Eterna Law has successfully represented Soufflet Negoce SA in the Supreme Court of Ukraine in the process of recognition and enforcement of a disclosure order issued by the High Court of Justice of England and Wales. This is a landmark court decision which establishes a new practice regarding recognition and enforcement of foreign judgments in Ukraine.
The application successfully went through the court of the first instance and court of appeal, until it was finally litigated before the Supreme Court of Ukraine. The Supreme Court dismissed the defendant’s appeal.
The Supreme Court approved the approach of the court of appeal that the enforcement of a foreign judgment against a person who formally was not a party to foreign court proceedings is permissible. The court concurred that the defendant as the officer of the original debtor company was bound by the disclosure order by way of having been named in the penal notice.
Furthermore, the Supreme Court accepted as evidence a witness statement of a foreign solicitor on the matters of foreign law. It was also held that the defendant was given proper notice of the foreign proceedings by e-mail since it was allowed by the respective rules of procedure. The Supreme Court further confirmed the possibility of judicial documents service under the Hague Convention of 1965 by e-mail and personal delivery.
The team of Eterna Law was led by Partner Eugene Blinov with support of Senior Associate Roman Protsyshyn.
