Evidentiary value of affidavit: Interlegal helped a Client in an arbitration case
22 August, 2025
70
Interlegal recently received a request from Italian company – the claimant in a dispute against the Ukrainian party at the Vienna International Arbitration Centre (VIAC).
At the stage of case acceptance for consideration, a procedural issue arose regarding Ukrainian legislation. To clarify it, the Client requested Interlegal to provide a legal opinion in the form of affidavit.
Affidavit is a statement by lawyer or expert certifying significant legal facts (events) or their absence. This concept is rarely found in Ukrainian legal practice, unlike foreign legal practice.
In the framework of international arbitration proceedings, this document is used as evidence and, in particular, allows arbitrators to obtain a reliable interpretation of foreign legislation being important for dispute consideration. This is what our Client required.
In response to the request, Interlegal law team comprehensively analyzed Ukrainian law provisions and drafted a detailed affidavit with translation into English, which was added to case materials. It secured the Client’s proper representation of Ukrainian legislation in the arbitration proceedings and strengthened its position in the dispute.
Interlegal regularly assists foreign companies in drafting legal opinions upon Ukrainian legislation for arbitration tribunals and national courts in over 100 jurisdictions, forming an evidence base that meets international procedural standards.
Thanks to long-term experience of cooperation with foreign arbitration institutions, our lawyers know well what requirements such documents should meet. Our legal opinions are based on deep analysis of legislation and supported by practice, structured in a format that is clear and convincing for arbitrators. This allows our clients to effectively convey their legal position and to build-up a strategy.
Interlegal law team – managing associate & attorney-at-law Irina Maltseva, lawyer Mariia Kalashnikova managed by partner & attorney-at-law Karyna Gorova led the case.
