The Legal 500

Baker & McKenzie - CIS, Limited

Serhiy Piontkovsky

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Baker & McKenzie

Work Department

Energy, Chemicals, Mining and Infrastructure; Real Estate; Hotels, Resorts & Tourism; Mergers and Acquisitions; General Tax Planning.

Position

Serhiy Piontkovsky is a Managing Partner of the Kyiv Office of Baker & McKenzie, heading the Energy, Chemicals, Mining and Infrastructure and Real Estate Practice Groups. Mr. Serhiy Piontkovsky is heavily involved in major privatizations projects held in Ukraine within steel, mining, energy and industrial sectors; acted in numerous mergers and acquisitions transactions, including acquisition of Ukrainian enterprises in privatization process (in particular, via commercial tenders organized by the State Property Fund). In real estate sector he represents major international hotel chains, developers, construction companies, investment funds, embassies, religious organizations and private investors on various Ukrainian law issues related to property pre-lease and long-term leasing, acquisition of land lease rights, construction, design and letting. His clients include Ukrainian and international companies, which he advises in connection with their business activity in Ukraine.

Career

Prior to joining Kyiv office of Baker & McKenzie, Mr. Piontkovsky served as a legal counsel to the National Bank of Ukraine. In 1995, Serhiy Piontkovsky joined the Kyiv office of Baker & McKenzie as an Associate, and in 2001 he was promoted to a Local Partner. He became a Partner in the Firm in June 2005. In 2011 Serhiy Piontkovsky was appointed as Co-Managing Partner of the Kyiv Office.

Languages

Mr. Piontkovsky is fluent in Ukrainian, English and Russian.

Member

Serhiy Piontkovsky is a member of the Foreign Investment Advisory Council of the Kyiv City State Administration since 2002. Mr. Piontkovsky has authored numerous articles on real estate matters, corporate law, and taxation. In addition to this, Mr. Serhiy Piontkovsky is frequently quoted in Ukrainian business publication and industry circulars; He also frequently speaks at various conferences related to taxation, property rights, business leases, hotel development, insurance and corporate law.

Education

Mr. Piontkovsky graduated from the International Law Department of the Moscow Institute of International Relations in 1992. In 1999, he received an LL.M. degree from Harvard Law School. Mr. Piontkovsky is admitted to practice law in New York and is licensed to practice law in Ukraine. He is also a licensed defense attorney of Ukraine.

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Legal Developments by:
Baker & McKenzie

  • The New Turkish Code of Obligations: Important Changes for Leases of Residential & Business Premises

    For decades, the primary Turkish laws governing leases of residential and business premises have been the Law on Leasing Real Property dated May 27, 1955 (the “Lease Law”) and the Turkish Code of Obligations No. 818 dated April 22, 1926 (the “Obligations Code”). Both of these laws, however, will be repealed and replaced with the new Turkish Code of Obligations No. 6098 dated January 11, 2011 (the “New Obligations Code”), which will enter into force on July 7, 2012.
    - Esin Attorney Partnership

Legal Developments in Ukraine

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Disputes arising from finance arrangements: post-crisis phenomenon in Ukraine – read more!

    The 2008 financial crisis peak had hardly faded away, when another breaking news was brought to the surface in CIS countries: a significant part of the funds advanced during the pre-crisis period by banks and other financial institutions to support various businesses and commercial initiatives, flew beyond national frontiers to be found in Panama, BVI, Seychelles, Jersey, Cyprus and other offshore and onshore jurisdictions in the pockets of numerous private persons, mostly CIS nationals. No surprise this fact led to a tsunami of disputes, one way or the other related to repayment of loans and funds advanced under other types of finance arrangements. Many of those disputes are still pending, thus, keeping finance arrangements among the top-litigated issues within CIS borders.
  • Proper notices in arbitration – watch the details!

    Article V1(b) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, better known as the New York Convention, provides that recognition and enforcement of a foreign arbitral award may be refused, at the request of the party against which it is invoked, only if that party furnishes proof to the competent authority where the recognition and enforcement is sought that it was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings. However simple at first glance, the question of what constitutes 'proper notice' turns out to be less than clear in practice.
  • The International Comparative Legal Guide to: Real Estate 2013. Chapter 38: Ukraine

    This guide provides the international practitioner and in-house counsel with a comprehensive worldwide legal analysis of the laws and regulations of real estate. This article appeared in the 2013 edition of The International Comparative Legal Guide to: Real Estate; published by Global Legal Group Ltd, London. www.iclg.co.uk )
  • Is the Door to England Still That Wide Open for CIS Disputes?

    6 February has marked lawyers’ calendars with an important message from the UK Supreme Court: English courts will not accept the jurisdiction over a dispute having the “centre of gravity” in another country. AstapovLawyers' Managing Partner Andrey Astapov and Associate Anna Kombikova comment on a recent CIS precedent.
  • Time limit for forwarding arbitral award to parties extended

    The Presidium of the Ukrainian Chamber of Commerce and Industry (UCCI) recently amended Article 52 of the Rules of the International Commercial Arbitration Court (ICAC) at the UCCI. This article governs the procedure for forwarding an arbitral award to the parties to arbitration proceedings.
  • Enforcing arbitral awards against Ukrainian bankrupt companies

    Eugene Blinov and Anna Kombikova of AstapovLawyers ILG commented on peculiarities of enforcement of arbitral awards against Ukrainian bankrupt companies. The lawyers noted the risks connected with such cases and suggested possible solutions.
  • Ukraine: National Bank incredibly fast in implementing its new power

    On 6 November 2012, the Ukrainian Parliament adopted changes to the Law of Ukraine "On the Procedure of Carrying-Out Settlements in Foreign Currency", dated 23 September 2004, No. 185/94-BP, as amended, granting the National Bank of Ukraine ("NBU") a power to amend for a term of up to six months the term for cre-diting to the exporters' accounts of currency proceeds under export contracts. These changes to the law entered into force on 17 November 2012. The NBU was extremely fast to implement its new power, passing a Resolution dated 16 November 2012, No. 475 (which entered into force on 19 November 2012).
  • Mitigation of damages in arbitration practice: trite law or space for creativity?

    The mitigation of damages is a well-known principle in international legal practice. However, in Ukraine there is no widely applied court and arbitration practice on the issues relating to mitigation of damages, and aggrieved parties may be unclear as to what should and can be done.
  • Ukraine enables itself to furnish procedural orders of foreign judicial and arbitral authorities

    The Cabinet of Ministers of Ukraine at its meeting on August 29 resolved [1] to amend its Resolution "On approval of the Order for the use of funds allocated in the state budget for payments related to implementation of judgments of foreign jurisdictional authorities rendered upon consideration of matters against Ukraine" (the "Government Resolution").[2] Appropriate amendments were prepared by the Ministry of Justice (responsible for protecting the state's interests in foreign courts and arbitral tribunals) in order to improve mechanisms to protect the rights and interests of Ukraine in foreign judicial and arbitral proceedings.
  • Ukrainian district court allowed attachment of property located in Ukraine on the basis of UK proced

    On 1 June 2012 Goloseevskiy district court of Kyiv city rendered a decision whereby it recognized and enforced the Order of the High Court of Justice Queen Bench Division Commercial Court (Order). As a result, Ukrainian court allowed attachment of Debtor’s assets located in Ukraine.