Claim demands about collecting from the defendant 5201406,54 US dollars by case materials are substantiated: by copies of unpaid Specifications Nr. 001RF, Nr. 002RF, Nr. 003RF, Nr. 004RF, Nr. 005RF, Nr. 003ED with additions; by copies of unpaid commercial invoices Nr. 001RF/040B, Nr. 002RF/040B, Nr. 003RF/040B, Nr. 004RF/040B, Nr. 005RF/040B, Nr. 006ED/048B; by copies of international transport documents (bills of lading and mate’s receipts); by copies of CCD 700100001/10/000742 with the list of wagons; by certificate about shipment of goods to the address of the defendant.
The defendant of claim demands didn’t litigate, and recognized in bilateral reconciliation report on contract Nr. 12Exp/040-10 dated December, 2, 2009, that within period from January, 1, 2010 till December,31, 2010 the defendant received from the plaintiff steel production for the amount of 5746677,25 US dollars, and transferred to the current account of the plaintiff only 545270,81 US dollars, including on April, 28, 2010 — 131003,18 US dollars, on June, 7, 2010 - 17562,10 US dollars, on June, 23, 2010 - 39587,09 US dollars, on August, 26, 2010 -3571 17,53 US dollars. The debt of the defendant for the plaintiff in the amount of 5201406,84 US dollars was recognized by the defendant.
By such condition the claim demands are the subject to satisfaction.
Also and demands of the plaintiff about reimbursement of expenses for arbitration fee in the amount of 32643,38 US dollars are the subject to satisfaction, inasmuch as according to p.l of the Section 6 of the Provision about arbitrage fees and expenses, if the parties didn’t agreed about otherwise, the arbitrage fee is laid upon the party against which the resolution is passed.
Guiding by articles 525, 526, 692 of Civil code of Ukraine, articles of 193, 198 of Economic code of Ukraine, article 31 of Law of Ukraine "About international commercial arbitrage", articles 38, 48, 49 of Rules of ICAC at Ukrainian CCI, p.l of Section 6 of Provisions about arbitrage fees and expenses,
THE ARBITRAGE COURT HAS DECIDED:
1. To bind upon firm "ARGUS DEVELOPMENTS INC" (910 Foulk Road Suite 201, Wilmington, DE 19803, USA) immediately on receiving of this decision to pay Public Joint Stock Company "Ilyich Mariupol Iron and Steel Works" (87504, Ukraine, city Mariupol of Donetsk region, 1, Levchenko street) 5201406,84 US dollars for goods and 32643,38 US dollars in reimbursement of expenses on payment of arbitrage fee, and totally 5234049 (five million two hundred thirty four thousand forty nine) US dollars 92 cents.
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