Resolution of the Supreme Court of Ukraine, dated February 13, 2012, case No. 21-422а11. Available at http://reyestr.court.gov.ua/Review/22204833 In accordance with part 1 of Article 1 and part 1 of Article 2 of the Ukrainian Law On the Procedure for Settlements in Foreign Currency, import transactions of residents performed on a deferred payment basis must be…
Category: Arbitration & ADR
No effect of an arbitration clause in contract invalidation proceedings started by a third party who is a bankruptcy initiating creditor
Resolution of the Supreme Court of Ukraine, dated November 16, 2016, case No. 908/560/16. Available at http://reyestr.court.gov.ua/Review/62880970 I.T.G-INVEST LLC submitted an action to the Zaporizhzhia Region Commercial Court requesting invalidation of loan agreement No. 19 of 10.02.2009 and additional agreements No. 1 of 15.04.2011, No.2 of 04.11.2011 and No. 3 of 30.07.2014. The lower courts…
Statute of limitations
Resolution of the Supreme Court of Ukraine, dated March 24, 2017, case No. 544/525/15-ц. Available at http://www.reyestr.court.gov.ua/Review/66907384 A limitation period can be interrupted by submission of a lawsuit by a plaintiff to a court, including by mail. The submission should be done in compliance with requirements of procedural law, in particular Articles 109, 119, 120…
Choice of court agreements
Resolution of the Higher Commercial Court of Ukraine, dated September 15, 2015, case No. 911/539/15. Available at http://reyestr.court.gov.ua/Review/50706939 The lower courts ascertained that the plaintiff in this case had filed the action against the defendant on the ground of the right of subrogation under the contract of cession, dated March 03, 2014. The plaintiff is a…
Application of the Convention on the Limitation Period in the International Sale of Goods (New York, 1974)
Resolution of the Higher Commercial Court of Ukraine, dated August 20, 2014, case No. 917/2572/13. Available at http://reyestr.court.gov.ua/Review/40263116 In paragraph 10.2 of the contract the parties have agreed that in respect of the rights and obligations of the parties the law of the country of the defendant shall be applied; in this case it is legislation…
Bonum Aequum Ars Jus 