DISPUTES WITH A FOREIGN ELEMENT

The provisions of the Law of Ukraine "On private International law" stipulates the right of participants in legal relations to determine which state's law is applicable to legal relations with a foreign element (ie to legal relations in which at least one participant is a foreigner , stateless person or foreign person; legal relations is located on the territory of a foreign state, a legal fact that affects the emergence, change or termination of legal relations, was or is related to a foreign state).

In addition, the abovementioned law also detrmines the jurisdiction of cases with a foreign element, according to which cases for dispute resolution between foreign and Ukrainian companies may be resolved in courts of Ukraine and courts of foreign countries, except for cases of exclusive jurisdiction.

In other words, it is possible that the dispute may be resolved both in the courts of Ukraine and in a court of a foreign state.

The process of coordination and planning of actions during the representation of the interests of a foreign legal entity in Ukrainian courts is quite complex and requires a set of actions:

  • confirmation of the legal capacity of a foreign person in court;
  • detemination of applicable law;
  • determination of the content and scope of application of foreign law, taking into account the practice and doctrine of its application;
  • carrying out procedural actions on the territory of a foreign state;
  • ensuring the implementation of the decision of a foreign court on the territory of Ukraine;
  • ensuring the implementation of the decision of the court of Ukraine on the territory of a foreign state;

The company's specialists, with practical experience in the field of private international law and relevant qualifications, provide a full range of services from preparation of analysis of grounds for appealing to judicial authorities to execution of a court decision in a dispute with a foreign element: recognition and execution of a foreign court decision on the territory of Ukraine  and\or recognition and execution of a court decision of Ukraine on the territory of a foreign state.