On September 11 and 12 in Bucharest Partners Iryna Moroz and Ivan Kasynyuk together with associate Anastasiia Shevchuk conducted a training course “Commodity Shipping” organized by Gafta: The Grain and Feed Trade Association 

The following topics were discussed:
✔️Sales contract and charter parties
✔️Bills of lading
✔️Time charters
✔️Loading
✔️Demurrage
✔️Lay time

We would like extend our thanks to Jaine Chisholm Caunt OBE, CEO of Gafta: The Grain and Feed Trade Association, for providing us with the opportunity to deliver such an informative and comprehensive course, and to the participants for their active engagement in the discussion.

The dispute arose out of two contracts for the sale of 2,200 metric tons (in total) of sunflower seed oil. While the seller duly delivered the goods, the buyer opted not to pay their full value, arguing the inability to make payments under the contracts due to the alleged banking system issues.  

During the arbitration proceedings, the parties exchanged four rounds of written submissions, during which the buyer attempted to evade liability by all means. In particular, the buyer sought to initiate criminal proceedings against the seller in Spain while simultaneously demanding that the Tribunal recognize the claims as stayed on the same grounds. 

Nevertheless, due to the diligent and coordinated endeavors of AGA Partners, the seller's claims were satisfied, and the Tribunal awarded EUR 2.8 million in favor of the seller, alongside interest at a rate of 5% and legal and arbitration expenses. 

In its award, the Tribunal admitted that buyers bear all risks associated with resolving banking issues and compliance when making payment for the delivered goods.  

And no less importantly, the Tribunal also acknowledged that criminal proceedings, which may be related to the subject matter of the arbitration dispute, cannot serve as grounds for staying the arbitration proceedings, as the latter is confined to determining commercial issues, not criminality. 

The AGA Partners’ team was represented by Partner Iryna Moroz and Associate Oleksandr Zub. 

The dispute arose out of two contracts for the sale of 2,200 metric tons (in total) of sunflower seed oil. While the seller duly delivered the goods, the buyer opted not to pay their full value, arguing the inability to make payments under the contracts due to the alleged banking system issues.  

During the arbitration proceedings, the parties exchanged four rounds of written submissions, during which the buyer attempted to evade liability by all means. In particular, the buyer sought to initiate criminal proceedings against the seller in Spain while simultaneously demanding that the Tribunal recognize the claims as stayed on the same grounds. 

Nevertheless, due to the diligent and coordinated endeavors of AGA Partners, the seller's claims were satisfied, and the Tribunal awarded EUR 2.8 million in favor of the seller, alongside interest at a rate of 5% and legal and arbitration expenses. 

In its award, the Tribunal admitted that buyers bear all risks associated with resolving banking issues and compliance when making payment for the delivered goods.  

And no less importantly, the Tribunal also acknowledged that criminal proceedings, which may be related to the subject matter of the arbitration dispute, cannot serve as grounds for staying the arbitration proceedings, as the latter is confined to determining commercial issues, not criminality. 

The AGA Partners’ team was represented by Partner Iryna Moroz and Associate Oleksandr Zub. 

AGA Partners successfully represented a Ukrainian trading company in maritime London-based arbitral proceedings over a claim for damages against the Owners. 

During the performance of a Charterparty the dispute arose between the Parties as to the liability of the Client for alleged detention accrued on at Sulina anchorage (Romania), whilst the Vessel was waiting for her passage to Ukrainian loading ports of Danube. The Owners claimed over USD 200,000.00 of detention from the Client. 

At Turkish port of discharge, the Owners exercised lien on Cargo of the Client to secure their detention claim. The lien was successfully protested by the Client, but it caused the Client’s buyer of the Cargo to reject it and terminate the relevant contract for sale. The Owners’ lien caused damages to the Client for a large sum. The Client referred the matter to a London-based maritime arbitration. 

The crux of the dispute related to the legality of the Owners’ claim for the detention allegedly accrued on at Sulina anchorage, which the Owners enforced by way of the lien at Turkish port of discharge. The position of the Client was simple – the Owners possessed no valid claim for the detention because Sulina anchorage was not a usual waiting place for Ukrainian Danube ports. The lien was also invalid and caused consequential damages to the Client, which had to be reimbursed. 

