Industrial And Manufacturing

We have substantial experience advising clients in various sectors of the industrial and manufacturing business, including metals, chemicals, building materials and construction, machinery, feed, aerospace, and defence.

We take the time to understand the objectives of our clients and structure of their business. We know the challenges that they face. We utilize this knowledge to deliver pragmatic and commercially driven solutions that help them enter, grow, and defend their markets.

We are proud to have acted for and across the table from the leaders of the sector: Ferrexpo, Donetsksteel, and Metinvest in metals, Lafarge, Holcim, and Asamer in building materials, Bosch and Stihl in manufacturing, and many other blue-chips of the industry.

Key experience

Developed and implemented dispute resolution strategy in multi-party dispute over shares in Poltava Mining Refinery

400

Min USD

Legal Advisor to Ferrexpo AG, subsidiary of LSE-listed Ferrexpo Plc

Advice in respect of dismissal of CFO

Legal Advisor to Andreas Stihl

Eurobond issue of 8.375% guaranteed notes due 2026, admitted to listing on the Luxembourg Stock Exchange

300

Min USD

Legal advisor to Interpipe Holdings Plc

Dual-currency Eurobond issue and tender offer

834

Min USD

Legal Advisor to Metinvest

Related materials

Newsroom

AVELLUM ADVISES ON SUCCESSFUL PRIVATISATION OF BILSHOVYK PLANT

AVELLUM acted as the legal counsel for the privatization of the Joint Stock Company “First Kyiv Machine-Building Plant” (“Bilshovyk Plant”).

Posted on August 18, 2022

AVELLUM ADVISES ON SUCCESSFUL PRIVATISATION OF BILSHOVYK PLANT 13 JANUARY 2022

News

AVELLUM ADVISED VOLT RESOURCES LIMITED ON ACQUISITION OF 70% STAKE IN ZAVALLIVSKYI GRAPHITE GROUP

AVELLUM provided full legal support to Volt in negotiations and drafting of the transaction documents and coordinated completion of the entire transaction. We also performed legal due diligence of the ZG Group.

Posted on August 18, 2022

AVELLUM acted as the legal counsel to Volt Resources Limited (“Volt”) on the acquisition of 70% stake in the Zavallivskyi Graphite Group (“ZG Group”). Volt is a graphite and gold exploration and development company listed on the Australian Stock Exchange. AVELLUM provided full legal support to Volt in negotiations and drafting of the transaction documents and coordinated completion of the entire transaction. We also performed legal due diligence of the ZG Group. Trevor Matthews, managing director at Volt, commented: “Following this transaction, Volt has the potential to become a key market participant in the supply of graphite and battery anode materials into the growing European market with excellent access to other markets in the US and the Middle East”. Mykola Stetsenko, the managing partner at AVELLUM commented: “This acquisition by Volt signifies an increasing interest of foreign investors in Ukraine. It also underscores the strategic importance of Ukraine in the battery production chain of the growing electric vehicle industry”. Volt is focused on the exploration and development of its wholly owned graphite and gold projects in Tanzania and Guinea and now Zavallya (Ukraine), and the identification of further assets globally. The ZG Group operates a long-life graphite mine and processing plant with a nameplate capacity of up to 30,000 tonnes per annum, producing graphite products across the range and has the potential to significantly increase its high-value large flake production. AVELLUM team was led by managing partner Mykola Stetsenko with support from partner Maksym Maksymenko and associates Daryna Mykhailenko and Andriy Kornuta.

Newsroom

AVELLUM ADVISES INTERPIPE ON USD300 MILLION EUROBOND ISSUE

AVELLUM team was led by senior partner Glib Bondar with significant support from senior associate Anastasiya Voronova and associates Oleg Krainskyi, Anna Mykhalova, and Mariana Veremchuk.

Posted on August 18, 2022

AVELLUM acted as the Ukrainian legal counsel to Interpipe Holdings Plc (“Interpipe”) on USD300 million issue of 8.375% guaranteed notes due 2026. The notes were admitted to listing on the Luxembourg Stock Exchange. Goldman Sachs International and J.P. Morgan acted as joint lead managers and bookrunners of the Eurobond issue. Interpipe is a global producer of steel pipes and railway wheels products, based in Ukraine. The company’s products are shipped to over 80 countries worldwide via a network of sales offices located in the key markets of Ukraine, Europe, North America, and the Middle East. AVELLUM team was led by senior partner Glib Bondar with significant support from senior associate Anastasiya Voronova and associates Oleg Krainskyi, Anna Mykhalova, and Mariana Veremchuk.

News

AVELLUM ADVISES ON SALE OF CONTAINERBOARD PLANT

AVELLUM acted as legal counsel to investment company Concorde Capital and its partners on the sale of a 72% stake in a containerboard producing company.

