24/7

Arbitral award of International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in Georgia

26 декабря 2019 г.: en 218 марта 2019 г.: en 18 июля 2019 г.: en 1 всего: 7 01.03.16

Interlegal represented the interests of their Client, one of the major producers of fat and oil commodities, in respect of recognition and enforcement of arbitral award of ICAC against a Georgian company.

 

Under the Georgian law, recognition of foreign arbitral awards is conducted by the Supreme Court of Georgia. After the award is recognized, the creditor shall apply to enforcement bureau of Georgia, which performs the enforcement of judgments.

 

Interlegal has prepared and served all the documents necessary for the court’s consideration. Generally the procedure of recognition of a judgment under Georgian law takes around 2 months and does not require oral hearings. Yet, in this matter, the debtor took an active part in the proceedings and served several objections against recognition which led to appointment of oral hearing by the judge of Supreme Court.

 

The main argument of the debtor was that the conclusions of the ICAC in respect of awarding penalties contradicts the public order of Georgia, therefore, the award of  ICAC could not be recognized. Under the Georgian law provisions, in the event the penalties exceed half of the amount of the main indebtedness, they can be regarded by the court as ungrounded enrichment. During the oral hearing Interlegal managed to persuade the Supreme Court that the award of  ICAC did not contradict the public order of Georgia, as the amount of penalties did not evidence the possibility of ungrounded enrichment by the creditor.

 

The Supreme Court made a judgment in favour of the client of Interlegal and recognized the award of ICAC in full and Interlegal proceeded to enforcement of the arbitral award.

  • Interlegal lawyers recognized the German court decision at Darnitskiy District Court in Kiev2020.01.15

    A foreign transport company filed a request to Interlegal on recognition of the German court decision in their favour. The Debtor – Ukrai...

    show more
  • Interlegal Ukrainian and Romanian offices completed successfully the2019.12.18

    Previously, the Client – leading insurance company specialized in risk insurance during cargo transportation applied to Interlegal for damag...

    show more
  • Interlegal lawyers consulted the client upon income taxation2019.12.17

    The client applied to Interlegal upon explaining procedure of taxation on income received by non-resident under the Agreement on arranging t...

    show more
  • Interlegal, jointly with Georgian office, drafted legal opinion upon lawfulness of customs office actions2019.11.29

    The Client, Georgian freight forwarder, applied to Interlegal upon analyzing lawfulness of customs office and customs warehouse actions aime...

    show more
  • Interlegal lawyers drafted for the Client agreement on yacht charter management2019.11.28

    A client filed a request to Interlegal upon documentation required for yacht chartering. The Client planned to conclude agreement on yacht c...

    show more
  • Interlegal lawyers defended interests of German transport companies in three court proceedings simultaneously2019.11.13

    Interlegal lawyers applied to Kozelets District Court in Chernigov Region on recognizing several German court decisions on damage and intere...

    show more
  • Interlegal consulted IT-company upon specifications for applying NDA in Ukraine2019.11.06

    A foreign company engaged in AI, Big Data, IoT, software installation and maintenance, applied to Interlegal. The company planned to expand...

    show more
  • Interlegal lawyers won the LCIA Arbitration case amounting to 660 thousand USD2019.11.06

    The Ukrainian grain supplier engaged in large-scale international business applied to Interlegal for debt recovery from the Buyer (British C...

    show more
  • Interlegal acted as creditor’s legal adviser in the dispute against PJSC “Ukrzaliznytsia”2019.10.31

    Interlegal lawyers facilitated evidence base aimed to confirm the large transport and forwarding company’s claims against PJSC “Ukrzaliznyts...

    show more
  • Interlegal won one more case in favour of thyssenkrupp Materials Trading GmbH2019.10.28

    Interlegal applied to Kramatorsk City Court in Donetsk Region on recognizing ICAC at the UCCI Award on debt recovery from the Ukrainian comp...

    show more