Yelyzaveta Holovan - Associate at Fortior Law

Yelyzaveta Holovan

[email protected] +41768014919

Education

LL.M. in Investment Treaty Arbitration, Uppsala University.

Bachelor of Law, Kyiv University of Law of NASU of Ukraine.

Languages

English
Russian
Ukrainian

[email protected] +41768014919

Specialisation

Yelyzaveta is an Associate at Fortior Law. She specialises in international litigation and arbitration, with a particular focus on commodities and shipping disputes. Her expertise also includes analysis and resolution of shortage, quality, demurrage/dispatch/detention, non-delivery and other similar claims related to contracts based on GAFTA and FOSFA pro-forma contracts, charterparties and bills of lading.

Prior to joining Fortior Law, Yelyzaveta had been working at a top-tier Ukrainian law firm.

Shipping International Trade International Commercial Arbitration Gafta and FOSFA Arbitration Sanctions & Compliance Investment Arbitration

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Publications

Legal Quandaries for Enforcement of State Judgments or State-Recognisable Awards Using Russian Assets Seized or Frozen by States

Legal Quandaries for Enforcement of State Judgments or State-Recognisable Awards Using Russian Assets Seized or Frozen by States

On 24 February 2022, Russia launched a full-scale war against Ukraine, an action widely recognised by the international community as a severe breach of international law. Consequently, sanctions were imposed against Russia as an aggressor state, leading various countries to seize and freeze Russian assets located abroad. Learn more

Appointment of Interim Receivers under English Law

Appointment of Interim Receivers under English Law

In our latest article, we examine the appointment of interim receivers under English law, the third in our series on interim measures against debtors seeking to evade their obligations. English Courts can appoint interim receivers to support insolvency proceedings or arbitration/litigation, protecting the debtor’s property pending a substantive hearing. We outline the statutory basis for these appointments and provide case examples. Read more on this matter here. Learn more

Appointment of Provisional Liquidators under English Law

Appointment of Provisional Liquidators under English Law

In our latest article, we examine one of the interim measures available under English law to protect unpaid creditors: appointment of a provisional liquidator. This emergency measure can remove the powers of a company's directors, transferring control to a court-appointed provisional liquidator to prevent asset dissipation and investigate the company's activities. Such orders can be issued urgently and without notice to the respondent company. Explore the statutory basis, conditions and case law examples of appointment of provisional liquidators in our article here. Learn more

Anti-Anti-Suit Injunctions against Russian Defendants in Cyprus and England

Anti-Anti-Suit Injunctions against Russian Defendants in Cyprus and England

Fortior's legal team achieves a groundbreaking milestone with the first-ever anti-anti-suit injunction in Cyprus, aiming to thwart Russian defendants from circumventing contractual obligations by resorting to Russian courts. This article examines the legal implications of Russian jurisdictional amendments and strategies available in English and Cypriot courts to counter such challenges, including the issuance of anti-anti-suit injunctions. For more please read the full article here. Learn more

Enforcement of Judgments and Arbitral Awards in England and Wales

Enforcement of Judgments and Arbitral Awards in England and Wales

Enforcement strategy should always be considered before proceedings are started. Otherwise, you risk investing a substantial amount of money in litigation or arbitration, only to realise that despite having the judgment, you can never actually get any money from your opponent. This article starts by outlining possible steps you should consider before commencing proceedings. It then deals with post-award / post-judgment enforcement mechanisms available in England and Wales. Learn more

What should a FOB seller do when goods were unloaded without payment? (Part 2)

The parties may imply during negotiations that a contract will be concluded only upon its signing

The parties may imply during negotiations that a contract will be concluded only upon its signing

We analysed the decision in Jamp Pharma Corporation v Unichem Laboratories Limited [2021] EWHC 1712 (Comm), according to which the parties may impliedly agree during negotiations that the contract will be concluded only when it is signed by both parties. In other words, the negotiations may imply that the agreement is "subject to contract", meaning the contact comes into effect only when its terms are set out in a formal document signed by both parties. Learn more

Does the war in Ukraine constitute force majeure according to Gafta and FOSFA?

March 2022 amendments to Gafta Arbitration Rules

2022 changes to GAFTA Rules and Standard Contracts

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