Collection of debts under the delivery contract
Client:
Agricultural company in one of the CIS countries
Agricultural company in one of the CIS countries
Opponent:
Trading company in the UAE
Trading company in the UAE
What is the issue?
The client company sent the goods without prepayment but did not receive the transfer according to the terms of the contract after receiving the goods. Attempts to reach an agreement over several years did not result in a solution of the debt repayment issue. The case was a complicated one due to the unclear provisions of the contract and the change of debtor’s circumstances over the suing period.
Details of the project
There was conducted a full pre-trial legal study and analysis of the possibility of debt repayment.
1
Analysis of documents and evidentiary factors, assessment of the cost of court procedures and other expenses of the plaintiff when submitting a claim
2
Met with the leadership of relevant state bodies in Dubai (worked out the possibility of debt repayment through the channels of state organizations)
3
Established the debtor’s location of the (conducted a search in the specialized system, checked the data and met with relevant people from this industry)
4
Visited the warehouse and office of the company (checked the current working condition, assessed the level of business activity on the spot) for several times
5
Organized a meeting with the current owner, manager of the new company (introduced myself, had a talk, met and handed over written requirements against signature, received feedback)
6
Obtained copies of the debtor’s passport and company documents (received a character reference for the owner, found out his location, checked his solvency)
7
Discussed the possibility of assistance with representatives of the Emirate’s economy department in this (had a talk to a lawyer and a manager, reported the problem, made a request and received recommendations)
8
Sent an official request, and also organized a meeting with Free zone representatives
9
Prepared and sent a legal claim to the current company
10
Studied the entire package of documents together with the practice of resolving such disputes and conducted an analysis of the UAE legislation on the issue of debt collection in similar disputes of the company
11
Studied the procedure for dispute resolution in arbitration according to the 1aw procedures of the Dubai International Financial Center (DIFC) that was selected by the arbitration body under the contract
12
Established contact with the lawyer in charge in DIFC arbitration (clarified the details of a specific dispute, received a detailed explanation of the procedures and terms of consideration in practice) studied the procedure for dispute resolution in arbitration under the law of the Dubai International Financial Center (DIFC), which was selected by the arbitration body under the contract
Result
Based on the results of the work, the client decided not to initiate the process for the following reasons:
— High costs of the judicial-arbitration dispute process that exceed the debt amount
— High costs of the judicial-arbitration dispute process that exceed the debt amount
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Dubai, Oud Metha- Office Court Building- Office No 113
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