11:40 25.08.2021

PrivatBank ex-co-owners achieve delay in litigation with PrivatBank in United States until verdict in Ukraine

3 min read
PrivatBank ex-co-owners achieve delay in litigation with PrivatBank in United States until verdict in Ukraine

The Delaware Court of Chancery (the United States) granted the petition of former owners of PrivatBank (Kyiv) Ihor Kolomoisky and Hennadiy Boholiubov to suspend the consideration of the court dispute initiated by the bank until the Ukrainian courts make decisions on the legality of its nationalization and on the nationalized disputes PrivatBank with borrowers, according to the court's website.

"Finally, numerous practical considerations favor staying this action pending resolution of the Borrower Action and the Nationalization Action. First, there will be significant costs associated with translating Ukrainian evidence and law. Given the breadth of this case, the time and resources necessary for that undertaking will be significant," according to the memorandum, the need to wait for the verdict of the Ukrainian courts is stated.

Since the U.S. court in order to make a decision will need to translate voluminous loan documents, the internal records of the Ukrainian bank regarding the approval of those loans, communications among Ukrainian members of the "shadow bank," between bank employees and the words of witnesses of alleged events that are likely to be to speak Ukrainian or Greek, the process will be "cumbersome, inefficient, and extremely difficult."

In the part of the case on nationalization, the memorandum of the Chancellor Court says that this dispute is actually considered at the level of the Constitutional Court of Ukraine, where the submission of the illegality of the "anti-Kolomoisky law" was submitted.

As for the disputes of the nationalized PrivatBank with borrowers about loans, the funds of which, according to the bank, were used for laundering in the United States, the memorandum provides examples of the repayment of such loans, in particular, by Nikopol Ferroalloy Plant. According to the former owners of the bank, such redemptions are in their favor.

At the same time, the court rejected the petition of the former owners to completely terminate the consideration of the case, and also granted the petition of PrivatBank and issued an order on the preservation of assets (status quo order), which imposed a ban on any actions outside the ordinary business with various assets of the defendants in the United States.

The court said that such a decision "is warranted to provide plaintiff proper security for more than $600 million in damages t seeks in this action." It is indicated that in satisfying this petition, the court took into account the bank's argument that the sale of the 22-storey building 55 Public Square brought $660,450 instead of "millions of dollars in net proceeds" promised by the defendants.

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