To defend the client's interests in a dispute over the recognition and granting of permission to enforce a decision of the Portland International Commercial Arbitration Court in Ukraine in the amount of UAH 4 500 000
Portland International Commercial Arbitration Court considered the dispute on intellectual property rights violation. According to the results of the case, the fact of intellectual property rights infringement and the obligation to compensate the losses in the amount of more than UAH 4 500 000 were established.
After the decision the applicant applied to the Kyiv Court of Appeal for the recognition and authorization to execute the decision of Portland Arbitration.
The defendants applied to Patriot. Legal in order to provide a legal opinion on the legality of the Portland arbitration award and whether there were grounds for its recognition in Ukraine.
The project included legal analysis of the Federal Arbitration Act, Ukrainian Code of Civil Procedure, Oregon Statutes, Portland Arbitration Rules.
As the result, there were grounds for refusal of recognition and granting a permit for execution of international commercial arbitration award due to significant procedural violations when making the decision, and also for failure of the procedure of recognition and legalization of Portland arbitration award in any federal court of the USA or Oregon state court.
Lindyuk Svyatoslav, an attorney with the Litigation and Corporate Law practice, worked on the project.