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Supreme Court Ruled to Recover over USD 5 Million in Favor of a Chinese Company

News date: 15 December 2020

On 10 December 2020, the Supreme Court granted to one of the largest Chinese machinery manufacturers – J.S. Corrugating Machinery Co., Ltd – permission to enforce the arbitral award issued by the China International Economic and Trade Arbitration Commission (CIETAC, Shanghai) for the recovery of over USD 5 million from the Ukrainian debtor South Cardboard LLC.

The Supreme Court has satisfied in full the foreign manufacturer’s application for the recognition and enforcement of the arbitral award, and also confirmed the lawfulness of recovery of 100% of the client’s legal costs from the debtor.

Ilyashev & Partners Law Firm represented J.S. Corrugating Machinery Co., Ltd throughout the recognition process at the courts of all levels.

The debt arose as a result of a breach by the Ukrainian company of its obligations under the equipment supply contract concluded back in 2012.

This is the second CIETAC arbitral award that Ilyashev & Partners has managed to have successfully recognized for this client in Ukraine. In 2019, an arbitral award issued in favor of the client in Shenzhen in connection with the debt of another Ukrainian company was successfully recognized in Ukraine. In that case, the Supreme Court upheld the Ruling of the Kyiv Court of Appeal for the recognition and enforcement of the award.

This matter was handled by Counsel, Attorney at Law Andrey Bychkov, Attorney at Law Oleksandr Denysenko and Oleh Kulyk, Lawyer, under the supervision of Senior Partner Roman Marchenko.

J.S. Corrugating Machinery Co., Ltd is one of the largest China-based manufacturers of packaging machines. The company has 27 sales offices, 18 branches and 38 service stations worldwide, including its subsidiaries in Istanbul, Moscow, New Delhi and Ho Chi Minh City. The company’s products are ISO9001 and CE (Conformité Européenne) certified.