The Ukrainian Journal of Bussines Law

[http://www.inta.org/2013AM/Pages/Overview.aspx] Counse link ANTIKA Law Firm 12, Khreshchatyk street, 2-nd floor, Kyiv , 01001 , Ukraine Phone: +38 (044) 390 09 20 Fax: +38 (044) 390 09 21 office@antikalaw.com.ua www.antikalaw.com.ua/en Arzinger 75, Zhylyanska Street., 5th floor, Kyiv , 01032 , Ukraine Phone: +38 (044) 390 55 33 Fax: +38 (044) 390 55 40 mail@arzinger.ua www.arzinger.ua Asters Leonardo Business Center, 14th floor, 19-21 Bohdana Khmelnytskoho St., Kyiv , 01030 , Ukraine Phone: +380 44 230 6000 Fax: +380 44 230 6001 info@asterslaw.com www.asterslaw.com Chadbourne & Parke LLP 25B Sahaydachnoho Street, 3 Floor, Kyiv , 04070 , Ukraine Phone: +38 (044) 461 75 75 Fax: +38 (044) 461 75 76 Kyiv@chadbourne.com www.chadbourne.com CMS Cameron McKenna LLC 6 Floor, 38 Volodymyrska Street, Kyiv , 01034 , Ukraine Phone: (044) 391 33 77 Fax: (044) 391 33 88 kyivoffice@cms-cmck.com www.law-now.com DLA Piper Ukraine, LLC 77A Velyka Vasylkivska Street, Kyiv , 03150 , Ukraine Phone: (044) 490 95 75 Fax: (044) 490 95 77 ukraine@dlapiper.com www.dlapiper.com Gvozdiy & Oberkovych 19B Instytutska Street, Office 29, Kyiv , 01021 , Ukraine Phone: +38 (044) 581 12 20 Phone: +38 (044) 581 12 21 Fax: +38 (044) 581 12 22 info@golaw.ua www.golaw.ua IMG Partners 1/8 Ihorivska str.,, Kyiv , 04070 , Ukraine Phone: +380 44 201-10-66 Fax: +380 44 201-10-66 office@imgpartners.com.ua www.imgpartners.com.ua International law firm Integrites 15-B Borysohlibska St.,, Kyiv , 04070 , Ukraine Phone: +380†(44) 391 38 53 Fax: +380†(44) 391 38 54 pr@integrites.com www.integrites.com Inyurpolis law firm (ILF) 14-A †Skrypnyka Street,, Kharkov , 61057 , Ukraine Phone: +38†(057)†728 00 00 Fax: +38†(057)†714 06 28 office@ilf-ua.com www.ilf-ua.com Konnov & Sozanovsky 23 Shota Rustaveli Street, Suite 3, Kiev , 01019 , Ukraine Phone: +380 (0) 44 490-5400 Fax: +380 (0) 44 490-5490 info@konnov.com www.konnov.com LCF Law Group 47 Volodymyrska street, Office 3, Kyiv , 01034 , Ukraine Phone: +38 (044) 455 88 87 Fax: +38 (044) 502 55 23 info@lcfgroup.com.ua www.lcfgroup.com.ua/en/ Sokolovskyi and Partners Law Firm 25 Klinichna Street, 2nd floor, Kyiv , 03141 , Ukraine Phone: +380 44 495 1928 Fax: +380 44 275 6799 pravo@lex.org.ua www.lex.org.ua Spenser & Kauffmann 3 Panfilovtsev Street, Kyiv , 01015 , Ukraine Tel./Fax: +38 (044) 288 83 83 office@sklaw.com.ua www.sklaw.com.ua VS Litigation 16/3, M. Zhytomyrska Str., Office 28, Kyiv , 01001 , Ukraine Phone: +380 (44) 227 44 99 Fax: +380 (44) 278 31 73 Kyiv@vslitigation.com vslitigation.com CURRENT ISSUE ( January-February 2013 ) In focus – English Law Since London has historically been a global financial center, English law dominates in international corporate and financial transactions across a variety of jurisdictions. It is no surprise that CIS business transactions are usually governed by provisions of English law. Moreover, even deals of Ukrainian origin are often governed by English law, excluding cases when the prescribed law is Ukrainian by lawЕ Expert Opinion English Law Guarantee vs Ukrainian Suretyship Ч a Tale of Two Systems Igor V. Krasovskiy, Tatiana M. Golubko Ukrainian companies are often required to provide an English law guarantee in cross-border financing. Traditionally, overseas lenders seek to eliminate exposure to a less-established legal system and prefer to have English law governed loan documentation. In this article we will look into some major differences between a guarantee (suretyship) under English law and Ukrainian law, and will, on that basis, discuss the enforceability of an English law guarantee against Ukrainian obligors... In Re English Law and Judiciary in International Commercial Arbitration Alexander V. Chebotarenko, Vyacheslav P. Lebedev The practice of resolving business conflicts in the second half of XX century has proved that in an increasingly cross-border commercial world, parties to international business transactions have growing discomfort as regards resolving their disputes before focal national courts, especially under unfamiliar legal systems. The result was that international arbitration, with its relative speed, cheap and confidential proceedings, had become the preferable choice for resolving conflicts arising out of international transactions and very important element of combined system of international commercial dispute resolutionЕ Standard Listing Regime Andrei G. Liakhov, Alina I. Plyushch The UK listing regime was restructured from 6 April 2010 into premium and standard listings. Before 6 April 2010, a company