Ninkovic Law Office is able to provide a comprehensive legal service
in all areas and aspects of Serbian commercial law. However, members
of our team have a particular expertise in the key specialist practice
areas outlined below. For further information please click on the individual
practice area.
• Aviation
Law
• Banking
and Finance
• Civil
Litigation and Dispute Resolution
• Competition
Law
• Corporate
and Commercial
• Communication
and Media Law
• Company
Law, Representative Offices and Joint Ventures
• Employment
Law
• Environmental
Law
• Insurance
Law
• Insolvency
and Administration
• Intellectual
Property
• International
Private Law
• Legislative
Drafting and Government Consultancy
• Mergers
& Acquisitions and Privatization
• Professional
Development – Lectures and Seminars
• Property
and Construction Law
• Taxation
Law
Ninkovic Law Office acts for air operators, airlines, airports and
their insurers on liability, regulatory and commercial matters in Serbia.
It also has significant experience in aircraft financing, acting for
financial institutions and aircraft operators. Our recent experience
includes:
• Acting as local correspondents for London solicitors, on behalf
of the London Insurance Market, in defending and negotiating settlements
on various liability claims arising from international carriage by air;
• Acting as local correspondents for London solicitors on behalf
of airlines and London underwriters on the two major air disasters within
the former Yugoslavia (in Croatia and Macedonia);
• Acting as local correspondents for London solicitors on subrogation
claims on behalf of aviation re-insurers in London against the state
of Serbia (and other former Yugoslav Republics);
• Advising on various aviation related regulatory issues; and
• Advising financiers on the Serbian law aspects of aircraft leases
for commercial aircraft
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Our team have the capability and expertise to advise on all aspects
of complex finance transactions, including providing advice on the following:
• Aircraft finance
• Banking law
• Corporate finance facilities
• Equipment leasing and finance
• Property construction and development finance
• Regulatory advice
Recently, we have acted for and represented major national and international
banks and financial institutions, including undertaking the following
work:
• Representing clients in multi-party and multi-jurisdictional
disputes and settlements, in some of the most high profile disputes
involving international banks in Serbia;
• Representing the largest Yugoslav international commercial bank,
as chief legal counsel, in all of its foreign legal affairs;
• Advising on and drafting standard letter of credit agreements;
• Advising on and drafting standard banking contracts;
• Advising on and drafting custom made banking agreements including
large loan agreements.
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We have the capability, expertise and experience to handle dispute
resolution cases at all levels from ADR, which is still not much used
in Serbia, to Arbitration proceedings, Commercial Court proceedings
and Appeals before the Supreme Court of Serbia. However, our objective
is to achieve our clients’ objectives in a cost effective, timely
and professional way. Our recent experience includes:
• Litigating and settling various payment default cases in the
Commercial Court on behalf of international creditors;
• Representing clients before the Commercial Court on various
matters relating to international trade contracts, banking law, IP infringements
(trademarks and copyright) and insurance law;
• Acting as Serbian law experts in litigation pending before the
High Court in London in proceedings concerning Serbian banking law;
• Acting for a major Serbian bank in a multi-jurisdictional dispute
over the collection of receivables secured by way of a mortgage over
a ship;
• Acting for a major Serbian insurance company and handling all
of their Appeals to the Supreme Court of Serbia;
• Representing a major Serbian corporation in settlement negotiations
including, preparing a defence in proceedings before the High Court
in London in conjunction with UK solicitors, in a dispute with a Chinese
supplier worth some US$260m;
• Representing and advising a major international bank in proceedings
before the Commercial Court in Belgrade in a claim for recovery of a
debt owing under a mortgage over commercial property;
• Carrying out legal analysis and preparing submissions for the
World Bank regarding the Serbian civil law system, with amending proposals
incorporated into the World Bank report on Serbian Law;
• Preparing the recent draft Law on the Regulation of Courts for
the Government of Serbia;
• Representing an international investor who had acquired a lake
in Serbia in complex litigation wherein the State of Serbia claimed
property over the lake.
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We provide advice to domestic and international clients on mergers
and acquisitions and the effect of these transactions on companies and
subsidiaries operating within the Serbian market regarding competition
law issues. In particular we have provided advice and representation
on:
• Various aspects of the Serbian Competition Law;
• Dealings with the Competition Commission;
• Preparing mandatory submissions to the Competition Commission;
• Representation before the Commission.
