{"id":783480,"date":"2024-03-15T15:24:32","date_gmt":"2024-03-15T13:24:32","guid":{"rendered":""},"modified":"2024-03-15T15:34:26","modified_gmt":"2024-03-15T13:34:26","slug":"komanda-sayenko-kharenko-uspishno-zahystyla-interesy-mizhnarodnoyi-kompaniyi-u-sferi-e-commerce-u-orendnomu-spori-z-vlasnykom-biznes-tsentru-u-misti-kyyevi","status":"publish","type":"post","link":"https:\/\/new.eba.com.ua\/en\/komanda-sayenko-kharenko-uspishno-zahystyla-interesy-mizhnarodnoyi-kompaniyi-u-sferi-e-commerce-u-orendnomu-spori-z-vlasnykom-biznes-tsentru-u-misti-kyyevi\/","title":{"rendered":"Sayenko Kharenko has successfully defended the interests of an international e-commerce company in a lease dispute against the owner of a business centre in Kyiv"},"content":{"rendered":"<p>Sayenko Kharenko\u2019s litigation practice team has successfully defended the interests of an international software provider for e-commerce businesses worldwide.\u00a0<\/p>\n<p>The dispute is connected with the business centre\u2019s (BC) owner\u2019s failure to fulfil the preliminary agreement\u2019s provisions regarding BC\u2019s commissioning, which resulted in the tenant\u2019s termination of the contract. The BC\u2019s owner refused to acknowledge the termination of the preliminary agreement and return the advance payment.\u00a0<\/p>\n<p>Despite the claim being dismissed by the first instance court, the court of appeal and the Supreme Court have fully agreed with the Sayenko Kharenko lawyers\u2019 arguments and decided to uphold the claim in favour of the Client. The following conclusions are vital in this dispute:\u00a0<\/p>\n<ul>\n<li>the advance payment, determined in the agreement as equivalent to foreign currency, is subject to return at the exchange rate effective as of the date of filing the claim, not in a sum it was actually paid;\u00a0<\/li>\n<li>sending a withdrawal notice by email, not in writing as defined by the terms of the agreement, does not itself constitute the improper termination of the agreement;\u00a0<\/li>\n<li>the \u201cletter in response\u201d doctrine was applied to defend the Client\u2019s position. The doctrine states that if it is proved that a letter or message was sent to a specific person, then the message sent in response is considered authentic without additional evidence;\u00a0<\/li>\n<li>in addition to other evidence provided by lawyers to defend the Client\u2019s position, the courts also considered email correspondence and other electronic evidence. The court upheld the position that email correspondence has long been a part of doing business in Ukraine and, therefore, can be used in the proofing procedure;\u00a0<\/li>\n<li>given the inconsistent BC\u2019s owner\u2019s behaviour during the court proceedings and his refusal to acknowledge the facts he recognised in the negotiations, the court supported the lawyer\u2019s argument to apply the \u201cprohibition of contradictory behaviour\u201d concept.\u00a0<\/li>\n<\/ul>\n<p>After evaluating all the parties\u2019 arguments, the court recovered an advance payment from the defendant, taking into account exchange rate fluctuations and three per cent per annum for the entire in payment delay period.\u00a0<\/p>\n<p>The judicial defence was performed by counsel <strong>Sergiy Protyven<\/strong>, senior associate <strong>Zhanna Zayets<\/strong>, associate <strong>Dmytro Shahirmanov<\/strong> and junior associate <strong>Anastasiia Marushchak<\/strong> under the supervision of the partners <strong>Oleksiy Koltok<\/strong> and <strong>Olena Sukmanova<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Sayenko Kharenko\u2019s litigation practice team has successfully defended the interests of an international software provider for e-commerce businesses worldwide.\u00a0 The dispute is connected with the business centre\u2019s (BC) owner\u2019s failure to fulfil the preliminary agreement\u2019s provisions regarding BC\u2019s commissioning, which resulted in the tenant\u2019s termination of the contract. The BC\u2019s owner refused to acknowledge the [&hellip;]<\/p>\n","protected":false},"author":4489,"featured_media":541204,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[15576,15575],"tags":[],"class_list":["post-783480","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-and-articles-en","category-news-and-articles-from-companies-en","company-16096"],"_links":{"self":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts\/783480","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/users\/4489"}],"replies":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/comments?post=783480"}],"version-history":[{"count":0,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/posts\/783480\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/media\/541204"}],"wp:attachment":[{"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/media?parent=783480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/categories?post=783480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/new.eba.com.ua\/en\/wp-json\/wp\/v2\/tags?post=783480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}