Tsirat Anna

Anna Tsirat represented foreign aircraft lessors such as Apollo Aviation Group, GE Commercial Aviation Services Limited, BBAM, CDB Aviation Lease Finance, Vallair, Castlelake, Avolon and others in cross-border aircraft related transactions, including acquisitions, leases and sales of commercial aircraft, primarily involving Boeing and Airbus.

As some aircraft planned to be used by Ukrainian operators are involved in asset backed securitization schemes Anna Tsirat represented issuers (Air Lease Corporation), borrowers and financiers (PK AIRFINANCE S.À R.L., CIT FINANCE LLC, DVB Bank SE, Macquarie AirFinance, Erste Group Bank AG, Wells Fargo).

Anna Tsirat served as counsel to foreign aircraft lessors in various airline bankruptcies, including those of Aerоsvit, Donbassaero, AirOnix, Khors.

Anna Tsirat represented Textron Financial Corporation/Cessna Finance Corporation/Cessna Finance Export Corporation/Textron Aviation Finance Corporation in sales of its corporate jets (Cessna & Bells) to Ukrainian business corporation.

As the leading expert in the field she is invited by specialized international legal editions to write in aviation law issues, like Getting the Deal Through – Aviation Finance & Aircraft Leasing and Air Transport, The official Guide to Aircraft Registration and Tax. Corporate Jet Investor Journal, UK, PWSP World Aircraft Repossession Index, Chapters on Ukraine in Aircraft Financing and in Aircraft Liens and Detention Rights both under gen. ed. Of G. McBain, in The Aviation Law Review under Ed. Sean Gates and others.

She is an author of numerous articles on aircraft financing in Ukrainian and issued a monograph on Unification of International Private Air Law in 2018. Her scientific thesis on this topic allowed her to receive a doctor of law degree.

Of course aviation field is not limited with aircraft financing only. It has a lot of other vital for its participants’ issues like dispute settlement between passengers and carrier for delay or non-performance of flights, relationship of carriers, both national and foreign, with local Aviation Authority (State Aviation Service of Ukraine) that may put different kinds of penalties for alleged violations in aviation activities or refuse to issue an allowance for international route operation etc.

All listed issues as well as any others may be decided with assistance of Jurvneshservice international lawyers headed by Anna Tsirat.

In case of failure to solve any problem amicably a party needs to apply to the court, either local one or a foreign or international arbitration depending on their contract clause. For example, such issues as compulsory repossession of engine or aircraft may be decided only in local commercial court under the prescriptions of procedural law.

Any dispute with State Aviation Administration of Ukraine is settled at local administrative court. Jurvneshservice  represents AtlasJet Ukraine in its dispute on refusal to issue allowance to operate commercial air route.

Ukrainian commercial courts consider disputes between lessor and lessee if there is no agreement as to referral to a foreign court or international arbitration. The Ukrainian court is ready to apply foreign law if the parties have agreed on that like it was in a dispute between AWAS and Khors where California law had been applied, while AWAS was represented by Anna Tsirat.

In case of a local airline bankruptcy a foreign lessor has to apply to local court at the airline’s location to receive outstanding lease payments as Ukrainian law on bankruptcy provides introduction of moratorium to satisfy creditors’ claims. Anna Tsirat has due experience in foreign lessors’ representation against bankrupt airlines (Khors, Donbassaero).

Due to deep understanding of international civil process Anna Tsirat was invited to write a chapter On Ukraine in International Civil Procedures published by Juris Publishing, Inc. since 2010. Anna and Gennadii Tsirat are co-authors to monograph Civil Procedure in Ukraine published by Kluwer Law International since 2012 and updated annually. Due to approval of amended procedural codes in December 2017 the monograph was considerably renewed.

As arbitration is treated as speedy instrument to settle disputes between contract parties and due to Ukraine’s participation in the New Your Convention on the Recognition and Enforcement of Foreign Arbitral Awards that significantly ease the process of recognition and enforcement of foreign award in Ukraine foreign lessors and suppliers prefer to include arbitration clause in their contracts with Ukrainian parties. Anna Tsirat participated in 15 arbitration processes where she represented both Ukrainian and foreign parties in different arbitration institutions, including Vienna International Arbitral Center, London Court of International Arbitration, the Arbitration Institute of Stockholm Chamber of Commerce and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry.

One of the key specialization of Anna Tsirat is franchising. She was a pioneer in advice in this field in Ukraine. She consulted both local and foreign franchisors. The Ukrainian franchisors were Pizza Chelentano, Two Geese, Kosmo, Blinok, Luciano Carvari, LalaEnglish and others. Foreign franchisors were ECCO, Engel & Völkers Property Shop, Subway, Papa John’s, Gloria Jean’s Coffees Holding, Mustang Jeans, Lora Piana, Prenatal and others. The range of Jurvneshservice service in the field franchising is varied from reviewing of an international franchising agreement planned to be used by a foreign franchisor while entering the Ukrainian market, up to draft of the full package of agreements that are usually used in franchising (single unit franchise agreement, master franchise agreement, territory development agreement, different kinds of license agreements).

Being fond of franchising as a mean of products and service marketing Anna Tsirat defended her scientific thesis on the topic Franchising agreements in 2003. Besides she issued two monographs in Russian on the topic in 2002 and Guidance to Franchise Agreements in 2010.

Besides, she wrote for foreign publishing houses on franchising including to Juris Publishing, Inc. loose leaf service on International Franchising that is updated annually, Getting the Deal Through: Franchising and Licensing, to International Bar Association Legal Practice Division on different issues of franchising, to Comparative Law Yearbook of International Business issued by Kluwer Law International.

If you deal with franchising, hundred per cent you will deal with trademarks, their protection and registration. Anna Tsirat is knowledgeable also in protection of other kinds of intellectual property like useful models and patents, copy and neighboring rights.

Due to her knowledge and experience she was invited by Kluwer Law International to write a monograph together with another well-known Ukrainian researcher, Yu. Kapitsa, on Intellectual Property Law in Ukraine. The monograph was published in 2011 and is updated when necessary.

Thanks to thorough knowledge of Ukrainian law and its different fields and Anna Tsirat’s scientific background she is often invited to act as an expert in Ukrainian law to foreign and arbitration court proceedings. She is invited both by parties to the process and by arbitration institutions themselves when arbitrators need to know expert opinion on some allegations on Ukrainian law made by the parties of the process.