Category: Lithuania

  • Motieka & Audzevicius Successful for AVAgro in Dispute Regarding Interim Measures

    Motieka & Audzevicius has successfully represented AVAgro LLC before Lithuanian courts in a dispute against Singapore-based Dreymoor regarding interim measures pertaining to assets of AVAgro’s subsidiary, AVAgro UAB.

    According to Motieka & Audzevicius, “the main issue that Dreymoor requested interim measures for, was related to the arbitration between AVAgro LLC, AVAgro UAB, and Dreymoor before ICDR AAA in New York. The Lithuanian Courts dismissed [Dreymoore’s] request for interim measures. Moreover, the Lithuanian Court of Appeals established new case law rules for this type of case. For example, it is advisable to notify the respondent about the request for interim measures (the default rule was ex parte interim measures); it is necessary to clarify the status of the pending arbitration case; it is important to check whether in both cases the claimant seeks similar measures and whether the Arbitral Tribunal is in a better position to evaluate and grant relevant interim measures.”

    Motieka & Audzevicius’s team was led by Senior Associate Albertas Sekstelo.

  • Motieka & Audzevicius Successful for Oxylabs in Appeal of Dismissal of IP Dispute

    Motieka & Audzevicius is representing big data company Oxylabs in an IP rights infringement dispute in Lithuania.

    According to Motieka & Audzevicius, “the defendant in the case (an Israeli company) sought to have the claim dismissed due to lack of jurisdiction of Lithuanian courts. As the court of the first instance dismissed the claim, we appealed. Arguments presented by our team were supported by the Court of Appeal of Lithuania and the case will be heard by Lithuanian courts.”

    Motieka & Audzevicius’s team includes Partner Justinas Jarusevicius and Junior Associate Paulius Grendelis.

  • TGS Baltic Advises Viada LT on EUR 1 Million Bond Issuance

    TGS Baltic has advised Viada LT on its issuance of EUR 1 million worth of bonds, which will be included to trading on Lithuania’s alternative First North stock exchange.

    Viada LT is a Lithuanian-capital gas station chain that holds 124 gas stations in Lithuania (and, through a subsidiary, 75 gas stations in Latvia), as well as carrying out both retail and wholesale trade in motor fuels.

    TGS Baltic’s team included Partner Vidmantas Drizga, Associate Partner Mantas Gofmanas, and Junior Associate Kotryna Visockyte.

  • Ellex Valiunas Successful for Kaunas City Municipality in Breach of Contract Dispute with Kayi Insaat

    Ellex Valiunas has successfully defended the interests of the Kaunas City Municipality in a dispute involving the termination of a contract for the reconstruction of S. Darius and S. Girenas Stadium under public procurement rules.

    In January this year, the Kaunas City Municipality Administration terminated the contract with the stadium contractor, Turkish company Kayi Insaat, citing numerous breaches of the contract and significant delays in carrying out the work.

    According to Ellex Valiunas, “after hearing the case, the Kaunas Regional Court dismissed the claim of the Turkish company. The cancellation of the contract by the Kaunas City Municipality was recognized as legitimate and the arguments presented in the case were confirmed.”

    Ellex Valiunas’s team consisted of Partners Egidijus Baranauskas and Karolis Kacerauskas and Associates Aiste Mikociuniene, Kristina Matvejenkaite, and Rūta Jasilione.

  • TGS Baltic Successfully Represents Klaipedos Nafta Before Lithuanian Court of Appeal

    TGS Baltic has successfully defended Klaipedos Nafta, a company controlling oil products and liquefied natural gas terminals, before the Court of Appeal of Lithuania in a case involving alleged EUR 6 million in damages.

    According to TGS Baltic, “the litigation was brought up by oil products transshipment company Kroviniu Terminalas, [which is] controlled by Achemos Grupe. The dispute arose out of the agreement between Klaipedos Nafta and Orlen Lietuva in November 2011. By its statement of claim filed in December 2016, Kroviniu Terminalas asked the Court to find the agreement null and void and to award damages in the amount of EUR 5.995 million from Klaipedos Nafta.” Krovniu Terminals cited breach of the Competition Act in regards to a restricted possibility of fair competition in the light oil products shipping market.

    On March 7, 2019, the Vilnius Regional Court rejected Kroviniu Terminalas’ claim. The company took the case to the Court of Appeal, which on March 31, 2020 ruled in favor of Klaipedos Nafta.

    TGS Baltic’s team included Managing Partner Vilius Bernatonis, Partner Lina Daruliene, and Associated Partners Marius Brasiunas and Darius Miniotas.

  • Sorainen Advises Ignitis Group on Loan from EIB for Polish Wind Farm

    Sorainen has advised the Ignitis Group on the receipt of a loan by Pomerania Wind Farm, a Polish company belonging to the group, of a loan from EIB.

    According to Sorainen, the PLN 258 million loan will be used for developing a 94 MW wind farm. The EIB loan will cover around 47% of project investment costs.” The loan, which is supported by the European Fund for Strategic Investments, is scheduled to be repaid by 2035.

    The wind park, consisting of 29 turbines, is located in the Pomeranian Voivodship of Poland, approximately 50 km from the coastline of the Bay of Gdansk. It has an expected annual capacity of 300 GWh of electricity, potentially making clean energy generated by the project available to around 75,000 households.

    Sorainen`s team consisted of Partner Tomas Kontautas and Senior Associate Dalia Augaite.

    Sorainen did not reply to our inquiry on the matter.

  • Sorainen Helps E4F Money Obtain Electronic Money Institution License in Lithuania

    Sorainen has helped E4F Money obtain an electronic money institution license in Lithuania.

    The sole shareholder of E4F Money is Exchange4free, a UK-based company with more than 30,000 private and corporate customers worldwide.

