The Swiss company applied for the protection of their interests in a dispute to recover a debt from a Slovak company under a freight forwarding agreement in arbitration in Switzerland (currently the name of the institution is the Swiss Arbitration Center - https://www.swissarbitration.org/).
The defendant argued on all issues - argued that the arbitration clause was unenforceable, argued with applicable law, challenged the existence of debt and the right to charge a penalty. During the proceedings, the defendant provided evidence, but in the end the witness did not appear at the hearing.
The Arbitral Tribunal fully supported the arguments of the KIAP lawyers and the team of Kira Coruma from Asnis & Partners on all controversial issues, including the issue of validity and enforceability of the arbitration clause, applicable law, assessment of the reliability of testimony and the procedure for calculating the penalty.
As a result, the arbitrators made a decision in favor of the principal to recover the debt and forfeit and to fully reimburse legal costs with interest accrued for each day of delay in their payment. Eight months elapsed from the initiation of the arbitration to the receipt of the award.
Lawyers headed by partner Anna Grishchenkova worked on the project together with lawyer Kira Coruma from Asnis and Partners. In addition, Evgeny Zhilin, Managing Partner of Quorus Law Firm, provided additional assistance on a number of Swiss law issues.