AGA Partners has successfully represented the client, one of the biggest retail companies in Ukraine, in the arbitration against UAE trading company in a complicated dispute arising under the trade contract governed by English law.
The buyer failed to pay for the cargo, alleging that the cargo was not delivered and custom cleared according to their instructions. The important aspect of the case was that the parties were the intermediate seller and buyer in the long chain of CPT contracts, passing instructions down the string, while the cargo was physically delivered to the final receiver and custom cleared according to its instructions.
AGA Partners provided comprehensive explanations and evidence that the client fully performed its CPT delivery and customs clearance obligations.
Being convinced by AGA Partners’ arguments, arbitrators found the buyer liable to pay the full contract price, liquidated damages, interest and all arbitration costs. As a result, the tribunal satisfied in full the client’s claim of approximately USD550,000.00.
Partner Iryna Moroz gave the following comments on this matter:
"The case concerns complicated issues as to the delivery of the cargo, the retention of title and export formalities in the chain of transactions under English law, when the majority of parties within the chain are simply exchanging documents rather than actually being involved in the physical handling of the goods contracted."