News
Senior associate of AGA Partners Olena Sibirtseva was elected chairman of the UBA Committee on civil, family and inheritance law.

Senior associate of AGA Partners Olena Sibirtseva was elected chairman of the UBA Committee on civil, family and inheritance law.

26.11.21
AGA Partners and ISKOR Sport Lawyers Agency have agreed on cooperation in the field of sports law.

AGA Partners and ISKOR Sport Lawyers Agency have agreed on cooperation in the field of sports law.

The synergy of two professional teams will strengthen the existing experience of each and will allow to defend the rights and interests of athletes, coaches, sports clubs and federations.

“ISKOR Sport Lawyers Agency has long been known as a company that brings together the best sports lawyers in Ukraine. In turn, over the past few years, AGA Partners has been actively developing its legal practice in the field of sports, using many years of arbitration experience. We are pleased to start cooperation with ISKOR Sport Lawyers Agency, which is a logical continuation of our chosen vector of activity and will contribute to the powerful development of both companies in the sports law market, ”- commented Dmytro Koval and Iurii Gulevatyi, lawyers of AGA Partners.

"This is the first precedent of uniting two independent leaders in the legal space to achieve a common goal in the field of sports - protecting the rights of athletes and coaches, qualified legal support of sports clubs and federations, as well as ensuring the legal awareness of current and future athletes," - says Ilya Skoropashkin, managing partner of ISKOR Sport Lawyers Agency.

25.11.21
AGA Partners successfully represented a major oil producing and trading company in London arbitration initiated by an international trading company, registered in United Arab Emirates (UAE).

AGA Partners successfully represented a major oil producing and trading company in London arbitration initiated by an international trading company, registered in United Arab Emirates (UAE). The stakes in this case were extremely high – the opponent claimed recovery of more than 28 million US dollars! 

The case concerned the parties’ disagreement regarding the conclusion of the contract on supply of a large parcel of sunflower oil. Although their preliminary negotiations did not result in signing of the contract, the UAE counterparty wrongfully declared the client in default for failure to deliver the goods and commenced London arbitration. 

While initiating the proceedings, the UAE counterparty made several procedural mistakes which, on their face, would have appeared harmless – they failed to put the arbitral institution in the copy of the email, enclosing the notice of arbitration, and failed to attach a copy of the alleged contract to it. But these procedural mistakes triggered a whole cascade of serious procedural irregularities which eventually led to the premature nomination of an arbitrator instead of the client. 

As the client had been deprived of its essential right to participate in the constitution of the arbitral tribunal, AGA Partners raised objections against jurisdiction of the tribunal. Eventually, the tribunal held that premature appointment of arbitrators poisoned the entire arbitration process. On this basis, the tribunal declined its jurisdiction to consider the case at hand. 

The present case vividly illustrated the paramount importance of proper and prudent commencement of arbitration and the constitution of the arbitral tribunal. 

This case was handled by the brilliant team led by Ivan Kasynyuk and Iryna Moroz with the assistance of Ievgen Boiarskyi and Pavlo Lebediev. 

17.11.21
Based on the results of an all-Ukrainian study "Client's Choice. TOP-100 lawyers of Ukraine 2021" from Yurydychna Gazeta, partners of AGA Partners Aminat Suleymanova and Ivan Kasynyuk got on the list of TOP-100 lawyers of Ukraine 2021!

Based on the results of an all-Ukrainian study "Client's Choice. TOP-100 lawyers of Ukraine 2021" from Yurydychna Gazeta, partners of AGA Partners Aminat Suleymanova and Ivan Kasynyuk got on the list of TOP-100 lawyers of Ukraine 2021!

In addition, AGA Partners received recognition in 5 nominations:

  • International Law / International Trade - Iryna Moroz
  • International Arbitration - Aminat Suleymanova and Ivan Kasynyuk
  • Family Law - Aminat Suleymanova
  • Sports law - Dmytro Koval
  • Private clients - Aminat Suleymanova

Congratulations to our colleagues on the recognition!

11.11.21
AGA Partners, together with the Committee on Civil, Family and Inheritance Law of Ukrainian Bar Association, invites you to participate in the professional event dedicated to the discussion of the division of corporate rights as a common joint property of spouses.
  • AGA Partners, together with the Committee on Civil, Family and Inheritance Law of Ukrainian Bar Association, invites you to participate in the professional event dedicated to the discussion of the division of corporate rights as a common joint property of spouses.
    Among the speakers of the event are judges of the Supreme Court, lawyers, representatives of notaries, and corporate lawyers. Moderator - Managing Partner of AGA Partners Aminat Suleymanova.
    Questions for discussion:
  • Can corporate rights be divided?
  • How to protect the interests of the spouse who is not a member of the LLC?
  • Can you split the received income from the activities of the LLC?
  •  Is the authorized capital of LLC subject to section and under what conditions?
  • What are the established approaches of the Supreme Court to the division of corporate rights of spouses?

Date and time: November 25, 12:00 - 16:00

To participate in the event, registration is required: https://uba.ua/ukr/events/4197/

10.11.21
AGA Partners successfully represented large agricultural holding in London arbitration. The dispute arose under a contract for the sale of commodities for a total value of about USD1,6 million.

