$8.5 million - this was the amount of the Dutch company’s claim to our client. The subject matter of the dispute was the allegedly improper quality of the delivered agricultural products.
To the joy of our clients, a large Ukrainian agricultural holding, the arbitrators refused the claim in full. The last nail was the recognition of all counter claims of our client and compensation for legal and expert expenses.
Irina Moroz, Partner at AGA Partners, reveals the main ingredients of the victory:
“Everything is quite simple. Study 7 volumes of the complainant’s claims. Pore over the EU directives for a long time. Look for gaps and weaknesses in claims.
Apply the English law doctrines of satisfactory quality, fitness for purposes, quality final, etc. Add a dozen of expert opinions.
Cook it for 3 years, let it brew, add arguments to taste.
And, voilà, the FOSFA tribunal meets our claim in the first instance.