Various pieces of evidence, including the one collected from port authorities, were submitted to assist the Tribunal in reaching the right decision at the case. 

After careful consideration of the case, the tribunal satisfied the Client’s claim finding that Sulina anchorage was not a usual waiting place for Ukrainian ports of Danube and the Owners’ detention claim with the lien were both unlawful. The Tribunal satisfied the Client’s claim for damages so suffered as a result of the unlawful actions of the Owners.  

The AGA Partners’ team was represented by partners Ivan Kasynyuk and Iryna Moroz, as well as senior associate Yurii Bedenko. 

AGA Partners was recognized by the national rating Ukrainian Law Firms. A Handbook for Foreign Clients, prepared by PRAVO.UA.

In particular, the company was recognized in 5️⃣ practices:
▫ Agribusiness,
▫ International Trade,
▫ International Arbitration,
▫ Transport: Aviation, Maritime Transport and Shipping,
▫ Family law.

9️⃣ AGA Partners' lawyers were recognized individually:
⭐Managing Partner Aminat Suleymanova - in the category of International Arbitration and Family Law practice;
⭐Partner Iryna Moroz - in the category of Agribusiness, International Arbitration, International Trade, Transport: Aviation, Maritime & Shipping;
⭐Partner Ivan Kasynyuk - in the category of Agribusiness, International Arbitration, International Trade, Transport: Aviation, Maritime & Shipping;
⭐Counsel Pavlo Lebediev - in the category of International Arbitration, International Trade, Transport: Aviation, Maritime & Shipping;
⭐Counsel Elena Sibirtseva - in Family Law practice;
⭐Counsel Oleksandr Gubin - in Family Law practice;
⭐Senior Associate Ievgen Boiarskyi - in the category of International Arbitration and International Trade,
⭐Senior Associate Dmytro Izotov - in the category of International Arbitration and International Trade,
⭐Senior Associate Yurii Bedenko - in the category of International Arbitration and International Trade.

Congratulations to our colleagues on their achievements!

On 25 July 2024, AGA Partners, together with the Ukrainian Bar Association, held an event: “Practical Issues of Recognition and Enforcement of Foreign Court Judgments and International Arbitral Awards in Ukraine”.

⚖ Iryna Moroz, Partner at AGA Partners, attorney at law, and Deputy Chairman of the UBA Committee on Alternative Dispute Resolution, moderated the event.

⚖ Oleksandr Zub, an Associate at AGA Partners, discussed the peculiarities of recognizing and enforcing arbitral awards with a sanctioned element.

⚖ Maksym Fesenko, an Associate at AGA Partners, spoke on the topic: Invalidation of an arbitration agreement in the recognition and enforcement of an international commercial arbitration award in Ukraine: myth or reality?

Among the invited experts were Olga Kostyshyna, counsel at LCF Law Group, and Iryna Falovska, judge of the Civil Court of Cassation of the Supreme Court.

We are grateful to the hosts and the audience for an interesting interactive.

We are pleased to share a new research “Market Leaders - 2024” by Yurydychna Hazeta, where AGA Partners was recognized among the best law firms in Ukraine in 6 practices:

• Agribusiness/land law;
• International Arbitration/International Litigation;
• International Trade;
• Maritime law;
• Family law;
• Private clients.

Also, traditionally, Aminat Suleimanova, Managing Partner of AGA Partners, entered the TOP-20 effective partner managers.

The dispute arose out of a FOB contract under which the buyer was to tender barges at the Ukrainian port of Reni. In accordance with the terms of the contract, the buyer nominated the barges and provided the necessary information for their acceptance at the port. However, a few days later, the buyer refused to accept the goods and cancelled the nomination of the barges.

Despite the client's repeated requests to withdraw the cancellation of the nomination and proceed with the execution of the contract, the buyer continued to refuse to tender the barges at the port of loading. Due to the complete lack of cooperation, the client was forced to terminate the contract with the buyer and initiated arbitration proceedings against it in London.

The main issue in the arbitration was the date of the buyer's breach of contract, as of which damages had to be calculated. The debate was between two positions: the date of cancellation of the barges' nomination and the end of the delivery period.

After exchanging written explanations, the Tribunal upheld the client's claim and awarded damages in the amount of approximately USD 84,000 with interest on this amount.

