A long-standing litigation settled in mediation in favour of a French consumer goods company
Hillmont Partners’ lawyers settled a number of court proceedings between a French investor and a Ukrainian company regarding a long-standing bankruptcy and debt recovery case.
In the 2000s, a French group of companies operating in the consumer goods sector and a Ukrainian company entered into loan agreements whereby the French company provided the Ukrainian company with a loan. To secure its obligations under the agreements, the Ukrainian company pledged 100% of its corporate rights in two Ukrainian companies.
The Ukrainian borrower was declared bankrupt in court, and in 2014 an auction was held to sell all of the bankrupt’s collateral property, which was subsequently invalidated by the court. For more than 10 years, the French company, as the main creditor, had been trying to recover the illegally disposed of collateral, which could have partially satisfied its creditors’ claims.
Thanks to the work of Hillmont Partners’ lawyers and implementation of effective mediation tools, a long-standing conflict between the lender and the borrower was resolved. As a result of the negotiations, the French company received partial repayment of its monetary claims under the loans.
The litigation work was led by James Hart and Andrii Nyzhnyi, Partners of the law firm Hillmont Partners, with participation of Counsel Oleksiy Miagkyi and Senior Associate Svitlana Dovbysh. Senior Partner Valentyn Zasukha and Counsel Oksana Krasnokutska supported the systematic work on incorporating mediation tools to resolve a lengthy dispute through a negotiation process and finding consensus for the benefit of both parties to the conflict.