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Ninkovic Law Office provides advice to domestic and international corporations
on mergers and acquisitions, foreign investment in Serbia including
through privatisations, joint ventures, international commercial transactions
and corporate restructuring. We have also advised clients regarding
asset and business acquisitions and disposals and have negotiated commercial
service agreements and takeovers within Serbia. Recently we have:
• Represented and advised a large European hypermarket operator
in their green-field investment in Serbia including on the relevant
tender process for the acquisition of state owned commercial property;
• Advised a major international hotel chain in re-establishing
its presence in Belgrade;
• Negotiated and drafted documentation for a consortium agreement
between three engineering companies presently engaged in a large reconstruction
development, and negotiated and drafted the agreement between the consortium
and the customer;
• Advised a major Serbian telecommunications company on various
legal issues arising from a major transaction effected with two international
telecommunications companies – one of the largest transactions
in the Serbian economy to date;
• Negotiated and structured the transfer of the use of the Serbian
Royal Palaces from the State to HRH Prince Alexander II of Serbia;
• Negotiated, drafted and finalized various international distribution
agreements for foreign and domestic companies;
• Negotiated, drafted and finalized international franchising
agreements for foreign franchisors;
• Negotiated, drafted and closed agency agreements for foreign
and domestic companies;
• Negotiated, drafted and implemented various kinds of collateral
agreements (mortgages, pledges, guarantees, etc.);
• Advised on the legal set up and structuring of a large international
music festival in Belgrade;
• Negotiated, drafted and closed technology agreements combined
with a distribution agreements between a US multinational and a Serbian
manufacturer;
• Negotiated, drafted and closed various licensing agreements
(patent, trademarks, know-how, copyright);
• Carried out legal analysis for the World Bank on Serbian commercial
law and company law, with proposals for various amendments being incorporated
into the World Bank report on Serbian law;
• Drafted the Country Procurement Assessment Report for the World
Bank;
• Provided advice to the International Financial Corporation on
the legal framework for factoring and how to establish factoring companies
in Serbia;
• Provided a legal opinion on the validity of a corporate guarantee
issued to the value of EUR 120 million in respect of one of the largest
investments made in Serbia;
• Provided advice to major international banks on the custody
of securities in Serbia.
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We have developed expertise in providing advice on Serbian legislation
regarding the Communications and Media sectors. Recently we have:
• Acted for a prospective purchaser of a national Serbian TV
channel;
• Provided comprehensive advice on all regulatory aspects of operating
a TV channel;
• Prepared the draft TV channel management agreement;
• Lobbied the Ministry of Communication with regards to potential
amendments to relevant legislation.
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We advise international and domestic clients on all aspects of setting
up Serbian operations, Serbian companies, Joint Ventures and representative
offices. Recently we have:
• Provided advice and representation on the incorporation of
foreign subsidiary companies and provided a comprehensive legal service
regarding their operations in Serbia;
• Provided advice and representation on the setting up of foreign
and domestic Joint Venture companies and provided a comprehensive legal
service;
• Provided advice on an asset purchase deal between US companies
with ramifications on their Serbian Representative office and established
a US company subsidiary;
• Represented a large Serbian holding company in a privatisation
transaction through a debt for equity conversion project;
• Represented a Serbian company regarding an increase of share
capital by foreign direct investment;
• Provided advice and representation on the registration of representative
offices of international companies in Serbia;
• Carried out legal analysis for the World Bank on Serbian commercial
and company laws, with proposals for various amendments being incorporated
into the World Bank report on Serbian law;
• Provided a legal opinion to a major international franchisor
on the existing franchise agreement regarding the share purchase of
joint venture equity between joint venture investors.
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We provide advice to Serbian and international companies on all aspect
of:
• workplace relations;
• contracts for employment; and
• contracts for services.
We have recently provided advice on employment law issues including
unfair dismissal, termination of employment, occupational health and
safety, managing redundancies and restructuring of the workplace within
the scope of advising international and domestic companies on the process
of acquisition of state owned companies through privatisation, the setting
up representative offices in Serbia, establishing Joint Ventures and
setting up subsidiary companies.
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We advise prospective national and international purchasers of Serbian
companies with regard to applicable environmental and planning legislation.
We have previously prepared comprehensive advice on Serbian Environmental
Law and Regulations on behalf of international banks considering large
loans to Serbian manufacturers. We have also provided advice to local
companies and associations with regard to potential environmental standards,
fines, and water pollution issues.
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Ninkovic Law Office has an extensive Insurance Law practice which
acts for international and domestic insurers and re-insurers. We advise
on insurance coverage issues, insurance policy wordings, insurance legislation
and insurance company registration. We are also proactive in developing
strategies for handling insurance claims and achieving an early resolution.