In its decision, the Tribunal found that the damages should be calculated based on the market price as of the date when the buyer missed the contractual period for nominating the barges. Accordingly, the client's damages in the form of the difference in the price of the goods should be calculated as of the last possible date when the buyer could have nominated the barges.

AGA Partners' team was represented by partner Ivan Kasynyuk, counsel Pavlo Lebediev and associate Vladyslav Kapustynskyi.

Counsel and attorney-at-law Pavlo Lebediev spoke at the panel "International Trade in Current Realities" at the IX Western Ukrainian Forum held on 20-21 June in Lviv.

The problems of goods supply, quality, payment, as well as force majeure were discussed.

We are grateful to the Ukrainian Bar Association for organizing this important event.

AGA Partners successfully represented a Swiss freighting company in their action for the arrest of the vessel and enforcement of the claim for the sum of USD 200,000.00.

During the performance of the voyage charter, the owners unilaterally cancelled it without any reason leaving the Client with the damages for the sum of USD 200,000.00. The Client had no other choice but to apply for arbitration in London and seek the arrest of the vessel to ensure their claim.

The vessel arrived in Georgia for her next voyage. However, the Client, represented by AGA Partners and local legal counselors, successfully obtained an arrest of the vessel from the Georgian court to secure the claim for damages.

As a result, the Owners agreed to settle the claim by reimbursing the Client the damages for the sum of USD 200,000.00.

The AGA Partners’ team was represented by partner Ivan Kasynyuk as well as senior associate Yurii Bedenko.

AGA Partners have successfully obtained the court order for an arrest of a vessel berthed in the Izmail seaport (Ukraine) to secure the maritime claim of the consignee against the shipowner.  

The claim arose from the contamination of the cargo (diesel fuel) with water caused by a technical malfunction of the vessel. A part of the cargo was spoiled completely, while another part was sold by a consignee with a significant discount because of its non-contractual quality. The consignee also suffered losses because of the need to pay for the storage and disposal of the spoiled cargo. 

The shipowners failed to restore the vessel's seaworthiness and demonstrated uncooperative conduct, ultimately refusing to compensate for the damage. At the same time, because of the vessel's technical malfunction, the discharge was significantly delayed, causing additional losses to the consignee.  

In these circumstances, the consignee was left with no choice but to commence legal proceedings against the shipowners and apply for the vessel’s arrest to secure his claim. 

Ukrainian court, having considered an arrest application prepared by AGA Partners, granted the vessel's arrest. 

Ivan Kasynyuk, partner, comments: “Imposing an arrest on a sea vessel is an effective means of protecting the interests of charterers, consignees and cargo owners, as it allows to significantly strengthen the negotiating position in disputes with shipowners. Spoilage of the cargo due to a technical malfunction of the vessel or negligence of its crew is a sufficient basis for the occurrence of a maritime claim and, accordingly, arresting the vessel.” 

The AGA Partners’ team was represented by partners Ivan Kasynyuk and Iryna Moroz, counsel Pavlo Lebediev, senior associate Yurii Bedenko, associates Oleksandr Zub and Viktor Pasichnyk. 

On June 1, 2024, on the International Children's Day, Olena Sibirtseva, Counsel and Attorney at Law of AGA Family Law Practice, spoke at the family event KIDS FEST.

The lecture "Happy Family: Tete-a-Tete with a Family Lawyer" was aimed at ensuring that parents clearly know the rights of their children and contribute to their realization and protection.

We discussed:

• the importance of organizing children's documents;
• topics that parents should discuss before the birth of a child;
• the importance of remaining the best parents for their child even if the marriage did not work out, as well as ways to achieve this.

We are grateful to the organizers for the invitation and the wonderful initiative!

AGA Partners is delighted to announce the promotion of senior associate and attorney-at-law Pavlo Lebediev to the position of counsel.
Through daily hard work, innovative approaches, and continuous development, Pavlo has achieved success.
AGA Partners' team sincerely congratulates Pavlo on his new position! Wishing all the best in this exciting new chapter

On May 16, 2024, AGA Partners and ICC Ukraine held a business breakfast: “Act or wait? The main dilemma of damages compensation caused by the war” for Ukrainian companies that suffered and lost assets as a result of the full-scale armed aggression of the Russian Federation.

