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The war in Ukraine has caused enormous damage to the country and huge disruption to international trade relations. The demand for foreign investment to rebuild is expected to increase dramatically after the war. Kennedys has established a dedicated Ukraine desk to support Ukrainian clients and foreign investors in matters relating to various sectors of the Ukrainian economy. Our Ukraine desk consists of qualified lawyers who speak Ukrainian and Russian. Members of the Ukraine desk handle client instructions directly themselves or, where appropriate, refer them to specialists in other teams. We have expertise in the following areas: commercial transactions, commercial dispute resolution and insurance and reinsurance.
Commercial Transactions
Our commercial and corporate transactional work covers cross-border deals of all shapes and sizes. We can support clients at every stage of a project life cycle, from formation or acquisition of a business to strategic alliances such as joint ventures, and ultimately a sale or other exit event. We prepare and negotiate project documentation as well as undertake tasks in accordance with local law, such as company registration, legal support for corporate governance, regulatory issues such as obtaining licenses and permits, and employment law.
Our finance lawyers advise on a diverse range of transactions for borrowers, lenders and investors across a wide variety of industries. We act for key participants including banking institutions, financiers, fund managers, private equity houses, corporate banking clients and insurance companies.
Commercial Dispute Resolution
Kennedys has the global resources to handle any type of commercial dispute in courts and tribunals worldwide. We represent clients in both commercial litigation and in international arbitration. Our Ukraine desk lawyers have experience in advising and representing clients in various types of dispute including commodities and shipping, corporate conflicts, fraud and investigations, contentious insolvency, oil and gas projects, investment treaty and sanctions.
Our commercial litigation experience includes claims before the English and the Ukrainian courts. We handle disputes to trial and through appellate instances. We also assist clients with urgent steps to protect their position, such as freezing injunctions and other interim measures of protection.
Our international arbitration experience includes disputes in a variety of arbitral seats, including London, Geneva and Paris. We have conducted arbitrations under the rules of leading international institutions and trade organisations, such as the ICC, LCIA, LMAA and GAFTA, as well as ad hoc arbitrations (including under UNCITRAL Rules).
We have a wealth of experience in cross-border disputes and have extensive knowledge of conflict of laws and jurisdictional issues. Our lawyers are regularly involved in proceedings for the recognition and enforcement of foreign judgments and arbitral awards.
Insurance and Reinsurance
Kennedys is well-known for its expertise in insurance and reinsurance law. Our Ukraine desk is able to advise on English and Ukrainian law, meaning that we provide a one-stop solution for insurers and reinsurers in relation to risks and losses in the Ukraine market. Our lawyers are specialists in coverage and defence and are dedicated to supporting claim operations in the investigation and adjustment process. Having a team of multi-lingual and internationally qualified lawyers with a specialism in insurance law means that we are well-placed to advise both international reinsurers and direct Ukrainian insurers.
We offer a range of solutions to help in managing risks originating from Ukraine.
- We review investigation materials and documents and provide coverage analysis. We also prepare coverage positions and reservation of rights letters, especially when coverage litigation is expected.
- We seek to settle most insurance coverage disputes without litigation. However, when necessary, we represent the original insurer and reinsurer in Ukrainian courts or in international arbitration for coverage claims.
- We can represent reinsurers in subrogated recovery actions, enabling them to recoup all or some of the money paid out to an insured in cases where a third party caused or contributed to the loss.
Having all of the necessary expertise in one team allows us to take a strategic view on the complex jurisdictional and conflict of law issues that can arise in international litigation and arbitration.
