We provide such legal services as:
- representation of interests in foreign courts in commercial, administrative and civil cases
- handling cases in international commercial arbitration
- arrest of property abroad, application of other interim measures
- recognition and enforcement of foreign judicial and arbitral awards in Ukraine and decisions of Ukrainian courts abroad
- collection of debts from foreign debtors
Protection of interests of Ukrainian companies in international commercial arbitration
Our lawyers possess considerable experience in representing our Ukrainian clients’ interests in international commercial arbitration proceedings took place in England, Sweden, Switzerland and Ukraine under the rules of UNCITRAL, London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Arbitration Institute of the Stockholm Chamber of Commerce (SCC Arbitration Institute), and International Commercial Arbitration Court (MKAS) at the Ukrainian Chamber of Commerce and Industry.
Disputes handled by our lawyers covered a wide range of legal and commercial issues, such as delivery of goods and of various equipment, contracts on ships construction at the Ukrainian shipyards, provision of consulting services, issuance of a bank guarantee, and protection of foreign investments in Ukraine. Our lawyers participated in development of a legal position in the case, selection and appointment of arbitrators, conducted the search and gathering of written evidence, search and preparation of witnesses, obtaining of expert opinions, involvement of foreign lawyers and coordination of their work, preparation and filing procedural documents. Also, within the scope of arbitration work we have regularly analyzed the possibilities for appeal (challenge) of arbitral awards at the place of their issuance, as well as possibilities for recognition and enforcement of foreign arbitral awards in Ukraine and abroad.
Collection of offshore company debts through litigation in Greece
The client requested legal assistance in collection of crewmen’s salary debts from the company registered in Marshall Islands. The MBLS’ lawyers, together with the Greek colleagues, prepared a complaint against the founders of the shipping company demanding payment of the salary debt, overtime work charges, and differences between salaries provided by the employment contract and the Greek collective employment agreement, and filed the complaint to the Greek court. Further, our lawyers represented the client’s interests during proceedings in the Piraeus court. In addition to the civil lawsuit, our lawyers have initiated criminal charges against the founders of shipping company.
Protection of Ukrainian nationals suspected in committing of crimes abroad
The MBLS organized legal protection of the citizens of Ukraine arrested in Sri-Lanka accused of committing of grave crimes in that country. Relatives of the accused addressed to our firm after they had learned about the arrests. The MBLS promptly provided the accused with assistance of the Embassy of Ukraine in India and of the Honorable Consul of Ukraine in Sri-Lanka. We have also engaged a qualified local attorney to advocate the accused persons. Our lawyer attended the country of detention several times, gathered additional information on the case, inspected detention conditions, state of health of detained Ukrainian citizens, investigated progress and prospects of the case.
The enforcement of Ukrainian court decision and collection of the debt in Estonia
We have acted on the instruction of Ukrainian client who wished to recover a debt from Estonian company. With the use of special jurisdiction rules for such type of cases, MBLS lawyers filed a claim with Ukrainian court. In course of the proceedings, we have also obtained an order of the Ukrainian court requesting the competent court of Tallinn to question the respondent’s officers. Despite objections of the respondent, the Ukrainian court issued a decision ordering the respondent to pay the debt. After obtaining the decision, our lawyers, together with Estonian colleagues, prepared relevant procedural documents and procured the full and complete enforcement of the Ukrainian court decision in Estonia. The decision was executed forcibly. The debt was recovered in full.
Enforcement of Ukrainian court decisions on recovery of the unpaid crewmen’s salary in Russian Federation
The MBLS has been instructed by a group of Ukrainian citizens to enforce 22 Ukrainian court judgments delivered against the Liberian ship-owner regarding the payment of salary debt to the crew of m/v «Star Lite» flying under the flag of Saint Vincent. The vessel had been arrested in Port Novorossiysk (Russian Federation) as an interim measure in this case. MBLS lawyers used the Convention on Legal Assistance and Cooperation signed by the countries members to the CIS, employing a simplified procedure for recognition and enforcement of court decisions, and also agreed with other creditors on assignment of claims. As a result, the debt had been effectively collected even before the sale of the vessel.