Victories Over the Arbitration Courts Guarding the Rights of Borrowers
17.02.2016
Victories Over the Arbitration Courts Guarding the Rights of Borrowers
Team of the Law Firm "Moskalenko & Partners", headed by partners, attorneys-at-law Igor Berdan and Anastasiia Moskalenko won the case of cancellation of the decision of the Permanent Arbitration Court of the NGO "Ukrainian Financial Union" about debt collection and contributed to the closure of procedure in another arbitration court on the case about debt collection.
On the 2 of December, 2015 with the judge Нumeniuk`s decision of the Shevchenko District Court of Kyiv the decision of the Permanent Arbitration Court at the All-Ukrainian Non-Governmental Organization "Ukrainian Financial Union" on the suit of PJSC "Alfa-Bank" about debt collection for our client in the amount of more than UAH 300,000 was canceled. We would like to draw your attention up to the fact that this case is resonant and unique in judicial practice of Ukraine. Thanks to the professional skills and qualifications of partners and attorneys Igor Berdan, Anastasiia Moskalenko and lawyer, paralegal Daryna Moskalenko this case has been won. They have proved in court that the decision of the arbitral tribunal is illegal, because the judge of the arbitration court was interested in the outcome of the case in favor of the bank. In support of these arguments were provided the relevant written evidence about nexus of this Non-Governmental Organization with the bank and their control of render a decision by judges of the Permanent Arbitration Court.
Also, thanks to the efforts and perseverance of the Law Firm "Moskalenko & Partners" represented by partners, attorneys Igor Berdan, Anastasiia Moskalenko and lawyer Julia Bilenko was closed procedure at the Permanent Arbitration Court at the Association of Ukrainian Banks on the suit of PJSC "Universal Bank" to the firm's clients about debt collection under the credit agreement in the amount of 62 000 US dollars. The main argument of the Permanent Arbitration Court was a reference to the Law of Ukraine "On Amendments to Article 6 of the Law of Ukraine "On Arbitration Courts", which entered into force on the March 12, 2011. It indicates that the cases of disputes on the protection of rights of the consumers of credit services, including banking services, cannot be considered by any arbitral tribunals. The Permanent Arbitration Court and the Bank have ignored such changes in the law. We proved to the Permanent Arbitration Court and plaintiff Bank that arbitral courts do not have necessary competence to hear cases in disputes about protection of credit services to consumers, including banking services. As a result the bank declined consideration the case in the Permanent Arbitration Court by submitting application for the abandonment of the claim without consideration.
