The international manufacturer of industrial equipment waited for 6 years before becoming a TEFFI Law Firm Client and suing the debtor, a Ukrainian private individual entrepreneur, for debt collection for the delivered equipment.
The case complicated because of an arbitration clause – the Parties agree to transfer any dispute to an arbitration institution (in the case of the Client – Stockholm, Sweden), and the contract governed by Swedish law.
But this case is interesting not even the Swedish arbitration clause, but the decision of the Ukrainian Commercial Court to which TEFFI lawyers filed a lawsuit, taking advantage of the shortcoming found on the arbitration clause.
The Court, without opening proceeding in a commercial case, i.e. at the stage of resolving the issue of initiating proceeding, ruled to leave the claim without consideration!
The Court of Appeal, to which TEFFI Law Firm appealed against the decision, of course accepted our side, canceled this decision and sent the case to the court of first instance for further consideration.
Well, let’s fight on!