AGA Partners successfully represented Moldovan agricultural traders (Buyers) in an arbitration arising out of a FOB contract for the purchase of Ukrainian corn from Swiss sellers (Sellers). The Buyers sought recovery of losses incurred due to delays at the loading and discharge ports. 

The dispute concerned payment allocation, the alleged consolidation of debts under separate contracts, the validity of the Notice of Readiness, and the Sellers’ purported right to withhold the cargo and shipping documents. 

AGA Partners demonstrated that the disputed contract remained legally independent from the parties’ other transactions, that the Buyers had fulfilled their payment obligations, and that the Sellers had no contractual right to withhold the cargo by reference to liabilities allegedly arising under separate contracts. 

The Tribunal accepted the Buyers’ position and awarded loading port demurrage, discharge port demurrage, interest, and arbitration costs.  

The Sellers subsequently commenced an appeal. Following the Buyers’ submissions demonstrating the strength of the first-tier Award, the Sellers did not file the documents required to pursue the appeal. The appeal proceedings were therefore discontinued, and the first-tier Award became final and binding. 

The AGA Partners team was led by partner Iryna Moroz, with support from senior associate Maksym Fesenko and associate Veronika Kulchytska.