mln Swiss Rules (SCAI) arbitration against the Russian buyer.

The dispute arose out of the buyer’s breach of the supply contract and his failure first to deliver the goods, and later to return the advance payment received from the seller with reference to the alleged force majeure circumstances. The claims included significant amount of pre-award penalties and interest (for almost USD 1 mln), which the buyer unsuccessfully sought to reduce.

As the result, the Tribunal granted 100% of the INTEGRITES’ client claims.

Client’s interests were represented by Olena Perepelynska, Partner, Krystyna Khripkova, senior associate, and Anastasiia Iliashenko, associate (all – INTEGRITES International Arbitration practice).

INTEGRITES has a considerable experience in resolution of multi-jurisdictional disputes involving the CIS parties. We offer comprehensive services and solutions, including asset tracing, representing the clients in courts and arbitrations, as well as ultimate enforcement of judgments and awards.

One of the most respected international legal research – Chambers Global 2019 – highly distinguishes INTEGRITES professional achievements in Banking and Finance, Dispute Resolution and Corporate and M&A.

INTEGRITES Banking and Finance practice is ranked in Band 3. The publication also recognizes the firm’s partner Oleh Zahnitko in Band 4 of Banking and Finance practice praising his assistance to the international and domestic financial institutions with project finance and cross-border lending, experience in banking regulatory issues.

The ranking also acknowledges the firm’s Dispute Resolution practice (Band 4). Olena Perepelynska, Partner (International Arbitration) was recommended (Band 3) and  noted as a professional who “has a breadth of experience in international arbitration and cross-border disputes, where she regularly represents Ukrainian corporates. She enjoys solid praise from market sources, who describe her as a “very talented lawyer””. Dmytro Marchukov, Partner (Cross-border litigation) was recommended (Band 3) and praised for his noteworthy experience in a range of disputes, regularly advising clients on financial and corporate litigation mandates. He is also noted for his international arbitration practice. Sources praise him for his proactive approach and ”very sharp mind.”

Moreover, Julian Ries, Partner was recommended for Corporate and M&A – Germany in Foreign Expertise section and Corporate and M&A – Ukraine in Expertise Based Abroad section. “Julian Ries of Integrites assists German clients with Ukrainian governance issues, as well as advising Ukrainian companies on restructuring matters under German law. Munich-based Julian Ries of Integrites is highly experienced advising clients on cross-border transactions in Ukraine. His expertise encompasses M&A transactions, joint ventures and restructurings.”, – the Chambers says.

Chambers Global is the leading annual guide that covers over 190 countries across the world, recognizing the best firms and leading practitioners. It also includes Region-wide and Global-wide sections, which compare firms that have an expansive regional or global reach and carry out work across many jurisdictions.

INTEGRITES is the leading full-service law firm headquartered in Kyiv. Focusing on the CIS region, we provide clients with tailored legal solutions through our offices in Ukraine, Kazakhstan and Russia, as well as representative offices in Germany, the Netherlands and the UK. Extensive industrial expertise helps us navigate efficiently through the challenges of our clients’ businesses.

INTEGRITES is pleased to announce that the prestigious ranking World Trademark Review 1000 2019 acknowledges outstanding expertise of Daria Ganzienko, Head of Intellectual Property Practice.

Daria has a vast experience in intellectual property, media law and dispute resolution. She advises both domestic and international companies on all aspects of copyright, trademarks and patents, including representation of both plaintiffs and defendants in trademark and copyright infringement suits in state courts. Daria has handled numerous disputes on protection of reputation of leading companies, as well as protected the honor and dignity of well-known public figures. Among her major clients are such well-known companies as Farmak and Fornetti.

The WTR 1000 remains the only standalone publication to recommend individual practitioners and their firms operating exclusively in the trademark field, and identifies the leading players in 70 key jurisdictions globally.

INTEGRITES has supported NBT, Norwegian wind farm developer, on acquisition of shares in a group of project companies for development of 750 MW in Zaporizhzhia. Construction of the first phase is envisaged to start in 6 months’ time.

INTEGRITES roles was to conduct a full scope due diligence of the project companies, support in drafting, negotiating and closing with the sellers SPA and SHA, corporate and tax structuring of the transaction.

The firm’s project team consists of Dr. Oleksiy Feliv, Managing partner, Anton Babak, Senior Associate and Yulia Nikolaychuk, Junior Associate (both – Corporate and M&A practice) and Dmytro Kyselov, Senior Associate (Energy Practice).

Now INTEGRITES and NBT are working on evaluation of EPC contractors and wind turbine suppliers for these new wind farm projects.

The onshore wind project, named Zophia wind farm, will be developed by NBT together with Ukraine-based Venture Fund. At its full capacity, the Zophia project represents a total investment of approximately €1 billion and will consist of 180 wind turbines. The electricity generated from Zophia will be sold to state-owned company Energorynok, Ukraine’s wholesale electricity market operator and produce approximately 3,2 TWh per year. Once completed, it will become Europe’s largest onshore wind farm and will generate enough electricity to meet the needs of up to 400,000 households in the Zaporizhia region.

