Corporate, Commercial Law and Dispute Resolution · Contracts, Commercial Law and Transactions
Court position using UCCI documents should connect each chamber certificate or opinion with the legal issue it is intended to prove. These documents are potentially important in disputes involving international trade, force majeure, foreign-trade contracts, customs and tax matters.
Relevant UCCI Documents
force majeure certificates;
expert opinions;
opinions on substantial change of circumstances;
certificates of origin;
trade-custom confirmations;
commercial-practice documents;
UCCI analytical materials;
business-reputation documents.
Building the Litigation Strategy
A court position requires combined analysis of law, case practice and evidence. The chamber document should be tested against the legal standard for the claim or defence and against the opposing party’s likely arguments.
assess litigation prospects;
evaluate the evidential function of each UCCI document;
prepare the client’s legal position;
develop the litigation strategy;
draft procedural documents;
review relevant case practice;
represent the client in domestic or international proceedings.
Commercial Disputes
Source material identifies use of UCCI opinions for force majeure, substantial change of circumstances, market value of goods, international trade practice, losses, interpretation of international contracts and analysis of performance.
International and Arbitration Disputes
In international cases, UCCI documents may support the written evidential record in arbitration, including proceedings associated with the International Commercial Arbitration Court at UCCI. The legal team should also review the governing law and the procedural rules of the selected forum.
Customs and Tax Proceedings
Certificates and opinions may support arguments concerning value of goods, business transactions, international trade practice and challenges to decisions of controlling authorities.
Litigation strategy with UCCI evidence should use chamber documents as part of a complete evidential chain alongside contracts, correspondence, accounting and transaction records. Repeating this analysis in every case remains necessary because the same certificate can have different relevance depending on the claim and forum.
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Price: Preparing a Court Position Using Ukrainian Chamber of Commerce and Industry (UCCI) Opinions and Certificates