News

Pavlenko & Poberezhnyuk won the arbitration process of Tubex Commodities AG in a dispute vs. Zasyadko Coal Mine

21.12.2009

On December 7, 2009, the International Commercial Arbitration Court at the UCCI made a positive decision on the claim of Tubex Commodities AG, a Swiss company, against ‘A.F. Zasyadko Coal Mine’, a lease holding company, on recovering a debt under the contract on delivery of tube shell and tube products.

Since the end of 2008, the lease holding company deviated from payment for the products delivered by the claimant. The amount of the claim is USD $1.7m.

Pavlenko and Poberezhnyuk, Law Group, defended the interests of Swiss company Tubex Commodities AG in this dispute. Markiyan Halabala, attorney-at-law and Anna Kombikova, a lawyer, have been working on this case under the direction of Oleksandra Pavlenko, attorney-at-law, partner with Pavlenko and Poberezhnyuk, Law group.

“Considering the difficult economic situation throughout Europe, deviation from debt payment during a year was inadmissible for a foreign resident. Representing the foreign client’s interests in this dispute, we faced a number of difficulties rather connected with not a legal position or Ukrainian legislation but with an objective financial situation of the contracting party. Despite of the common nature of such situation, the obstacles had been overcome”, Oleksandra Pavlenko, attorney-at-law, partner with Pavlenko and Poberezhniuk, Law group, noted.