Statement of Claim for Debt Recovery under a Supply Agreement

Supply disputes are the most common source of commercial litigation in Ukraine — and also the most frequently mishandled. An incorrect penalty calculation, a missing acceptance certificate, or an overlooked force majeure clause can reduce or eliminate what should have been a straightforward recovery.

We prepare supply agreement claims that reflect how Ukrainian courts actually decide these cases.

Submit your supply agreement for a preliminary assessment of your claim and recovery prospects →

Legal Framework: Supply Agreement Claims in Ukraine

Supply agreement disputes in Ukraine are governed by the Civil Code, the Commercial Code, and the commercial court’s established practice on penalty reduction. A critical point that foreign creditors often miss: Ukrainian courts have statutory discretion to reduce contractual penalties if they find them disproportionate to the actual damage caused by the breach.

A penalty clause that looks enforceable on paper may be reduced by the court — particularly in long-term supply relationships where delay penalties have accrued over time. We account for this risk from the outset, structuring the claim to maximize what is actually recoverable.

Our Services in Supply Agreement Debt Recovery

Contract and Claim Analysis

Close reading of the supply agreement: delivery terms, payment mechanics, acceptance procedures, penalty clauses, and dispute resolution provisions
Assessment of force majeure and other potential liability exemptions the counterparty may raise
Realistic assessment of recoverable amounts, including the risk of judicial penalty reduction
For foreign-language contracts: applicable law, jurisdiction, and currency analysis

Claim Drafting and Calculation

Calculation of all recoverable amounts: principal debt, contractual penalties, late-payment interest, inflation losses, and 3% annual interest under Ukrainian law
Legal argumentation tying each amount to the contract, applicable statutory provisions, and Supreme Court practice
Preparation of counter-arguments against the debtor’s likely defenses — including force majeure and proportionality arguments

Evidence Package Preparation

Audit of primary documents: delivery notes, acceptance certificates, invoices, payment records, and correspondence
Identification of evidentiary gaps and advice on how to address them within Ukrainian admissibility standards
Certified translations of foreign-language documents

Filing, Representation, and Enforcement

Court fee calculation and filing through the Ukrainian electronic court system
Simultaneous application for interim measures — asset freezing — where debtor asset dissipation is a risk
Full representation at all court hearings — first instance, appellate, and Supreme Court
Post-judgment enforcement: coordination with enforcement officers through to actual recovery

How Supply Agreement Debt Recovery Works: Step by Step

Step 1 — Agreement and Breach Analysis. We analyze the supply agreement in detail — the entire structure: how performance is evidenced, how disputes are supposed to be resolved, and what penalties or interest the contract provides. This determines what is actually recoverable and how to frame the claim.

Step 2 — Penalty and Damages Calculation. We calculate all recoverable amounts with precision: principal debt, contractual penalties (accounting for the risk of judicial reduction), inflation losses under the Ukrainian methodology, and 3% annual interest. Errors in calculation are a common basis for partial claim rejection.

Step 3 — Evidentiary Audit. We review all primary documents supporting the claim — delivery notes, acceptance certificates, invoices — and identify whether they meet Ukrainian admissibility standards. Missing or deficient documents do not necessarily prevent filing, but they require a specific legal approach that we develop at this stage.

Step 4 — Interim Measures. Where the debtor may move or conceal assets, we apply for asset freezing simultaneously with filing the claim. In supply disputes, debtors are often aware that a claim is coming — early interim measures are frequently decisive.

Step 5 — Filing the Statement of Claim. We prepare and file the complete statement of claim — legal narrative, factual background, calculations, evidentiary references, and all required attachments — through the Ukrainian electronic court system.

Step 6 — Court Proceedings and Enforcement. We represent the client at all hearings, respond to the counterparty’s objections, and manage the case through to judgment. After judgment, we coordinate enforcement through to actual recovery of funds.

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Who We Work With

Foreign suppliers pursuing payment for goods delivered to Ukrainian buyers — unpaid invoices, advance payments not returned, or partial deliveries not paid for
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Foreign buyers claiming against Ukrainian suppliers for non-delivery, late delivery, or delivery of non-conforming goods
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International law firms that need Ukrainian local counsel to manage supply agreement litigation as part of a broader cross-border dispute strategy
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Companies with complex evidentiary situations — missing originals, foreign-language documents, or non-standard acceptance procedures
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Key Experts

Anna Tsirat

Doctor of Laws, expert in international contracts, commercial litigation, and cross-border enforcement

Gennadii Tsirat

Doctor of Laws, expert in international commercial arbitration and dispute resolution

Kateryna Tsirat

Specialist in commercial disputes and enforcement

Dmytro Salatiuk

Expert in litigation and enforcement in Ukraine

FAQ

Can I claim contractual penalties in full under Ukrainian law?

Not automatically. Ukrainian courts have statutory discretion to reduce contractual penalties if they are disproportionate to the actual damage caused by the breach. The court considers the amount of the penalty relative to the principal debt, the duration of the breach, and whether the debtor performed at least partially. We account for this risk in the claim structure and calculation.

What documents are required to support a supply agreement claim?

The primary documents are the supply agreement, delivery notes or waybills, acceptance certificates, invoices, and payment records. Correspondence demonstrating the breach or attempts to resolve the dispute can also be relevant. Missing documents do not automatically preclude filing but require a specific legal approach.

How are inflation losses and interest calculated?

Ukrainian courts apply a statutory formula for inflation losses based on official CPI data. Additionally, 3% annual interest on the outstanding amount is recoverable under Ukrainian law. These amounts are calculated separately from contractual penalties and can be significant in long-running disputes.

What if the counterparty claims force majeure?

Force majeure is a valid ground for liability exemption under Ukrainian law, but it must be properly declared and documented. We analyze the counterparty’s force majeure argument at the outset and prepare counter-arguments where the claim does not meet the legal requirements.

How long does supply agreement litigation take in Ukraine?

First instance proceedings typically take three to six months. Appeals add further time. We advise on realistic timelines based on the specific court, the complexity of the dispute, and whether interim measures are sought.

Can I recover court fees and legal costs?

Yes. Court fees paid by the winning party are typically awarded against the losing party. Recovery of legal representation costs is possible but subject to court discretion and is usually partial.

Ready to pursue your supply agreement claim in Ukraine?

Submit your contract and supporting documents for an initial assessment of your claim and recovery prospects.

📧 [email protected] 📞 +38 (093) 002-82-50

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