Dispute resolution and enforcement
The full cycle of protecting a client's interests in a dispute: national courts of every jurisdiction and instance, international commercial and investment arbitration and, above all, turning a judgment won into money actually recovered.
Why businesses choose this PROCTOR practice
Litigation is only one of the mechanisms for protecting a business.
That is why the PROCTOR team does not concentrate solely on court filings or court hearings.
We look at a dispute through the prism of its corporate consequences, the financial resilience of the business, tax risk, the prospects of enforcing the judgment, the impact on the reputation of the company and on its long-term development.
Our strategy is built around achieving a real business result, not merely obtaining a favourable judgment.
For clients this means that every litigation project is treated as an element of the overall strategy for developing and protecting the business, rather than as an isolated legal dispute. It is this approach that makes PROCTOR not only a representative in court, but a strategic legal adviser to the business.
Civil disputes
Representation in civil disputes, both proprietary and non-proprietary, connected with a business and its owners: protection of business reputation, disputes over property, recovery of damages.
Interim relief
Promptly obtaining orders freezing the property and accounts of an opponent, prohibiting certain acts or suspending decisions of state authorities. Protection of the client against unfounded interim measures sought by the other side.
Representation before the Supreme Court
Preparation of cassation appeals with the admissibility criteria in mind, formation of legal positions, work with conclusions on the application of legal rules. Applying to have cases referred to the chambers and to the Grand Chamber of the Supreme Court.
Mediation and pre-trial settlement
Negotiations and structured procedures for settling a dispute out of court: mediation, settlement agreements, restructuring of obligations. This is often faster and cheaper than litigation - and it preserves the business relationship.
Lines of work
The services this practice runs.
- Commercial disputes and debt recoveryWe handle contractual disputes over supply, works, lease and services, and cases on the invalidity of transactions and the recovery of losses, from the pre-action claim to cassation. A separate stream is work with receivables: claims, court recovery of the debt, penalties and inflation losses, interim measures and support through to the money actually being received.
- Disputes with state authoritiesChallenging the decisions, actions and inaction of the tax service, customs, the State Labour Service, the Antimonopoly Committee of Ukraine and local authorities in the administrative courts. Protecting business against unlawful fines, orders and refusals to issue permits.
- Enforcement proceedingsWe run enforcement proceedings before the state and private enforcement services: monitoring the enforcement officer, tracing the debtor's property, funds and corporate rights, challenging inaction and attachment orders, lifting attachments on property and accounts. We bring judgments of foreign courts and arbitral tribunals to enforcement in Ukraine, and we also protect the debtor through deferral, payment by instalments and a stay of the proceedings.
- International arbitrationWe represent clients before the ICC, LCIA, SCC, ICSID and the ICAC at the Ukrainian Chamber of Commerce and Industry: from the request for arbitration to the final award. We run investment disputes against states and disputes under foreign trade contracts, obtain recognition and enforcement of arbitral awards in Ukraine, challenge them or defend them against annulment, and draft workable arbitration clauses.
How we run a dispute
The path from the first assessment of the conflict to the point where a judgment turns into money received.
01
Assessing dispute and opponent
We go through the documents, the events and the conduct of the opponent, and check the time limits and the jurisdiction. The client receives a written assessment of the prospects and of several scenarios.
02
Choosing the strategy
The forum and the order of steps are chosen: negotiation, a national court or arbitration. With the owner we agree the goal of the dispute and the point beyond which settling is better.
03
Interim relief
Before the case is heard on the merits we ask the court to attach the property and accounts of the opponent or to stay the decision challenged, so there is something to recover from later.
04
Running the case in court
We prepare the filings, the evidence and the expert reports and represent the client at first instance, on appeal and in cassation, keeping one consistent position at every stage.
05
Enforcing the judgment
Enforcement proceedings are opened, the debtor's assets traced and every step of the enforcement officer monitored, until the client receives the sums awarded.
Ways of running a dispute
The format follows what is at stake, the stage of the conflict and whether a team is needed for the whole case.
Assessment of the prospects
An analysis of the documents and of the case law with a conclusion on the chances, the risks and how realistic recovery is. For deciding whether to go to court at all.
Handling a single case
Full support of one dispute: the filings, the evidence, the hearings at every instance and the enforcement proceedings that follow the judgment.
The company's dispute portfolio
A standing team for all the litigation of the business: one strategy, reporting on every case and control of recovery on the client's side.
The industries we do it in
The sectors of business this practice works in from the first day.