incorporated in the UK which was considering an admission of its equity shares for trading on a public market primarily had two options available to it. The first option was to have its shares listed on the Official List of the UK Listing Authority (UKLA) and admitted to trading by London Stock Exchange PLC. This would have involved obtaining a primary listing, which was seen as the gold standard of the company listing regime in LondonЕ Fitness for Purpose in Design and Build Contracts: a Standard or a Burden Sergii V. Gan When an architect is contracted separately by a client to prepare a design for a construction project, the liability of the designer is limited to the exercise of Уreasonable skill and careФ, unless otherwise provided in the contract. Similarly, the liability of professionals in the UK is limited in the areas of medical and legal practices where the outcome cannot obviously be guaranteed even if the best possible skills and care are appliedЕ Business Lunch A Mature, Reliable, Flexible and Reputable Legal System Current Ukrainian legislation lacks basic fundamental principles available in more developed jurisdictions. For this reason, very often commercial deals with the participation of Ukrainian businesses are governed by foreign law (usually English law). In order to secure the property and business of their clients, even Ukrainian legal advisors often advise their clients to leave local jurisdictionЕ Argument English Company Law as an Example to Follow Volodymyr O. Yakubovskyy The private or closed corporate form with limited liability was specifically chosen as an object of this article as the rules on limited liability companies demand urgent reform in Ukraine. The author further believes that particular attention should be drawn to problematic legal capital rules for limited liability companies in Ukraine. At the same time, English company law currently has one of the most efficient legal capital mechanisms for private companies in Europe that ensures adequate protection of creditorsТ interestsЕ Case Law Foreign Law in Ukrainian Commercial Courts Dmitry A. Shemelin It is widely accepted that Ukrainian commercial courts may apply foreign law on the basis of Article 4(4) of the Commercial Procedural Code (the CPC). However, such application presupposes, according to Ukrainian law, prior Уdetermination of the substanceФ of such foreign law in line with Article 8 of the Private International Law Act of Ukraine Е Venue Strategies for the New Economic Landscape Olga A. Usenko On 29-30 November Moscow hosted the 6th Law Firm Management Conference traditionally conducted by the International Bar Association and LegalStudies.RU . The event attracts the attention of the top decision makers in national legal markets from all over the worldЕ Crux From Stagnation to New Growth Tymofiy Sikorskiy According to the new rules that will come into effect on 1 January 2013, notaries will have the power to register rights to real property transferred in the transactions that result in the accrual or change in such rights. Other administrative bodies, including the Technical Inventory Bureau, will longer be more involved in the processЕ Viktoriya Demydenko As of 2009 due to the economic downturn, many real estate developments in Ukraine were suspended. This primarily concerned the loan-backed developments. In 2012 a number of commercial properties were commissioned; they were, predominantly, those built by major developers, financed by their own capital and having significant competitive potentialЕ Alexander Tretiakov Considering the requirement to obtain approval of the Antimonopoly Committee of Ukraine on concentration in the form of purchasing or leasing property, one should consider two key points. Firstly, the Committee developed its own approach to define Уintegral property complexФ (IPC), which differs from the term used in the legislationЕ Nataliaya Vorskaya Analysis of judicial practice indicates that the majority of disputes concerning real estate arise from credit relationships. The most common claims in this area have been claims to recognize mortgage and surety agreements invalid, and to terminate them. Such disputes are caused by both objective and subjective reasonsЕ HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS SPONSORSHIP & ADVERTISING GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT HOME CURRENT ISSUE SUBSCRIBE & ORDER NEWS ADVERTISE GET PUBLISHED EDITORIAL CALENDAR ARCHIVE CONTACT BANNER EXCHANGE Copyright © 2003-2013 by Yuridicheskaya Practika Publishing. All rights reserved.