The Client – large bunkering company applied to Interlegal on payment recovery from the Guarantor on the grounds of loan agreements and the Guarantee and Indemnity (similar to the guarantee agreement under the Ukrainian legislation) issued by the Guarantor.
Specification of the Client’s task meant that guarantee was certified by the Guarantee and Indemnity – similar to the guarantee agreement but having some peculiarities, since governed by the English law.
Pursuant to the Guarantee and Indemnity, enforced recovery under this document might have been performed both in England and other states. The dispute should have been settled in accordance with the English law.
Since the Guarantor lived in Ukraine and owned real estate located in Ukraine, arbitration proceedings were initiated at the Ukrainian court but in accordance with the English law, as stipulated directly by the Ukrainian law provisions.
In the process of dispute consideration, Interlegal lawyers filed the necessary evidence on the merits and feasibility study under the English law governing the above relationship.
Interlegal experts could justify lawfulness of filing a claim to the Ukrainian court, proved occurrence of the right on cost recovery from the Guarantor and defended successfully the Client’s rights and interests. The court satisfied the claim in full.
Interlegal senior lawyer Karyna Gorovaya and team of lawyers Ellina Romanova and Mikhail Selivanov led the case.