INTEGRITES have successfully defended interests of the Ukrainian enterprise in the arbitration against Russian chemical giant with USD 30 million at stake.
In this case, Russian company launched arbitration against Ukrainian enterprise under the Arbitration Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry. It sought to recover USD 22 million of direct damages and lost profit, USD 2,5 million penalties and moral damages, as well as requested specific performance in form of an additional delivery of goods according to the contract in the amount of more than USD 5,5 million.
INTEGRITES team of lawyers acted as counsel to the Ukrainian respondent. It has succeeded to prove that almost all claims were baseless and forced the claimant to abandon some of them even during the arbitral proceedings, including the claim on additional delivery of goods. The arbitral tribunal concurred with the arguments advanced by INTEGRITES lawyers on the deficiency of basis and evidence that would be necessary to recover amounts claimed. As a result, it dismissed main claims; in particular, the claim for recovery of lost profit, penalties and moral damages in full as well as the claim for recovery of the lion’s share of direct damages.
The INTEGRITES lawyers team led by Olena Perepelynska, Partner of international arbitration practice, included Dariya Ganzienko, Senior associate and Anastasiia Iliashenko, Associate.