The Client, a private company and its counterparty have entered into the refundable financial assistance agreement. Under the terms of this agreement, the Client lent another company an amount of more than UAH 50 million.
The counterparty in order to avoid the fulfillment of its obligations applied to the court with a claim to invalidate the agreement. The court consideration of this case lasted since 2016. Having entered on the side of the defense, GOLAW attorneys at law due to their well-founded position and quality arguments, convinced the Supreme Court of the necessity to overturn previous court decisions and send the case for a new proceeding before a first-instance court.
The first instance court agreed with the arguments of GOLAW attorneys at law and dismissed the claim. The appeals court, in turn, also agreed with this position and dismissed the appeal.
GOLAW partner, head of litigation and dispute resolution practice, attorney at law Kateryna Manoylenko and associate, attorney at law Anastasiia Nikolenko worked on the project.