Arbitral Digest

Matter

COM s.r.o. v Oriana (International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, AC no. 142y/98)

Case no.
AC no. 142y/98
Applicable rules
Rules of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry
  1. 23 December 1998Arbitration

    23 December 1998Arbitration

    Arbitration Award of 23 December 1998 (case AC no. 142y/98)

    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    Decision summary
    The International Commercial Arbitration Court ordered Oriana to pay COM s.r.o. USD 2,466,906.47 in compensation for breach of contract concerning the processing of raw materials.

    Supporting details

    2 participants
    COM s.r.o.
    Oriana
    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    9 months and 23 days later · 297 days

  2. 16 October 1999Ukraine

    16 October 1999Ukraine

    Order of the Ivano-Frankivsk Regional Arbitration Court dated 16 October 1999

    Ivano-Frankivsk Regional Arbitration Court

    Decision summary
    The court rejected COM s.r.o.'s request to initiate bankruptcy proceedings against Oriana.

    Supporting details

    2 participants
    COM s.r.o.
    Oriana
    Ivano-Frankivsk Regional Arbitration Court

    2 years, 11 months and 2 days later · 1068 days

  3. 18 September 2002Ukraine

    18 September 2002Ukraine

    Order of the Ivano-Frankivsk Regional Commercial Court dated 18 September 2002

    Ivano-Frankivsk Regional Commercial Court

    Decision summary
    The court instituted bankruptcy proceedings against Oriana.

    Supporting details

    1 participant
    Oriana
    Ivano-Frankivsk Regional Commercial Court

    1 year, 9 months and 3 days later · 642 days

  4. 21 June 2004Arbitration

    21 June 2004Arbitration

    International Commercial Arbitration Court order of 21 June 2004

    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    Decision summary
    The tribunal dismissed COM s.r.o. and Regent Engineering International Limited's request to recognise Regent Engineering International Limited as creditor because the tribunal had been dissolved after making the award.

    Supporting details

    2 participants
    Regent Engineering International Limited
    COM s.r.o.
    International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

    2 months and 20 days later · 81 days

  5. 10 September 2004Ukraine

    10 September 2004Ukraine

    Ruling of the Ivano-Frankivsk Regional Court of Appeal dated 10 September 2004

    Ivano-Frankivsk Regional Court of Appeal

    Decision summary
    The court declared Regent Engineering International Limited to be Oriana’s creditor for the USD 2,466,906.47 debt arising from the 23 December 1998 arbitration award and allowed its substitution for COM s.r.o. in the enforcement proceedings.

    Supporting details

    3 participants
    Regent Engineering International Limited
    COM s.r.o.
    Oriana
    Ivano-Frankivsk Regional Court of Appeal

    1 year, 3 months and 19 days later · 475 days

  6. 29 December 2005Ukraine

    29 December 2005Ukraine

    Ruling of the Ivano-Frankivsk Regional Commercial Court dated 29 December 2005

    Ivano-Frankivsk Regional Commercial Court

    Decision summary
    The court ruled that the State Bailiffs’ Service had to discontinue the enforcement proceedings against Oriana.

    Supporting details

    3 participants
    Regent Engineering International Limited
    Oriana
    Kalush State Bailiffs’ Service
    Ivano-Frankivsk Regional Commercial Court

    1 month and 8 days later · 39 days

  7. 6 February 2006Ukraine

    6 February 2006Ukraine

    Order of the Ivano-Frankivsk Regional Commercial Court dated 6 February 2006

    Ivano-Frankivsk Regional Commercial Court

    Decision summary
    The court allowed Regent Engineering International Limited’s request and ordered amendments to Oriana’s list of creditors to reflect the assigned arbitration debt.

    Supporting details

    2 participants
    Regent Engineering International Limited
    Oriana
    Ivano-Frankivsk Regional Commercial Court

    2 years, 1 month and 28 days later · 787 days

  8. 3 April 2008International

    3 April 2008International

    Judgment of the European Court of Human Rights in the case Regent Company v. Ukraine dated 3 April 2008

    European Court of Human Rights

    Case no.
    Application no. 773/03
    Decision summary
    The Court dismissed Ukraine's preliminary objection, found violations of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 arising from the continued non-enforcement of the 23 December 1998 arbitration award, and ordered Ukraine to pay Regent Engineering International Limited the outstanding award debt with default interest. The finding of violation was sufficient just satisfaction for non-pecuniary damage, and the remainder of the claim was dismissed.

    Supporting details

    13 authorities · 12 participants
    Regent Engineering International Limited
    Representative
    Yuriy Portnik (For: Regent Engineering International Limited)
    Ukraine
    Representative
    Yuriy Zaytsev (For: Ukraine)
    European Court of Human Rights
    Other
    Institutional administrator
    Claudia Westerdiek

    Authorities cited

    13
    • Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6 § 1; Article 34; Article 41; Article 44 § 2)
      statute
    • Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms (Article 1)
      statute
    • International Commercial Arbitration Act of 24 February 1994 (24 February 1994)
      statute
    • Enforcement Proceedings Act of 21 April 1999 (21 April 1999)
      statute
    • State Bailiffs’ Service Act of 24 March 1998 (24 March 1998)
      statute
    • Law no. 2864-III of 29 November 2001 on the introduction of a moratorium on the forced sale of assets (Law no. 2864-III of 29 November 2001)
      statute
    • Law of 14 May 1992 on the restoration of a debtor’s solvency or the declaration of bankruptcy (14 May 1992)
      statute
    • Lithgow and Others v. the United Kingdom (Judgment of 8 July 1986, Series A no. 102, §§ 201-02)
      case law
    • Burdov v. Russia (No. 59498/00, § 40, ECHR 2002-III)
      case law
    • Poltorachenko v. Ukraine (No. 77317/01, § 45, 18 January 2005)
      case law
    • Civil Code of Ukraine (Articles 197-202 and 214)
      statute
    • Ownership Act of Ukraine (Chapter VII)
      statute
    • Constitutional Court of Ukraine judgment of 10 June 2003 on the moratorium on the forced sale of property (Judgment of 10 June 2003)
      case law

Matter record

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COM s.r.o. v Oriana (International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, AC no. 142y/98) · Matter