    According to Sorainen, “E4F Money will offer currency exchange and payment service solutions in Lithuania and other European countries to private and corporate clients operating in or traveling to African countries.”

    The Sorainen team consisted of Partner Tomas Kontautas and included Associates Liutauras Vasiliauskas and Monika Tukaciauskaite.

  • The Buzz in Lithuania: Interview with Tomas Kontautas of Sorainen

    Although the coronavirus has effected the Baltics like everyone else, Sorainen Country Managing Partner for Lithuania Tomas Kontautas says, it hasn’t, at least in the short term, resulted in any slow down in work, and he reports that commercial lawyers in Lithuania are “not only busy – but much busier than normal” in the week and a half since the country’s borders were closed on March 16, 2020. “There’s been a lot of activity on hotlines, and lots of questions for law firms,” he reports, “both in contract performance and employment matters, and in many other areas as well.”

    Business in Lithuania, Kontautas reports, is adapting to the new reality fairly quickly. “What we are observing in the market is that the immediate shock has passed,” he says. “In the first week there was a substantial amount of heavy thinking about survival strategies and now business is pursuing a more cold-blooded approach.” And, in some areas, more than simple survival is on the table. “Some sectors are actually expanding,” he notes, citing both e-commerce and delivery (from supermarkets in particular, for instance, which used to represent a small fraction of all purchases, but now has a waiting list) as booming.

    Kontautas notes that the Banking/Finance sector, which he focuses on along with Insurance, has been put on high alert. “In terms of regulatory,” he says, “it seems like the regulator is relaxing rules, to make it easier for banks to pump money into the economy. And they’re paying a lot of attention to what’s happening at an even higher level, including the possibility to use the European Central Bank’s asset purchase programs to finance affected sectors with liquidity issues, particularly SMEs. This is being watched.”

    “Also,” he says, “banks are watching clients, saying, essentially, ‘guys, we know you’re affected, come in and let’s discuss ways to reschedule payments and make this possible.’” According to him, “it’s still premature to say refinancing is on the table, but it will come.” Similarly, he says, “the same is true in the Insurance market – they see that claims may come in a couple months, for instance in financial lines areas such as credit or suretyship insurance, and D&O insurance, as these times require fast and sometimes difficult decisions by directors of many companies.” He strikes a contemplative note: “It will be interesting to observe how the sector will react.”

    In terms of the legal market, he says, there are no lay-offs happening as yet. His own firm, it appears, is ready for whatever comes. “At Sorainen we have had several board meetings with partners from Lithuania, Latvia, Estonia, and Belarus, ” he reports. “We checked, and we have quite good liquidity, but of course we need to have a good strategy for financial discipline.” Still, it’s a not all about frugality. “We’re even investing, when it comes to the tools we need to continue to operate and further improve our systems and business processes to work in this crisis, such as remote communication and work management tools.”

    And he notes that, while Sorainen’s lawyers are working from home like everyone else in professional services, the firm’s office remains open and operated by a skeleton crew for necessary and unavoidable client meetings, copying, and paper-based correspondence.

    Kontautas credits the firm’s IT and other business services teams for helping Sorainen adapt to the crisis in an orderly fashion, Kontautas reports. “A day before the quarantine was announced there was a governmental meeting explaining what was likely, and we mobilized the legal staff and created a special task force led by a corporate partner and a few capable senior associates from each practice group. The task force prepared advice to clients about the aspects of this crisis that would be most important for them, and coordinated various work streams in different practice groups.” He emphasizes the need “provide a certain coherence, so that we don’t have different recommendations or communications made from different lawyers for clients facing similar issues in different sectors.”

    Finally, Kontautas is asked for his personal perspective on the crisis. “We are dealing with elements which are unknown, so I don’t want to go into panic-based scenarios and speculations. We have things that are known, we have various situations on the table – our clients do – they have to be helped with. The ultimate result, of course, will depend on when the crisis is over and when things will calm down. Personally, I think it will be several months – but it will require global coordination.”

  • Motieka & Audzevicius Helps Nandi Finance Obtain Electronic Money Institution Licence

    Motieka & Audzevicius has helped Nandi Finance obtain an electronic money institution license from the Bank of Lithuania.

    According to Motieka & Audzevicius, “Nandi Finance plans to offer IBAN accounts and payments services for corporate clients. The payment services will be offered in jurisdictions in which Lithuanian business actively operates.”

    Motieka & Audzevicius’ team included Senior Associate Sigita Adomaityte and Associate Evelina Tumakova-Kuzmic.

  • TGS Baltic Successful for Orlen Lietuva in Dispute Over Ownership of Leftover Oil in Pipeline

    TGS Baltic has successfully represented Orlen Lietuva before the Court of Appeal of Lithuania in a dispute regarding Polocktransneft Druzhba’s claim for damages of over USD 70 million.

    According to TGS Baltic, the dispute revolved around “the right of ownership of the technological oil that was in the oil pipeline in the territory of the Republic of Lithuania.” According to the firm, “after the oil supply by the oil pipeline was stopped back in 2006 and … it became apparent that it would not be resumed, in 2014 Orlen Lietuva used the oil left in the pipeline for its own needs as its property. Polocktransneft Druzhba sought to prove that this oil was its property from the very restoration of Independence of the Republic of Lithuania and the Republic of Belarus.”

    According to TGS Baltic, “the Court of Appeal of Lithuania ruled that when the Republic of Lithuania restored its Independence, any and all assets and property physically located in its territory became the national property of the Republic of Lithuania according to the acta jure imperii principle, including the technological oil in dispute.”

    The TGS Baltic team consisted of Partners Valentinas Mikelenas and Lina Daruliene and Senior Associates Dovile Armalyte and Tadas Varapnickas.