The pre-trial dispute resolution procedure applies also to disputes with the participation of foreigners if the contract provides for that law of Ukraine is the applicable (governing) law.
Thus, where a foreign economic contract provides for that all the matters resulting therefrom shall be governed and construed in accordance with Ukrainian law, a creditor should file a claim against a debtor no matter who of them is a nonresident.
Such a claim shall be signed by the creditor’s CEO or any other duly authorized representative of the creditor. Therefore, a copy of the document certifying the authority of the person who has signed the claim should be enclosed thereto if it has been signed not the creditor’s CEO.
The claim should be sent to the legal address (location) of the organization (of the branch, representative office of the company if the claim has arisen from the activities thereof) or to the place of residence or to the place of staying or the place of work (employment) of an entrepreneur or a citizen if they do not reside in fact at the address specified.
The claim shall be sent to the debtor’s address by mail, registered or certified, postage pre-paid with return receipt requested or handed over against receipt.
The address specified in the contract may be other than a legal one and may also alter many times in the normal course of business. The official information about an entity’s legal address is contained in the Uniform State Register (USR). In order to obtain this information, the relevant extract in relation of any person of interest should be ordered and a fee paid.
If you have any doubt concerning the address of the debtor, in particular, if the debtor has not got in touch for a long time, does not react to correspondence sent earlier, has a damaged reputation, we recommend requesting information about the legal address of the debtor’s organization from the USR for the purpose of sending subsequently the claim to the correct address.
In the event of a dispute with the participation of foreigners, our company’s counsels will help you to:
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represent the interests of foreigners in the pre-trial dispute resolution procedure based on a document certifying the authority of the person who has signed the claim (to act as a duly authorized representative);
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obtain an extract from the Uniform State Register regarding the location of the debtor;
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check the debtor’s address through an on-site visit;
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prepare and send the claim to the correct debtor’s address;
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confirm and monitor the sending of the claim;
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obtain or monitor the obtaining of an answer to the claim;
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hold negotiations with the debtor for, in the name and on behalf of the foreigner in the territory of Ukraine.
If the pre-trial dispute resolution fails, a person may initiate a court proceeding the result whereof will be the obtaining of a writ of execution subject to enforcement this approaching to the actual satisfaction of the creditor’s claim.
Furthermore, our company’s counsels will help to represent foreigner’s interests in the procedure of enforced recovery of debt as well and before executive bodies.
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