ICAC at the UCCI agreed with Interlegal arguments and made an award in favour of the Client
15 March, 2017
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Interlegal experts completed successfully arbitration proceedings initiated in the interests of the largest steel and equipment production concern.
Application to the arbitration was grounded on breach of the long-term contract on steel supply between the foreign manufacturer and one of the largest Ukrainian metallurgic plants. In particular, for over 10 years of cooperation, the Ukrainian part – metal product buyer – faced large indebtedness for supplied goods.
Having defended the Client’s interests in the dispute with the Ukrainian enterprise, Interlegal lawyers proved the fact of proper fulfillment of contractual obligations by the Supplier and justified breach of contractual obligations by the Buyer which resulted not only in principal debt but also in financial interest accrual. The total chargeable amount exceeded 3 million USD.
Having justified non-fulfillment of financial obligations just at the pretrial settlement stage, the Debtor referred to force majeure as grounds for release from responsibility.
Having prepared to the arbitration proceedings, Interlegal team made a detailed analysis of the Debtor’s arguments concerning force majeure and performed legal assessment of the dispute prospects. Having analyzed the Ukrainian substantive law governing the commercial contract, as agreed by the Parties, and Force Majeure Clause of the International Chamber of Commerce incorporated in the contract, the lawyers came to conclusion on the Debtor’s groundless position.
It is noteworthy that by virtue of the agreed arbitration clause, ICAC at the UCCI performed arbitration proceedings and oral hearings in Ukrainian.
Successful performance of the Client’s order not only facilitated grounds for further enforcement of the arbitration award but also persuaded the Client in the valid in Ukraine effective mechanism of defending violated rights of foreign persons.
Interlegal senior lawyer Karyna Gorovaya and lawyer Mikhail Selivanov, under general supervision of partner Natalya Myroshnychenko, led the case.
