Arzinger successfully represented the client's interests in the Supreme Court in a dispute with elements of force majeure

 

Arzinger's Dispute Resolution team has successfully defended the client's interests in a dispute with the Public Joint Stock Company "Kryukiv Carriage Works".

 

The dispute arose from the defendant's refusal to fulfill the terms of the supply agreement concluded before 24.02.2022, allegedly due to force majeure.

 

The case was complicated because the defendant obtained and submitted to the court of first instance a certificate of force majeure issued by the CCI. In addition, the client contacted Arzinger only at the stage of cassation proceedings. Nevertheless, Arzinger's attorneys managed to convince the Supreme Court judges that the CCI certificate cannot be considered as an indisputable proof of force majeure.

 

As a result, the Supreme Court overturned the decision of the court of appeal and upheld the court's decision of the first instance.

 

The project was led by former counsel, attorney-at-law Ievgen Diadiuk, and attorney-at-law Ivan Zalizhiak under the supervision of founding partner Shkliar Sergii.