Representing the interests of the client (the plaintiff) in the court, our associates resorted to a peaceful resolution of economic dispute, the amount of which exceeded 1 million of UAH. Our representatives held negotiations with the opponent and agreed on the payment of not only principal amount but also of the penalties. The parties concluded an amicable agreement that was further approved by the court. It permitted the client to achieve its goal in a fast and efficient manner, without awaiting the judgment of the court and without its forced execution. The opponent began the fulfillment of his undertaken obligations and satisfied a large part of the demands of the client even before the approval of the amicable agreement by the court.
In the process of concluding the agreement our associates managed to apply positive novelties of economic procedural legislation:
- the parties moved beyond the subject matter of the dispute and succeeded to settle the issues, that were not incorporated in the claim, in the amicable agreement (part 1 Article 192 of Economic Procedural Code);
- the court ruled to refund 50% of court fee from the state budget in favor of the client that was paid by him when filing a claim (part 1 Article 130 of Economic Procedural Code).
As early as last year it was impossible.
Another good thing of the new Economic Procedural Code is a possibility to conclude an amicable agreement at any stage of judicial process (including in the appeal and cassation) (part 7 Article 46 of Economic Procedural Code).
The case was run by the Partner of Synergy Agency Anna Kravchuk and the associate Dmitriy Koroza.
Press-Service of IP Law Agency “Synergy”
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