AGA Partners successfully represented a Ukrainian state-owned agricultural company in three London appeal arbitration proceedings against a Swiss-based buyer under three sale contracts with a total value of more than USD 46 mln. 

All three cases primarily concerned the buyer’s failure to pay the price of duly supplied goods of contractual quality and quantity. In addition, the seller claimed damages for the buyer’s failure to take balance quantity of the goods as well as dispatch costs for conducting prompt loading operations. 

In its defence, the buyer claimed frustration of all three contracts. In other words, the buyer claimed that it was entitled to take delivery of the goods and to refrain from paying therefor due to an alleged frustration. 

Both in the first tier and in the appeal proceedings, arbitrators ruled in favour of AGA Partners’ client by satisfying its claim in full. The total amount of the awarded sums under three arbitration awards is more than USD 24 mln. 

The successful outcome was achieved as a result of a the professionally coordinated performance of a partner Iryna Moroz, a senior associate Ievgen Boiarskyi and an associate Vasyl Radetskyi.