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USD 26,5 bln – advising on the biggest ever commodity supply deal involving Ukraine
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90% case success rate in 15 years of practice
Ivan Kasynyuk was recognized as a "Lawyer of the Year" in the field of arbitration
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Ivan Kasynyuk was recognized as a "Lawyer of the Year" in the field of arbitration

Ivan Kasynyuk, Partner at AGA Partners, was recognized as a “Lawyer of the Year” in the field of arbitration according to the Legal Award 2020, organized by the "Yuridicheskaya Praktika".

AGA Partners successfully represented the interests of the Kazakh company
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AGA Partners successfully represented the interests of the Kazakh company

The dispute arose out of the contract for the delivery of agricultural products on FOB terms, the port of Aktau, Kazakhstan, with a total value of almost 3 million US dollars. The goods were to be delivered in several lots.

The buyer did not make full payment for the two delivered lots of goods. At the same time, the buyer  counterclaimed damages, accusing the seller of non-delivery of the rest of the goods. The buyer claimed that the seller, allegedly not having the goods ready for loading at the agreed port, prevented the buyer from nominating and presenting the vessels for the remaining lots.

The arbitrators reached the conclusion that the FOB seller’s obligation to deliver the goods on board of the vessel is only activated once the FOB buyer presents the vessel. So, the Seller was not required to confirm the availability of goods before the arrival of the vessel, as long as he is able to deliver the goods upon arrival of the vessel at the port.

The decision in the case clearly demonstrates the usual rule in the grain trade: the FOB buyer should be the first to begin the execution of the contract, in particular, he must nominate the vessel and present it to the loading port of. The FOB seller, as a rule, is not obliged to confirm the nomination and the availability of the goods until the moment of arrival of the vessel.

The AGA Partners team has proven the client’s position in arbitration. As a result, the claim for debt collection was fully satisfied. The buyer's counterclaim for damages was rejected.

AGA Partners team was led by partner Ivan Kasynyuk with the support of senior associate Iurii Gulevatyi and associate Yelyzaveta Holovan.

What to do if your goods are on a sinking vessel?
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What to do if your goods are on a sinking vessel?

This article is available in Ukrainian only.

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About us
Since AGA Partners was founded in 2005, it has been conducting major cases for leading companies around the globe from more than 20 jurisdictions. We are trusted by states, international business and private clients.

Our practice of dispute resolution and international arbitration is recognized by international rating agencies. The list of cases won by us on behalf of our clients and the high appraisal given by world's leading companies confirm the perfect quality of our services in the field of international trade and agribusiness.

We understand the specific needs of each client and provide tailored solutions to any problem. The exclusivity of the client is the basis of our work, so we handle only those issues that we are professionals in.
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A.G.A. Partners law firm
Kuznetsky Business Center
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03150, Ukraine
+38 044 237-79-33
+38 044 237-79-43
office@agalawyers.org