AGA Partners successfully represented large agricultural holding in London arbitration. The dispute arose under a contract for the sale of commodities for a total value of about USD1,6 million.

The respondent refused to supply to our client 10,000 metric tons of corn, alleging that the client breached previous contracts. During arbitration proceedings, the respondent asserted that he had a right to withhold the goods under the new contracts until all issues under previous contracts are settled.

The arbitral tribunal found that the respondent was not entitled to withhold delivery of goods and fully satisfied our client’s claim awarding USD700,000 of damages plus arbitration fees and expenses. The tribunal clarified that the respondent’s position could have prevailed only if it had been proved that the contracts can be construed as one single transaction.

Partner Iryna Moroz commented on this situation:

Under English law, by default, each contract constitutes separate transaction and should be analyzed in isolation. Accordingly, a seller cannot simply withhold delivery of goods under one contract due to alleged violations of another agreement. This seller’s right can arise only in limited cases. For example, a seller may be entitled to withhold further delivery of goods under the contract if a buyer fails to pay for the goods already delivered under the same contract. In the present case, our team has managed to prove that each contract was treated by the parties as a separate independent agreement.

The AGA Partners’ team was led by partners Iryna Moroz and Ivan Kasynyuk, senior associate Dmytro Koval, and associate Dmytro Izotov.

04.11.21
AGA Partners successfully represented a large agricultural company in London arbitration under the 2017 LMAA Rules. in the dispute against a shipowner.

AGA Partners successfully represented a large agricultural company in London arbitration under the 2017 LMAA Rules in the dispute against a shipowner. The dispute arose under the voyage charterparty concluded for carriage of the goods to Egypt. 

The case was initiated by the shipowner who claimed the demurrage in the amount of about USD 100,000 from our client. The shipowner’s claim was based on the allegation that our client utilized the vessel in excess of the agreed laytime and incurred demurrage in the port of discharge. 

After 1.5 years of the proceedings, the arbitral tribunal found that the shipowner’s claim shall fail in its totality, thereby supporting our client’s position and awarding the client his legal costs in defending the shipowner’s claim. 

In the present case the performing vessel failed to issue a valid notice of readiness (NOR) and, therefore, the laytime had not started and no demurrage had been earned.  

Under English law applicable to this dispute, the following requirements shall be met for laytime to start running: 

  1. the vessel must arrive at a place specified by the parties in the charterparty (port or berth as the case may be); 
  2. the vessel has to be physically and legally ready to commence loading/discharging operations;  
  3. the shipowner must give valid NOR 

Partner Ivan Kasynyuk commented on the case at hand 

In the present case, the parties concluded a berth charterparty. That is, firstly, the vessel had to arrive at the berth. Then (upon arrival of the vessel) the shipowner had to give a valid NOR. 

However, the master issued NOR prematurelywhen the vessel just arrived at the port, not at berthSo, the NOR was invalid. When the vessel finally arrived at the berth, no valid NOR was given Since there was no valid NOR, the laytime did not start and, accordingly, no demurrage had been earned by the shipowner”. 

 The AGA Partners’ team was led by partner Ivan Kasynyuk, senior associate Iurii Gulevatyi and associate Dmytro Izotov. 

25.10.21
AGA Partners successfully represented large agricultural holding in London arbitration in the dispute against an English trading company.

AGA Partners successfully represented large agricultural holding in London arbitration in the dispute against an English trading companyThe dispute arose under the contract for the sale of commodities for a total value of about USD1 million.  

The respondent declared our client in default due to alleged failure to effect the payment for 5% of the goods within the terms prescribed by the contract. Our client, in turn, considered such declaration as groundless and premature. The client stated that the payment was made within contractual terms, but it was the respondent’s bank who delayed the release of funds.  

After half-year of the proceedings, the arbitral tribunal found that the respondent’s default declaration was premature and fully satisfied our client’s claims awarding about USD200,000 of damages (including the amount of payment made by the client) plus arbitration fees and expenses. 

Partner Iryna Moroz commented on this situation 

Usually, parties envisage a detailed payment mechanism under a contract. Among other things, parties often define the moment when the payment is considered to be made within the meaning of the contract. Our team has managed to prove that the client’s obligation to pay was completed when the funds reached the respondent’s bank account.The tribunal, therefore, concluded that any delay of the release of funds in the respondent’s bank shall be for respondents responsibility. 

The AGA Partners’ team was led by partners Iryna Moroz, Ivan Kasynyuk and associate Dmytro Izotov. 

 

18.10.21
On October 8, 2021, the annual solemn ceremony of awarding the All-Ukrainian public competition "Lawyer of the Year 2021" was held.

On October 8, 2021, the annual solemn ceremony of awarding the All-Ukrainian public competition "Lawyer of the Year 2021" was held.

Managing Partner of AGA Partners Aminat Suleymanova received the title of "Lawyer of the Year 2021" in international arbitration.

Thanks to the Ukrainian Advocates' Association for the recognition!

08.10.21
Managing Partner of AGA Partners Aminat Suleymanova acted as a moderator of the session of the VIII International Arbitration Readings in memory of Academician I.G. Pobirchenko.