Joar Viken, CEO of NBT, stated: “This is our second utility-scale wind project in Ukraine, three times larger than our first one. The improved investment climate over the last few years, resulting from reforms in the energy sector in particular, gives us confidence to increase our investments in Ukraine. The Zophia project is Europe’s largest onshore wind farm with 750 MW capacity and a total investment of EUR 1 billion. NBT continues to work on increasing its pipeline of wind projects in Ukraine and expect to have 1,500 MW operational by the end of 2022. Being a first-mover in raising money in the international project finance market for utility-scale wind power projects in Ukraine, we are in a good position to replicate our story.”

Dr. Oleksiy Feliv, Managing partner at INTEGRITES comments: “We are pleased to see that foreign investors, such as NBT, choose Ukraine to implement their renewable projects. We believe that this project, as well as Syvash wind farm is a good proof that Ukraine is fit for foreign investments in renewables and that the framework corresponds to the investors’ expectations. After commissioning, these projects will contribute to clean energy and energy independence in Ukraine”.

As we have already mentioned in our previous press release, on January 23 in Davos NBT and Total Eren have signed framework agreement on attracting financing for Syvash Project (construction of one of the largest in Europe wind farms in Kherson Oblast, which will also be the largest one in Ukraine) for the total amount of EUR 260 million. The agreement envisages attraction of credit financing (over 70% of the total cost of the project) and own investment, in particular by NBT and Total Eren. EBRD Vice President Alain Pilloux, Joar Viken (NBT) and David Corchia (CEO of Total Eren) signed the agreement with President of Ukraine Petro Poroshenko in attendance.

INTEGRITES – is a regional full-service law firm, headquartered in Kyiv. Currently the Firm is the market leader in terms of the size of wind power projects we have been consulting on (2 GW in total), as well as transaction amounts that have been closed.

January 23, Davos.  NBT, our client, a Norwegian utility-scale wind power developer, and Total Eren, a leading renewable energy Independent Power Producer (“IPP”) based in Paris, have signed framework agreement on attracting financing for Syvash Project (construction of one of the largest in Europe wind farms in Kherson Oblast, which will also be the largest one in Ukraine) for the total amount of EUR 260 million. The agreement envisages attraction of credit financing (over 70% of the total cost of the project) and own investment, in particular by NBT and Total Eren. EBRD Vice President Alain Pilloux, Joar Viken (NBT) and David Corchia (CEO of Total Eren) signed the agreement with President of Ukraine Petro Poroshenko in attendance.

Financing of the Syvash project under the framework agreement will be performed by a syndicate of foreign lenders, including the European Bank for Reconstruction and Development (EBRD) and the Nordic Environment Finance Corporation (NEFCO). Further stages of the project envisage additional financing by foreign funds focused on similar energy projects.

INTEGRITES is acting as a local legal counsel and K&L Gates LLP is acting as international legal counsel for all aspects of the project including the acquisition, development, construction and financing of the Syvash wind farm.

“It is really iconic, since it is funded exclusively by international lenders. Project financing is extremely necessary for Ukraine, therefore we are convinced that this project will open the door for other similar projects and new investments. We are happy that the hard work over the last year culminated in the signing”, – said Dr. Oleksiy Feliv, Managing Partner at INTEGRITES.

“We are extremely happy that we can invest in utility scale wind farms that will power the sustainable future growth of Ukraine. The 250MW Syvash wind farm is just the start of our plans to invest a considerable amount of capital in our large pipeline of wind projects in Ukraine over the next two to three years. With improved business climate in Ukraine and success of this international project financing, we envision that private commercial institutions and international investors will see the benefits of investing in Ukraine. In addition, we foresee potential interest for Green Bonds to financing NBT’s pipeline of new wind projects in Ukraine. We look forward to working with the Government of Ukraine and our strategic partners to support our expansion plans for investing in wind power in Ukraine,” stated Joar Viken, CEO of NBT.

“We are very pleased to be working closely with INTEGRITES on this landmark project financing in Ukraine and look forward to working with the firm and other key stakeholders to attract more international finance into the renewable energy market in Ukraine. Reaching financial close on this deal has involved overcoming many challenges and is testament to the skill, experience and commitment of NBT and Total Eren”, said Alex Blomfield, Special Counsel at K&L Gates LLP.

We are proud to announce that INTEGRITES has been shortlisted in 2 categories by the Lawyer European Awards 2019: European energy and infrastructure deal of the year and European finance deal of the year. The results will be announced at The Lawyer European Awards ceremony March 19 in London.

INTEGRITES Energy Practice is well known and highly praised in international and local markets. We succeed in implementing complex projects in the renewable energy sector, which has experienced rapid growth over the past few years in Ukraine. INTEGRITES provides a full service advice to wind farm developers and operators, investment funds and financial institutions, on issues related to acquisition of project companies (legal due diligence, transaction structuring, M&A and closing); construction (drafting all types of documents required for construction of a wind farm under the FIDIC standards, obtaining construction permits) as well as project financing. INTEGRITES has been advising clients on different projects for over 2 GW in total.

