INTEGRITES Domestic Litigation team has successfully represented a leading Turkish bank in Ukraine in the matter on collection of the debt from a guarantor. The case was one of the first in Ukraine when an individual became the defendant in a commercial court.
Initially, the court of the first instance refused to recognize an individual guarantor as the defendant, initiate the proceedings and apply the new rules of procedure. However, lawyers of INTEGRITES successfully challenged the refusal of the court on appeal and, thus, proved the correctness of their choice of jurisdiction.
Additionally, the defendant tried to delay the case by applying for economic and handwriting expert examinations. Despite the fact that the guarantor refused to acknowledge his signature on the contract, INTEGRITES attorneys justified why the defendant’s requests for economic and handwriting expert examinations had to be rejected, as well as secured the seizure of the guarantor’s funds and other property.
The fact that the court rejected the application for handwriting examination and the confirmation of such a decision by the court of appeal has become exceptional in the national litigation practice.
INTEGRITES team inсluded partner and head of Domestic Litigation Oleksandr Onishchenko, senior associate Orest Tsimerman, attorney Serhii Rymar, associates Mykola Yerema and Ellina Tesliuk.