REVERA recovered receivables from a Cyprus-based resident through the ICAC at the Ukrainian Chamber of Commerce and Industry: the award was rendered in just seven months
REVERA’s lawyers successfully recovered receivables under a marketing services agreement from a company incorporated in Cyprus in favour of a Belarusian company. The dispute was resolved by the International Commercial Arbitration Court (ICAC) at the Ukrainian Chamber of Commerce and Industry (UCCI).
Case specifics
Language of arbitration proceedings
The arbitration clause in the contract stipulated two languages for the proceedings — Ukrainian and Russian. The respondent was a legal entity registered in Cyprus. Taking this into account, the arbitrator concluded that selecting a single language for the proceedings would eliminate potential translation difficulties and ensure consistency and uniformity of the arbitral award.
Proving the scope of services rendered
One of the challenges of the case was the absence of traditional documentary evidence such as signed acceptance certificates delivered via post or electronic document management systems. Instead, the certificates were sent via the Telegram messenger. The respondent raised no objections to the certificates, which, in the context of the established course of business dealings, indicated that they were accepted without objections — as also evidenced by the fact that the respondent had paid for similarly submitted certificates in the past.
The respondent itself monitored the number of leads generated using dedicated software and, at the end of each reporting period, sent reports to the claimant. The claimant, in turn, used these reports to prepare the certificates. This confirmation of the volume of services rendered helped to persuade the arbitrator that the certificates merely formalised data previously provided by the respondent.
Implied acceptance of certificates
Another issue was the lack of formal confirmation of acceptance of the certificates by the respondent. However, the claimant substantiated that the respondent’s silence, within the established business practice between the parties, constituted an implied acceptance of the certificates.
Thanks to an effective dispute resolution strategy and a properly structured evidentiary approach, REVERA secured a favourable award for its client in less than seven months from the filing of the claim. The arbitrator granted the claimant’s demands and ordered recovery of the principal debt, penalty sanctions (partially), and arbitration costs amounting to approximately EUR 50,000.
REVERA assists clients in efficiently recovering debts through international arbitration. We work with various arbitral institutions in complex jurisdictions.
Authors: Aliaksei Fedarovich, Alina Marchyk
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