INTEGRITES Banking and Finance Practice demonstrates strong positive dynamics both in the volume of client work and practice revenues. During the last year, B&F practice team has been working in close cooperation with real estate and energy & natural resources practices due to increased activity in alternative energy sector. INTEGRITES was first to succeed with project financing in alternative energy sector on a large scale. Our clients choose us, because we bring not only a solid legal advice but also added value into the project.

It is an honor for us to be handpicked by the Lawyer European Awards in two categories at the same time. This is the result of hard work of the whole team over the past year. We will continue to implement our strategy of strengthening expertise and raising standards to meet this recognition, comments Dr. Oleksiy Feliv, Managing Partner at INTEGRITES.

The Lawyer European Awards, one of the most prestigious awards, was introduced by respected British legal publication that first came out in 1987. The award was established to distinguish top achievements of Europe’s finest within the legal industry. Every year, listed law firms are evaluated by the judges including managing partners and CEO’s of leading companies. In 2019, 29 professionals of different practices participated in the panel of judges, thereby making the criteria of assessment more difficult.

INTEGRITES is a CIS law firm with offices in Ukraine, Russia, Kazakhstan and representative offices in the UK, the Netherlands and Germany.

INTEGRITES is happy to announce the promotion of Viktoriya Fomenko, Counsel and Head of Tax and Customs practice, to Partner effective from 1 January 2019.

Already before being appointed as a partner, Viktoriya was Head of Tax and Customs practice with 5 lawyers providing clients with full scope advice on tax and customs issues. She also successfully leads a number of disputes with State Fiscal Service of Ukraine with respect to tax and customs matters. Viktoriya is experienced in complex structuring of corporate businesses in multiple jurisdictions and structuring of private wealth of high-net-worth individuals.

Viktoriya has been recognized for her role in numerous headline-making deals, helping clients to achieve their legal and business objectives. She is well known for solution-oriented advice and provision of focused execution throughout each deal. In particular, Viktoriya has been advising EBRD, Turkish Airlines, Gerrom Invest Holding Gmbh, Dunapack, Dyckerhoff Cement Ukraine, Epiroc Ukraine LLC, VA Intertrading, Antonov State Company, Delphi Packard Romania S.R.O., Leoni Kabel GmBH, NBT, Novo Nordisk Ukraine LLC, PepsiCo Ukraine, Rush LLC and many others.

Viktoriya’s achievements are highly praised by international and local legal rankings. In particular, she is ranked among the best tax litigators in Ukraine by Tax Controversy Leaders and listed in International Tax Review`s Women in Tax Leaders (Ukraine). She is also known as a notable practitioner in Tax sphere (The Ukrainian Law Firms. A Handbook for Foreign Clients 2018 and Chambers Europe 2018).

Viktoriya Fomenko on her promotion: “Having previous working relationships with a part of INTEGRITES team, I was happy to reunite in 2017 and to take the lead of the practice. I am proud to become part of INTEGRITES partnership and grateful to INTEGRITES partners who supported and coached me as well as to my team. In a new role, I will concentrate on three strategic priorities: consulting, dispute resolution and structuring (corporate, tax structuring and private wealth).”

Oleksiy Feliv, Managing Partner, on Viktoriya’s promotion: “We are very happy that Viktoriya joined INTEGRITES. Her promotion to the partner was natural and expected. Through my whole legal career I have not met stronger professional in tax and customs law than Viktoriya. I am sure that Viktoriya` s promotion will contribute to the further development of the firm”.

Olena Perepelynska, Partner and Head of CIS arbitration practice at INTEGRITES has been included into the list of recommended arbitrators of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).

On December 20, the Presidium of the Ukrainian Chamber of Commerce and Industry (UCCI) has approved the new ICAC list of recommended arbitrators for 5 years. The list includes 125 arbitrators across 35 countries who are the leading practitioners and most respectful scientists recommended in arbitration by the international directories Chambers & Partners, Legal 500 and Who’s Who Legal.

Olena Perepelynska is a recognized expert in Ukrainian and international market in the field of international commercial arbitration, litigation and international trade. Since 2003, she has acted as an arbitrator and counsel in more than 110 arbitrations under the Arbitration Rules of the ICAC at UCCI, MAC at UCCI, ICAC at CCIRF, IAC at BelCCI, ICC, LCIA, SCC, SCAI, CAS, GAFTA, FOSFA, LMAA, UNCITRAL and others.

INTEGRITES team has successfuly defended interests of one of the largest sunflower oil and meal producers in Ukraine in a complex corporate dispute.

In the beginning of 2018, a minority shareholder of an oil extraction plant initiated a corporate dispute with the Turkish investors who had financed construction and development of the plant. The purpose of the lawsuit was to gain control over the business.

The corporate conflict was further complicated as the Client’s opponents continued to initiate groundless parallel litigations and criminal proceedings.

During the trial, INTEGRITES team of lawyers proved lawfulness of transfer of corporate rights to the Turkish investors and groundlessness of the plaintiff’s claims.

The Client’s interests were represented by Senior Associate Kristina Shyposha and Associate Marta Grunska from the INTEGRITES Cross-Border Litigation team.