AGA Partners successfully represented a large Australian agribusiness and processing company on an appeal stage of London-based arbitral proceedings over a dispute against a Swiss agricultural trader.
The dispute emerged due to the seller’s failure to deliver the goods within the contractual delivery period. As a result, the buyer terminated the contract and claimed damages against the seller in a first-tier London arbitration. The first-tier arbitral tribunal satisfied the buyer’s claims in full.
Disagreeing with this result, the seller lodged an appeal against the first-tier award. The appeal proceedings concerned a number of legal issues related to an alleged variation of the contract during oral negotiations in lack of a written agreement as well as a dispute on quantum of damages.
After long-lasting exchange of written submissions between the parties, the board of appeal dismissed the seller’s appeal in its entirety, confirming the first-tier award and even awarding the buyer with a higher sum of damages.