Recently we have:
• Represented a major Serbian insurer in insurance coverage litigation
regarding commercial property insurance;
• Represented and advised a major Serbian re-insurer in Arbitration
proceedings on various re-insurance issues;
• Acted for and provided advice to a major Serbian insurance company
in handling all their Appeals to the Supreme Court of Serbia relating
to insurance coverage issues;
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We have recently advised a financially troubled Serbian company regarding
potential insolvency and administration. Our recent experience in this
area has includes:
• Advising the Serbian Government Unit for Restructuring of Public
Utility Companies on legal issues pertaining to the bankruptcy of publicly-owned
companies;
• All aspects of company restructuring;
• All aspects of bankruptcy, asset sales and court applications.
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contact: ip@ninkovic.rs
We assist clients in the registration, protection, enforcement and licensing
of various intellectual property rights. Our recent experience includes:
• Registration and enforcement of trademarks;
• Representation regarding various trademark disputes;
• Advising on, drafting, preparing and filing of Patent applications
and amendments;
• Validation of European patents and preparation and filing of
national phase entry of PCT applications;
• Registration and enforcement of registered design rights;
• Assignment of IP rights.
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We have provided advice to a number of Embassies in Belgrade on various
questions involving international private law issues. These have usually
concerned circumstances involving Serbian citizens who are now resident
in other countries. Our lawyers have also acted as Serbia law experts
in a number of proceedings in the UK, Switzerland and Sweden regarding
various disputes involving questions of international private law and
conflict of laws.
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Our lawyers have acted as consultants to the Government of Serbia as
well as being on various Government Working Groups and Committees preparing
draft laws. Some of our experience is listed below:
• Assisting in the preparation of the draft Law on Foreign Investments
for the Government of Serbia;
• Assisting in the preparation of the draft Law on Registered
Pledges on Movable Assets for the Government of Serbia;
• Preparing the draft Law on Regulation of Courts for the Government
of Serbia;
• Preparing the draft Law on NGOs for the Government of Serbia;
• Assisting in the preparation of the draft Law on Financial Leasing
for the Government of Serbia;
• Assisting in the preparation of the draft Company Law for the
Government of Serbia;
• Assisting in the preparation of the draft Competition Law for
the Government of Serbia;
• Assisting in the preparation of the draft Law on Enforcement
Procedure for the Government of Serbia;
• Assisting in the preparation of the draft Law on Foreign Trade
Transactions for the Government of Serbia;
• Assisting in the preparation of the draft Law on Concessions
for the Government of Serbia;
• Assisting in the preparation of the draft Law on Trade for the
Government of Yugoslavia;
• Preparing and drafting the Religious Freedoms Law for the Government
of Serbia;
• Advising the Serbian Minister for Mining and Energy on various
petroleum exploration contracts;
• Advising the Serbian Minister for Foreign Economic Relations
on various legislative matters;
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We have advised international purchasers on buying companies through
the privatization process as well as through acquisitions of private
companies. We have also acted for domestic sellers of companies. We
have developed a close working relationship with the Privatization Agency.
We have gained expertise in all aspects of complex privatization and
merger and acquisition transactions including:
• Representing purchasers/sellers in negotiations
• Due diligence
• Drawing up of Strategic Investment Agreements
• Drawing up of Share Purchase Agreements
• Preparing Social Plans
• Preparing Investment and Marketing Plans
• Preparing Escrow Agreements and Performance Bonds
• Preparing all relevant company documents including Resolutions
and Prospectuses
• Advising on company restructuring.
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Some of our lawyers are part-time lecturers on commercial contracts,
international trade law and company law at the Faculty for Business
law in Belgrade, as well as having previously lectured at the University
of Belgrade. Our lawyers have participated and lectured on the following
professional development programs:
• Judicial training for judges of the Supreme Court of Serbia
and all Commercial Courts in Serbia on competition law and secured transactions;
• Training seminars on the law of collaterals for leading international
accountancy firms and banks in Serbia and for the Serbian Chamber of
Commerce;
• Providing training to bankruptcy liquidators on mortgage law
issues pertaining to liquidation of bankrupt companies.
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We have expertise in providing advice and representation to clients
on various aspects of property law and the sale and purchase of property.
Our experience includes the following:
• Negotiating the sale/purchase of property, drafting the coveyancing
documentation and closing such deals;
• Procuring construction permits;
• Negotiating, drafting and closing construction agreements;
• Negotiating, drafting and closing various lease agreements for
business use;
• Advising international investors on the purchase of government
owned land for development; on the participation in the public tender
process and carrying out all necessary land registry searches.
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We are always aware of the potential tax aspects of a transaction,
so we regularly advise our clients on the tax implications of structuring
various deals.
Recently we have provided tax advice on international franchising agreements,
international consortium relations and employment related taxation issues.
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