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Arzinger’s lawyers successfully stood up for an Austrian company selling paper in debt collection arbitration proceedings
Arzinger Law Firm, Kyiv, Ukraine
April 11, 2012
Lawyers of Arzinger Law Office represented an Austrian paper selling company in arbitration proceedings in a debt collection case against a Ukrainian company. Arzinger’s client supplied paper on the Ukrainian company’s order, but the latter did not pay in full for the supplied products thus forcing the Austrians to apply to Arzinger’s lawyers for competent legal support.
Arzinger set up a dedicated team of alternative dispute resolution and litigation lawyers, who promptly reviewed numerous documents of the case and formed a clear legal position to protect the interests of the Austrian company. As a result, two debt collection arbitrations were initiated on behalf of the client against the Ukrainian debtor at the International Commercial Arbitration Court at the Chamber of Commerce of Ukraine.
In the course of the project the Secretariat had some difficulties with notifying the debtor of the date of the proceedings that could lead to termination of the arbitration proceedings. Despite that, Arzinger’s lawyers managed the correct debtor notification and, besides, caused arbitration awards to be passed in both cases right at the first hearing. The claims of the Austrian company, Arzinger’s client, were satisfied in full.
Legal support of the case was provided by Markian Malskyy, Head of Arzinger’s West Ukrainian Branch and Head of Alternative Dispute Resolution; Senior Associate Dmytro Gadomsky and Associate Volodymyr Yaremko.
Markian Malskyy’s comment: “The case is specific to the extent that the client delivered the goods indirectly, through third parties. Furthermore, the debtor ordered goods via electronic communications without digital signature and many other documents that could prove the interaction between the two legal entities. Despite that, Arzinger’s lawyers managed to convince the court of the legal relationship between the client and the debtor as well as to prove our client’s case”.
Lawyers of Arzinger’s alternative dispute resolution (arbitration) and litigation practice have extensive experience in representing leading Ukrainian and international companies in all major international arbitration institutions. Thus, they were engaged in international arbitration proceedings under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, Rules of the London Court of International Arbitration, Rules of the International Chamber of Commerce, Rules of the International Commercial Arbitration Court at the Chamber of Commerce of Ukraine, the UNCITRAL Rules as well as in international investment arbitrations, including proceedings under the Rules of the International Centre for settlement of Investment Disputes (ICSID).
Arzinger’s expertise in resolving litigation and international arbitration disputes are recognized by many clients, whose interests the firm successfully represented, and are recorded by international legal directories: Legal Experts EMEA, Chambers Global, Chambers Europe, The Legal 500 - EMEA, Who's Who Legal: CIS, Best Lawyers and others, as well as by domestic ratings and studies.