The event was moderated by Aminat Suleymanova, Managing Partner at AGA Partners and Ivan Kasynyuk, Partner at AGA Partners

Among the speakers of the business breakfast were:
Iryna Moroz, Partner at AGA Partners
Pavlo Lebediev, Counsel at AGA Partners
Dariia Zyma, lawyer at AGA Partners
Maria Kostytska, Partner at Winston & Strawn LLP
Olesya Prantyuk, Director at HKA's London office
Alexander Milner KC, barrister and arbitrator at Fountain Court Chambers in London
Andrew W., partner at Raedas
Dmytro Shemelin, Investment Manager, Senior Legal Counsel at Omni Bridgeway in Amsterdam office

We discussed available mechanisms of compensation for losses for Ukrainian businesses,
how losses and damages caused by military actions are recorded,
expert assessment of losses,
prospects for recovering damages under the decisions of Ukrainian courts,
investment arbitration against Russia,
enforcement of arbitral awards and judgments in foreign jurisdictions,
search for assets in the Russian Federation,
financing of arbitration and litigation against the Russian Federation and Russian companies.

We are grateful to the speakers and participants for the interesting and informative event and also appreciate the assistance in organization ICC Ukraine.

Both cases concerned the seller’s action for the price claim of the goods duly delivered under DAP sale contracts. Additionally, the seller claimed contractual interest at the rate of 0.1% on the sum of the debt for each day of delay.

During the arbitration proceedings, the parties exchanged the four rounds of written submissions and conducted an oral examination of the parties' witnesses.

As a result of the professional and coordinated efforts of AGA Partners, the seller’s claims were fully satisfied.

The total award conferred upon the seller following both RSA arbitrations amounts to EUR 3,700,000.00. Within this sum, EUR 1,300,000.00 is designated as contractual interest. It is particularly noteworthy that this interest will continue to accrue until such time as the debtors fulfil the obligations mandated by the arbitration award in full.

Considering the parties’ positions, the tribunal concluded that the contractual interest amount was not unproportionate compared to the sellers' legitimate interest in timely payment for the goods, considering the potential penalties from Ukrainian authorities related to foreign currency control.

Furthermore, the tribunal ruled in favour of the seller concerning the arbitration costs.

The successful outcome of both RSA arbitrations was achieved through the joint efforts of partner Iryna Moroz, along with associates Anastasia Shevchuk and Vasyl Radetskyi.

The dispute arose out of a FOB contract concluded between our client (a Swiss trading company) and a Turkish buyer. The contract was agreed upon amidst the maritime hostilities in the Black Sea region due to russian aggression. 

Under the terms of the contract, the Buyer should have presented the performing vessel to one of the Odesa ports so our client could load the goods and ship them to Turkey. As the performance of the contract involved the JCC inspection on the way to the loading port (under the then-effective Grain Corridor Initiative), the contract contained a number of atypical performance conditions. In particular, the buyers’ obligation to present the performing vessel was considered fulfilled not upon arrival at the loading port but rather to the place of the JCC inspection. 

The buyer failed to comply with the above obligations, citing the force majeure (due to the temporary suspension of russia’s participation in the Grain Deal) as an excuse. The buyer alleged that the said event led to the impossibility of providing the vessel, taking into account the military risks on the way to loading port. 

As the buyer’s failure to present the vessel led to substantial damages, our client decided to initiate the arbitration, seeking appropriate redress. Our legal team directed the Tribunal's attention to the fact that the buyer was under the obligation to present the vessel not at the Ukrainian port of loading but specifically at the JCC control point in Turkey. Considering that this place was and remains far beyond the boundaries of any military actions, nothing could have prevented the buyer from placing the vessel there and awaiting their turn for the JCC inspection.  

After a long-lasting exchange of written submissions between the parties, the Tribunal fully satisfied the client’s claim, awarding the damages in the amount of about USD 600,000 together with interest. The Tribunal, in its award, admitted that the Buyers’ declaration of force majeure and the related defence arguments were without merit. These proceedings once again highlighted how important it is to properly understand the scope of contractual obligations – in the case at hand, the obligation to present the performing vessel. Moreover, the Tribunal provided a useful explanation of what can be considered a force majeure event in the circumstances of ongoing war in Ukraine. 

The AGA Partners’ team was represented by partner Ivan Kasynyuk, as well as senior associate Dmytro Izotov and associate Viktor Romaniv.