Arbitral Digest

Matter

X v Evor Consulting OÜ (Tallinn Court of Appeal 2-23-1430/8)

X's aircraft-sale dispute with Evor Consulting, with Estonian proceedings challenging an arbitration agreement and a penalty claim in Ukrainian arbitration.

  • International commercial arbitration
  • Jurisdiction and arbitration agreements
Seat
Ukraine
Industry type
Manufacturing

Procedural record

  1. 12 July 2022Ukraine

    12 July 2022Ukraine

    Ukraine ad hoc arbitral award dated 12 July 2022

    Decision summary
    The ad hoc tribunal upheld the arbitration agreement and awarded Evor Consulting OÜ a EUR 5,000,000 contractual penalty against X under the 3 December 2018 aircraft sale agreement.

    Participants

    X
    Evor Consulting OÜ

    3 months and 19 days later · 111 days

  2. 31 October 2022Ukraine

    31 October 2022Ukraine

    Ruling of the Kyiv Court of Appeal in case 824/83/22 dated 31 October 2022

    Kyiv Court of Appeal

    Decision summary
    The Kyiv Court of Appeal rejected X's application to set aside the 12 July 2022 arbitral award.

    2 months and 12 days later · 73 days

  3. 12 January 2023Ukraine

    12 January 2023Ukraine

    Ruling of the Supreme Court of Ukraine in case 824/83/22 dated 12 January 2023

    Supreme Court of Ukraine

    Decision summary
    The Supreme Court of Ukraine upheld the Kyiv Court of Appeal's ruling and rejected X's challenge to set aside the 12 July 2022 arbitral award.

    Authorities cited

    2
    • Ukrainian Civil Procedure Code § 459(2)
      statute
    • Ukrainian Law on International Commercial Arbitration § 34(2)
      statute

    1 month and 25 days later · 56 days

  4. 9 March 2023Ukraine

    9 March 2023Ukraine

    Ruling of the Supreme Court of Ukraine in case 824/80/22 dated 9 March 2023

    Supreme Court of Ukraine

    Decision summary
    The Supreme Court of Ukraine left without consideration Evor Consulting OÜ's application for recognition and enforcement of the arbitral award because the application did not include the original arbitration agreement or a notarised copy.

    Authorities cited

    1
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), 1958 (New York Convention 1958, Article 4)
      treaty

    1 month and 12 days later · 43 days

  5. 21 April 2023Ukraine

    21 April 2023Ukraine

    Ruling of the Ukrainian Court of Appeal in case 824/55/23 dated 21 April 2023

    Ukrainian Court of Appeal

    Decision summary
    The Ukrainian Court of Appeal admitted Evor Consulting OÜ's renewed application for recognition and enforcement of the arbitral award, filed with a certified copy of the original aircraft sale agreement.

    2 months later · 61 days

  6. 21 June 2023Estonia

    21 June 2023Estonia

    Ruling of the Tallinn Court of Appeal in case 2-23-1430/8 dated 21 June 2023

    Tallinn Court of Appeal

    Decision summary
    The Court of Appeal dismissed X's appeal and left unchanged the refusal to admit X's action against Evor Consulting OÜ. It held that the claims challenging the arbitration agreement and the contractual penalty were barred by the valid arbitral award under Code of Civil Procedure § 371(1)(7), while the claim seeking a declaration that the aircraft sale contract was void was manifestly without prospect under § 371(2)(2). The court changed and supplemented the lower court's reasoning and allocated the appellate costs to X.

    Participants

    X
    Representative
    Maria Teder (For: X)
    Representative
    Anton Sigal (For: X)
    Evor Consulting OÜ
    Representative
    Leho Pihkva (For: Evor Consulting OÜ)
    Tallinn Court of Appeal
    Judge
    Maris Kuurberg
    Judge
    Indrek Soots
    Judge
    Neve Uudelt

    Authorities cited

    20
    • Estonian Code of Civil Procedure (TsMS § 168(1))
      statute
    • Estonian Code of Civil Procedure (TsMS § 171(1))
      statute
    • Estonian Code of Civil Procedure (TsMS § 177(2))
      statute
    • Estonian Code of Civil Procedure (TsMS § 238(1))
      statute
    • Estonian Code of Civil Procedure (TsMS § 368(1))
      statute
    • Estonian Code of Civil Procedure (TsMS § 371(1)(4))
      statute
    • Estonian Code of Civil Procedure (TsMS § 371(1)(7))
      statute
    • Estonian Code of Civil Procedure (TsMS § 371(2)(2))
      statute
    • Estonian Code of Civil Procedure (TsMS § 619)
      statute
    • Estonian Code of Civil Procedure (TsMS § 620(1)(1))
      statute
    • Estonian Code of Civil Procedure (TsMS § 657(1)(21))
      statute
    • Estonian Code of Civil Procedure (TsMS § 659)
      statute
    • Estonian Code of Civil Procedure (TsMS § 662(3))
      statute
    • Estonian Code of Civil Procedure (TsMS § 663(5))
      statute
    • Estonian Code of Civil Procedure (TsMS § 718(2))
      statute
    • Estonian Code of Civil Procedure (TsMS § 754(1))
      statute
    • Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), 1958 (New York Convention 1958, Articles 4 and 5)
      treaty
    • Supreme Court of Estonia ruling (RKTKm 12 December 2018, 2-18-4731, § 15.2)
      case
    • Supreme Court of Estonia ruling (RKTKm 11 April 2018, 2-16-15675/26, § 24)
      case
    • Tsiviilkohtumenetluse seadustik II. Kommenteeritud väljaanne, § 371, p 3.3.7
      academic

Matter record

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X v Evor Consulting OÜ (Tallinn Court of Appeal 2-23-1430/8) · Matter