Posted on August 18, 2022

AVELLUM acted as the legal counsel to A-Development – one of the leading Ukrainian developers – on the construction of a real estate complex in the centre of Kyiv in the form of a joint investment with a business partner. The complex near Arsenalna subway station will consist of a huge retail space, business centre, apartments, and multi-level underground parking with a total area of over 55,000 sq. m. AVELLUM team advised on the deal structuring, drafted all transaction documents, and participated in negotiations between the investors. Our team prepared and negotiated a full range of transaction documents, including the shareholders’ agreement, investment agreements, deed of guarantee, share purchase agreement, sale and purchase agreements of real estate (including land plots), and easement agreements. Yuriy Nechayev, partner of Corporate/M&A, commented: “We are grateful to our longstanding client for the trust and productive cooperation. We are glad to be a part of this ambitious and large-scale project, and sincerely believe in its success.” Maksym Maksymenko, partner and the head of Real Estate and Infrastructure, noted: “The transaction documents in this deal were exceptionally complicated. Thus, with significant support from our client, our team had to do its best to prepare a proper legal basis for the project’s implementation. I believe that this is a landmark construction project in Kyiv for the next few years.” A-Development is one of the leading Ukrainian developers known for such remarkable projects in Kyiv as Smart Plaza Obolon, A-Station, and Smart Plaza Polytech. AVELLUM team was led by partners Yuriy Nechayev and Maksym Maksymenko with significant support from associates Daryna Mykhailenko, Dmytro Radzivon, Inna Erbelidze, and Rostyslav Mushka.

Newsroom

AVELLUM ADVISES METINVEST ON USD333 MILLION EUROBOND ISSUE AND CASH TENDER OFFERS

AVELLUM advised on the first and very successful post-COVID international capital market transactions of Metinvest B.V.

Posted on August 18, 2022

AVELLUM acted as the Ukrainian legal counsel to Metinvest B.V. on: issuance of USD333 million, 7-year 7.65% notes due in 2027; and cash tender offers on its USD118 million 7.50% senior notes due 2021 (the “2021 bonds”), of which USD115,309,027.07 were then outstanding, and USD944.5 million 7.75% senior notes due 2023, of which USD504,515,000.00 were then outstanding, with a concurrent consent solicitation in respect of the 2021 bonds to include the issuer’s call option. Deutsche Bank and Natixis served as joint global coordinators and, together with IMI Intesa Sanpaolo and Raiffeisen Bank International, acted as joint bookrunners of the new Eurobond offering and joint dealer managers for the tender offers and consent solicitation. AVELLUM’S senior partner Glib Bondar commented: “It was a great honour for us to support our long-standing client Metinvest on their first and very successful post-COVID international capital market transactions. Metinvest and joint bookrunners did a fantastic job mobilizing the right resources to squeeze into a short window of opportunity.” Metinvest Group is a vertically integrated group of steel and mining companies that manages every link of the value chain, from mining and processing iron ore and coal to making and selling semi-finished and finished steel products. It comprises steel and mining production facilities located in Ukraine, Europe, and the US, as well as a sales network covering all key global markets. The AVELLUM team was led by senior partner Glib Bondar with significant support from senior associate Anastasiya Voronova and associates Oleg Krainskyi, Mariana Veremchuk, and Mykola Falko. Partner Vadim Medvedev, senior associate Anton Zaderyholova, and associate Oles Bidnoshyia provided tax support.

News

AVELLUM AND AGA PARTNERS SUCCESSFULLY REPRESENTED MAJOR MINING MACHINERY PRODUCER IN FOUR DISPUTES BEFORE ICAC

After a year of proceedings, the arbitral tribunals in each of the cases took into account the presented evidence and satisfied our Client’s claim covering a total of more than EUR4 million, including interest, arbitration fees, and legal costs.

Posted on August 18, 2022

AVELLUM jointly with AGA Partners successfully represented a major CEE-based mining machinery producer in four disputes with a Hong Kong company before the ICAC at the Ukrainian Chamber of Commerce and Industry. The disputes arose under four separate contracts for the supply of mining machinery and equipment to Ukraine amounting to a total of almost EUR6 million. Our client has duly fulfilled its contractual obligations under the contracts, but the respondent did not pay the full price for the delivered goods. The total amount of debt owed to our Client was over EUR4 million. Mykola Stetsenko, managing partner of AVELLUM, commented: “This case was challenging. First of all, our team managed four separate arbitral proceedings, including two sets of simultaneous hearings. Secondly, the respondent alleged that our client’s claims are time-barred and should be dismissed. The seamless interaction within our joint team and the right set of skills and expertise added to resolving this matter successfully.” Ivan Kasynyuk, partner of AGA Partners, noted: “Following the respondent’s allegations, we have provided the arbitral tribunals with various evidence demonstrating that the respondent, in fact, had acknowledged the debt under the contracts several times. Our lawyers convinced the tribunal in admissibility and relevance of the evidence and proved that this evidence indicated the interruption of the limitation period under Ukrainian law and, accordingly, the claims of our client can be considered in arbitration.” After more than one year of proceedings, the arbitral tribunals in each of the cases took into account the presented evidence and satisfied our Client’s claim covering a total of more than EUR4 million, including interest (3% per annum), arbitration fees, and legal costs. Our team in this arbitration was led by partner Ivan Kasynyuk (AGA) with significant support from senior associates Iurii Gulevatyi (AGA) and Oleksii Maslov (AVELLUM), and associate Dmytro Izotov (AGA).

Key contacts

GLIB BONDAR

Senior Partner

gbondar@avellum.com

Team

MYKOLA STETSENKO

Managing Partner

mstetsenko@avellum.com

VADIM MEDVEDEV

Partner

vmedvedev@avellum.com

YURIY NECHAYEV

Partner

ynechayev@avellum.com

Practice

International arbitration

We do not ‘arbitrate for arbitration’s sake’. We understand that arbitration, as any dispute, is a stress for your business and always tailor our strategy to your needs.

Practices

Real estate & Infrastructure

We provide our clients with tailored turnkey solutions for their sophisticated requests on land, real estate, construction, and infrastructure matters based on our expertise and profound understanding of the Ukrainian industries’ specifics.

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