On October 7, AGA Partners Managing Partner Aminat Suleymanova acted as a moderator of the 1st session of the VIII International Arbitration Readings in memory of Academician I.G. Pobirchenko "Adapt and Win: New Technologies and Innovations in Arbitration".

The topic of the 2021 Readings is “The Evolution of Arbitration in a Changing World”.

07.10.21
On October 6, 2021, AGA Partners Managing Partner Aminat Suleymanova made a presentation at the IX Annual Forum of Legal Advisers on the topic "NSDC sanctions as force majeure circumstances."

On October 6, 2021 Managing Partner of AGA Partners Aminat Suleymanova made a presentation at the IX Annual Forum of Legal Advisers on the topic "NSDC sanctions as force majeure circumstances."

The Annual forum of legal advisers is a traditional platform for discussing trends in the in-house profession, key challenges for business and its legal advisers. The event was organized by the newspaper "Yurydychna praktyka".

06.10.21
Ukrainian Bar Association and AGA Partners signed a Memorandum of Partnership.

Ukrainian Bar Association and AGA Partners signed a Memorandum of Partnership.

"UBA Partner Status for AGA Partners is a conscious step that we are taking right now. We fully share the mission and goals of the Association, which have been outlined by the current leadership - the President and the Board," says AGA Partners Managing Partner Aminat Suleymanova.

05.10.21
On September 25-26 AGA Partners became a partner of the open equestrian competition "Butenko Stable PEL Show".

On September 25-26 AGA Partners became a partner of the open equestrian competition "Butenko Stable PEL Show".

Our lawyers Olena Sibirtseva and Oleksandr Gubin attended the show and personally took part in awarding the winners.

Thanks to Butenko Stable for the opportunity to be a part of this unique event!

25.09.21
On September 24, partner of AGA Partners Iryna Moroz made a report at Law&Trade A2B Forum on the topic "International Arbitration.Enforcement of Awards".

On September 24, partner of AGA Partners Iryna Moroz made a report at Law&Trade A2B Forum on the topic "International Arbitration.Enforcement of Awards".

Law & Trade Forum Law.Business.Trade is a unique event of the Ukrainian Advocates' Association (UAA), which makes possible to unite the efforts of business and the legal profession in order to solve the main problems in the field of international trade and business protection.

24.09.21
AGA Partners' lawyer Olena Sibirtseva acted as a speaker at a joint event of the Independent Association of Banks of Ukraine and the Association of Judges of Economic Courts of Ukraine "Judicial Protection in the Field of Banking Services in a Market Economy".

AGA Partners' lawyer Olena Sibirtseva acted as a speaker at a joint event of the Independent Association of Banks of Ukraine and the Association of Judges of Economic Courts of Ukraine "Judicial Protection in the Field of Banking Services in a Market Economy".

Olena spoke on the topic "Legal relations in the banking sector: protection of rights in the context of family law" and shared her experience of protecting the rights of creditors in the context of family legal relations.

22.09.21
Per Aspera ad Astra: AGA Partners successfully represented the client’s interests in two instances of London arbitration.

Per Aspera Ad Astra: AGA Partners successfully represented the client’s interests in two instances of London arbitration.

The dispute concerned the buyer's wrongful refusal to accept a large consignment of sunflower seeds worth USD 2 million. The buyer justified his refusal by the presence of poisonous ambrosia seeds in the cargo. The Client had no choice but to terminate the contract with the buyer, resell the goods on the market, and claim the difference between the contract and resale prices, as well as the demurrage costs.

Upon the consideration of the case in the first instance, the award was rendered entirely in favor of the AGA Partners’ Client - the London arbitral tribunal held that the refusal of the goods was unlawful and the Client was entitled to compensation for the damages suffered.

Nevertheless, the opposite side challenged the award of the first instance and filed an appeal to the London arbitration. Buyers argued that as the maximum permissible levels for ambrosia were set by EU directives, exceeding such levels was a sufficient reason for refusal of the goods. At the same time, the seller’s position was that 1) the contract did not provide for the application of EU directives, and 2) EU directives relate only to the sunflower seeds intended for animal feed. In this case, however, the seller supplied sunflower seeds for oil production. Sunflower processing during oil production eliminates any negative effect the ambrosia may have, therefore EU directives do not set any maximum permissible ambrosia levels for sunflower seeds used in oil production.

The appeal instanсe agreed with the AGA Partners’ arguments and found that the buyer's refusal of the goods was unlawful, therefore the seller had every right to compensation for all the losses incurred. The arbitrators not only confirmed the award of the first instance but also additionally satisfied our claim for vessel demurrage compensation, arbitration and legal costs. Therefore, the appeal satisfied all the claims AGA Partners raised on behalf of the Client during the consideration of the case.

This bright victory became possible due to the painstaking work of partners Iryna Moroz and Ivan Kasynyuk, senior associate Dmitry Koval and associate Pavel Lebediev. The well-coordinated work of the team let AGA Partners not only to safeguard the success of the first instance but to surpass it with even more favorable award for the Client in the appellate instance.   

15.09.21