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Protection of the rights of the largest Ukrainian tour operator
Main
Protection of the rights of the largest Ukrainian tour operator
Protection of the rights of the largest Ukrainian tour operator
Client
International tour operator
Leading Specialist
Nina Kucheruk

Lawyers of Jurimex law firm successfully defended the rights of the leading tour operator in the Court of Appeal, which resolved the issue of the legality of the consideration by Ukrainian courts of cases with a foreign element. In the Court of Appeal, the lawyers pointed to the illegality of the refusal of the first-instance court to accept a claim to a foreign company on the grounds of its non-jurisdiction to the economic courts of Ukraine. The appeal is motivated by the fact that in the contract, the parties agreed disputes settlement at the location of the Ukrainian tour operator, and the court is not empowered to refuse claims acceptance in the presence of an arbitration reservation, since appeal to arbitration is the right, but not the claimant's responsibility. According to the results of the appeal, the Kyiv Economic Court of Appeal fully satisfied claims, canceled the judgement of the first-instance court and sent the case to the Commercial Court of Kyiv to decide on the issue of claim acceptance to the proceedings.

Nina Kucheruk, lawyer, Head of Litigation and Arbitration of Jurimex law firm, provided legal support of the case.

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