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Project finance

After a somewhat depressing period from 2009 through 2010, project finance is showing some signs of life in Russia, with flickers of interest becoming more apparent and new areas for financing opening up.

"The market has never been so good for us. It is the busiest I remember for about five years," comments one enthusiastic partner. Others are not quite as optimistic though: "It hasn't necessarily been the most active year for project finance," says another partner.

Despite the number of projects still being relatively low, this positive tint on things has filtered down, with a number of new and developing areas starting to provide mandates for firms. Particularly active is energy and power, traditionally strong in Russia but which is branching into new areas too, such as nuclear power.

"Nuclear power is an interesting question. There are definitely projects under discussion, based on a project finance structure. "It might not necessarily be this year, but next year this will be big." It is also the case that Russia has signed a MOU with Turkey to build a nuclear plant in the country, but fears brought into sharper focus by the terrible events at Fukushima have put the skids under the uptake of this type of power deal.

Another interesting trend in the energy market is the diversifying of investment in the oil industry, which has had a knock-on effect for project financing. Whereas in the past work went 'upstream', i.e. toward exploration and recovery of crude and gas, there is now a strategic push to engage with the 'downstream' aspect too, such as the actual refining and distribution. "Historically the work goes upstream, but we are now seeing investment downstream. The Russian government are looking to encourage investment downstream, to refine and keep the value in-country," explains one energy partner.

Traditional power work continues to be strong as well too, even if it is primarily domestic. "There is an increase in power jobs at the moment. It is mainly Russian players who want to restructure power development," comments one lawyer.

Another partner however contradicts this view, and states that the Brics countries, the emerging, thriving markets in Brazil, India, China and also South Africa now as well as Russia, are taking advantage of this network and collaborating on more deals. "We are also advising a Chinese player on power investment. There has been increased investment between Brics countries overall," notes one practitioner.

Continuing a trend first recognised last year, waste management, water and other specialist utilities are still projects that are drawing interest from investors, so says one partner: "Utilities is actually becoming a key sector, and will be a big part of Russian project finance for the future." Related to this, another partner adds: "There is a lot of hope for the future of Russian PPP (public-private partnership)."

The biggest news in the market has to be the new project finance law, a draft of which is said to be out before the Duma very soon. Partners are almost wholly united in their keenness on these new developments, which they see as essential if project finance is to have the legislative shackles taken off it and be allowed to thrive.

"The new law looks to make project finance more straightforward," says one partner, while another explains why the law has to be altered: "Coming from a common law jurisdiction it is strange as the legislation here is new and untested. You have to be careful as if it isn't obviously permitted you can have problems. There are concepts seen as usual in other countries that we'd like here too."

"One change will be the concessions legislation. It will make it easier to secure projects. It also brings in a lot of other important things, such as certain types of security for bank accounts related to projects," observes a partner, though some others do hedge their excitement a little: "It will bolster the laws, though we hope it doesn't bring more problems than it fixes." Another agrees with this cautious approach: "If the new project finance law comes in the form we want, it will be helpful. A lot of people are sceptical though."

Overall this new law does seem a positive move, especially in light of the global events requiring substantial infrastructural work that are coming to Russia in the next decade or so, as one partner explains: "If you read it you would be pleased, as it introduces a number of new things that are absent and should really be there. I think it passing will lead to a renaissance in project finance in Russia, something that will be necessary for the Winter Olympics [2014] and the World Cup [2018]."

Freshfields Bruckhaus Deringer

There is a definite theme to Freshfields' project finance work when you ask the market where the firm's strengths lie. "Freshfields is very big on PPP (public-private partnership) and infrastructure," comments one peer, "They do mainly sponsored work and a lot of PPP projects," says another and a further partner adds: "Freshfields is big on PPP, they are known for it.... [more]

Leading lawyers
Innokenty Ivanov
Michael Schwartz

Linklaters

The last 12 months for the projects team at Linklaters began with the return of finance specialist Matthew Keats, who took up the head of department role left by Daniel Tryer, who still continues to be involved here and there from the London office. Keats though has overseen a busy year flush with sizeable deals and it is this big ticket work and high visibility that keeps the firm in the top tier again.... [more]

Leading lawyers
Matthew Keats

White & Case

"We see White & Case from time to time but not too much," remarks one partner, reflecting the market opinion that the firm not been quite so visible this year, though the deep expertise of the team in Moscow, its status and the deals it has been working on are more than enough to keep it in the top tier here.Partner Marc Polonsky, who divides his time between Russia and London, is one member of the team that comes in for praise from competitors: "He is brilliant, very calm and reasonable.... [more]

Leading lawyers
Irina Nesvetova
Marc Polonsky

Allen & Overy

As it is in other areas, so it is in project finance for A&O, who have had to weather some disruption this year with staff leaving, including a figurehead of the firm. Market opinion however is still consistent in saying that the firm remains a solid tier two proposition.... [more]

Clifford Chance

The projects team at CC is a dynamic set of lawyers who are seemingly within a whisker of breaking into the top tier in this area, with the market keen to stress how increasingly active the firm has become. "CC doesn't really concentrate too much on this area but they have a lot of deals in the pipeline.... [more]

Leading lawyers
David Griston
Logan Wright

Herbert Smith

In line with its elevation in the banking rankings the improved visibility and quality of the finance practice at Herbert Smith has impacted in project financing too, as peers overwhelmingly approve of the firm making the jump to tier two and possibly beyond. "Herbert Smith is doing well, they have a strong offering.... [more]

CMS Russia

CMS Russia wobbled slightly at the departure of Kirill Ratnikov in the preceding year but, as the market predicted, it didn't particularly affect the capabilities of the team, led by Jean Francois Marquaire and Stephen Cozens.Having been engaged on a confidential warehousing deal, the firm also has continued to advise the North West Concession Company on the Moscow to St Petersburg toll road, a $2 billion deal that reached initial closing last year but which still requires work.... [more]

Gide Loyrette Nouel

Gide Loyrette Nouel has responded well to losing projects partner Olga Revzina, who left at the end of August 2010. Her position was swiftly filled with the hire of Alexander Dolgov, a former senior associate at Allen & Overy who jumped ship to Gide to become a partner and head up the projects team in the Russian capital.... [more]

Norton Rose

Norton Rose's projects team sees a lot of overlap with its respected banking team, and as such it will also benefit from the hire of partner Alexander Tsakoev, the finance specialist who joined from Herbert Smith in January 2011.With a number of deals under confidentiality due to their ongoing nature, the firm did have one excellent representative deal to present.... [more]

See also

Russia
Central and Eastern Europe

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