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21.01.2020

PRIMUS DERLING successfully represented its clients in the SCC arbitration proceedings

PRIMUS DERLING team led by partner Mārtiņš Mežinskis, in cooperation with Eva Kalniņa, partner of Lévy Kaufmann-Kohler, successfully represented their clients before the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) in arbitration proceedings initiated on the basis of a damages claim for an amount of EUR 18,000,000. Although one of the clients was not a party to the arbitration agreement, action was brought against the client on the basis of “piercing the corporate veil” doctrine.

PRIMUS DERLING assisted the clients in drafting submissions on a wide plethora of issues concerning international arbitration proceedings: submissions on interim measure request filed by the claimant under emergency proceeding, observations regarding the claim (statement of defence), requests for security for costs, observations regarding the claimant’s request to collect advance on costs from the clients, as well as submissions on various questions related to jurisdiction and termination of the arbitration proceedings, the effect of the claimant’s insolvency on the arbitration proceedings, responses to a challenge of arbitrators by the claimant, and submission concerning disclosure of claimant’s third party funding, as well as represented the client in the hearing held by the arbitral tribunal.

Thanks to the hard and creative teamwork, we succeeded in getting the arbitration court to recognize its lack of jurisdiction over one of the clients, while with respect to the other client, the claimant withdrew its claim, and this resulted in termination of arbitral proceedings and the claimant was ordered to pay all costs.