Andriy Vyshnevsky senior partner

Senior partner

Tel:      +38 044 498 7383
Fax:     +38 044 498 7385
Email:  andriy.vyshnevsky@engarde-attorneys.com

Overview:

Andriy advises clients on the matters of corporate law, mergers and acquisitions, taxation and other general business issues.  Being a business law advisor, he also has vast litigation experience.  This helps his clients assess their risks better. Andriy has practical business insight into various industries, including mining & metals, agriculture, banking & finance, which he obtained while serving as a member of supervisory boards of Metinvest (2007-2013), MCB Agricole Holding (2009-2012), Agrokombank (2000-2003), and Agricultural enterprise “Kalyta” (2006-2012).  Besides, Andriy Vyshnevsky chaired the Supervisory Council of BM Bank-Ukraine in 2013.  He had also worked as the Deputy Chairman of the Department of Foreign Economy and Consulting with the Ukrainian Chamber of Commerce and Industry of Ukraine (1988-1991) and served as the advisor to the Minister of Privatization of Ukraine (1991-1992).

Andriy has assisted clients in creating joint ventures and partnerships in various jurisdictions and numerous industries, including mining & metals, energy, and agriculture. He has advised clients on complex issues related to joint ventures, including choice of law, entity, structure, and issues relating to majority/minority ownership, 50/50 ownership, and other governance matters.

Andriy has been recognized for his business expertise by the following legal directories: Chambers Global, Chambers Europe, PLC Which Lawyer?, The Legal 500, Best Lawyers International, YurGazeta, and YurPractica. The Legal 500 – EMEA recommends him as a leading individual in corporate and M&A law and in banking, finance and capital markets law, while Chambers Global and Chambers Europe recognize him as a leading lawyer in dispute resolution (Band 3).

Representative experience:

  • Acting as counsel for the state of Ukraine in the ICSID investment dispute initiated by Russian investors against Ukraine for an alleged breach of the country’s obligation to protect foreign investments (approximate amount at dispute: USD 200 million)
  • Representing a Ukrainian subsidiary of a Swedish Truck Leasing Company in a complex corporate dispute in Ukraine against a local business partner, Ukrainian company (approximate amount at dispute: EURO 2 million)
  • Acting as a Ukrainian law expert in Cyprus litigation proceedings in a shareholder dispute between two Cypriot shareholding companies of a major Ukrainian industrial enterprise for recovery of indebtedness owed for controlling stake (approximate amount at dispute: USD 600 million)
  • Advised TAKO/AST Holding, a major agricultural producer in Ukraine, on the issue of debt restructuring with a group of Ukrainian banks and leasing companies (approximate amount at dispute: USD 22 million)
  • Represented the interests of YERNAMIO LLC as majority shareholder and the final beneficiary owner of Forum Bank PJSC in a dispute against the National Bank of Ukraine and the State Deposit Guarantee Fund in respect of responsibility for causing a bank’s bankruptcy (approximate amount at dispute: UAH 5 billion)
  • Advised Smart Holding in connection with the acquisition of 96% of shares in Forum Bank PJSC from Commerzbank Group (the deal amount exceeded USD 100 million)
  • Advised ENERGEES MANAGEMENT LIMITED (Cyprus) in connection with the acquisition of REGAL PETROLEUM PLC, an English public company with hydrocarbon production capacities in Ukraine (approximate deal amount: £ 100 mln.)
  • Advised and represented the interests of Smart Holding in the process of establishing Metinvest, the largest metallurgy company in Eastern Europe (approximate capitalization of the newly created corporation at the moment of establishment: USD 15 bln.)
  • Represented a group of foreign and domestic investors (lead by Garik Korogodsky) in respect of construction of Globus mall in downtown Kyiv (20 000 m2 of retail space)
  • Represented Eugene LLC before a Ukrainian court in litigation against the Government of Ukraine, the Football Federation of Ukraine, and the Kyiv City Council on the demolition of the Eugene’s LLC real estate with an approximate value of USD 300 million

Related practices:

Languages:

  • English
  • Russian
  • Ukrainian

Professional and community activities:

  • Kyiv Region Bar Association

Education:

  • Kyiv National Taras Shevchenko University, Department of International Law (Ukraine, 1988)

Admitted to bar:

  • Ukraine, 1997

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