Avellum has successfully defended the interests of PJSC A/T B.A.T.-Prilucky Tobacco Company — the Ukrainian subsidiary of British American Tobacco — in a dispute against the Antimonopoly Committee of Ukraine. The case was brought before the Northern Commercial Court of Appeal in Kyiv.
At the beginning of 2021, the Government of Ukraine published its decision No. 1581-p, dated 16 December 2020, on approval of the list of 102 investment projects prioritised by the State for 2021 – 2023 in such fields as culture and tourism, industry and manufacturing, energy, healthcare, transport, and sports. 76 out of 102 projects may be financed by investors, 47 of which – using a public-private partnership, including the concession framework.
The PSA law, despite its comparatively rare usage, complies with the best industry practices and provides the parties with enough instruments to ensure, that the signed PSA will suit their needs. At the same time, the PSA industry receives less attention from the State and, therefore, is less successful in Ukraine, especially comparing to the recent concession reform, which drew an unprecedented amount of foreign investments into Ukrainian seaport infrastructure.
Sayenko Kharenko and Latham & Watkins have advised joint lead managers Credit Agricole, J.P. Morgan, and Natixis on the USD 300 million 7-year 6.75 percent Eurobond issue by Kernel. The issuance was coupled with a tender offer to the holders of Kernel’s existing USD 500 million 5-year 8.75 percent Eurobond due in 2022. Avellum advised Kernel on Ukrainian aspects of the issuance, with Linklaters reportedly advising on matters of English and US law, Arendt & Medernach on Luxembourg law, and Borel & Barbey on Swiss law.
On 19 June 2020, the Verkhovna Rada of Ukraine adopted Law of Ukraine No. 738-IX “On Amendments to Certain Legislative Acts of Ukraine Regarding Liberalisation of Attracting of Investments and Introduction of New Financial Instruments” (“Law”). The Law implements the provisions of key European Union capital markets acts, including MiFID II, MiFIR, and CRD IV. The Law was officially promulgated on 15 August 2020 while the majority of its provisions will enter into force on 1 July 2021.