International court ruling worth $21.5mn enforced

Other issues Mykolayiv region

Complainee: Supreme Specialized Court for Civil and Criminal Cases
Complaint in Brief: In February 2016, the BOC received a complaint from Nibulon, a world famous grain trader, regarding a delay caused by Ukrainian courts in recognizing and enforcing on the territory of Ukraine a ruling made in an international court. The international court had obliged another company operating in Ukraine to pay US $21.5 million in damages to the Complainant. Nibulon faced systematic delays and violations of reasonable deadlines for the case to be heard in domestic courts. Overall, Ukrainian courts had sat on the case for more than 2 years without result.
Actions taken: Considering the huge delay in enforcing the international court’s ruling on the territory of Ukraine, the BOC addressed the Chief Justice of the Supreme Specialized Court for Civil and Criminal Cases with strong recommendations to ensure a free, open and fair hearing for the Complainant. Shortly afterward, a court hearing was scheduled in which the BOC participated as an independent observer.
Result achieved: That same day, the Ukrainian court reviewed the claim and issued a decision that recognized the international ruling and ruled that the arbitration award be enforced. It took the BOC two months to settle a case that had been stonewalled for two years. The Complainant was very satisfied with the BOC’s assistance and sent a thank-you letter.

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