The case concerned a common type of dispute over buyer’s refusal to accept and pay for the goods.
The results of the case consideration confirmed that the quality of the goods was final at loading. The Tribunal found that the buyer’s refusal to accept the goods and / or documents for the goods had no legal basis and was a repudiatory breach of the contract.
According to Dmitry Koval, Associate at AGA Partners: “It was exciting and challenging at the same time. The main difficulty was to justify the amount of damages. We are therefore pleased that the Tribunal has fully satisfied the claimed damages amounting to $120,000.”
We are especially pleased to inform about this, because AGA Partners team has contributed to the latest edition by preparing a chapter dedicated to Ukrainian jurisdiction in cooperation with well-known publication series Getting the Deal Through.
Given the international mobility of wealthy individuals and their families, it is vital that they and their local advisers have a resource to guide them through the often significantly different legal frameworks they may face in other jurisdictions in which they choose to live, do business and invest. Private Client seeks to draw together the main issues of importance to a private client in this situation covering: rules in relation to tax, succession, the holding and management of property and immigration.
Please find the chapter by clicking on the link.
The case was related to a common type of disputes regarding the compensation of default losses. There is a well-known rule in the framework of GAFTA contracts providing for the right of the injured party to choose one of two options for compensating losses: a) to claim the difference between the contract and the market price of the goods, or b) the contract and resale price. The results of considering the case confirmed that the aggrieved party was not restricted in this choice. Even if the goods have been actually resold, the affected party has the right to claim for compensation of the difference between the contract and the market price of the goods, provided that such a position is more profitable for it.
As the result of legal position thoroughly prepared and detailed reasoning provided, tribunal of GAFTA arbitration has supported all claim demands of AGA Partners' client.
Ms. Suleymanova was acknowledged and recommended as one of the leading Ukrainian lawyers in agriculture and land legal practices.
Previously, Aminat Suleymanova was also ranked among the top 100 best lawyers of Ukraine released by trade publication Yurydychna Gazeta as one of the leading lawyers of Ukraine in the field of international arbitration and family law.
The annual survey of the legal services market "Client's Choice" is an independent study of quality of legal services provided by Ukrainian lawyers and the definition of the best lawyers of Ukraine. The exclusivity of the study is that it is based solely on customer surveys.
Irina Moroz, partner in AGA Partners Law Firm, who was the head of the team of legal advisers, said: "The originality and complexity of this case consists in the fact that the seller was not able to receive payment for the goods amid fraudulent transferring of payment by a group of hackers. In order to promptly solve the situation, we have attracted legal advisers from five different jurisdictions. We used multiple mechanisms of legal impact, including the arrest of the vessel, the arrest of goods, forced unloading of the vessel, initiation of a criminal case and securing of the claim. Thanks to the coordinated work of the whole team of lawyers under the direction of AGA Partners, the seller’s claim was secured by seizing the financial assets of the companies involved in fraudulent schemes, and the full value of the goods and all the legal costs of arbitration were also recovered."
Successful completion of this case is another confirmation of our team’s professionalism and the testimony of the high quality of our services!
In particular, Partner of AGA Partners Law Firm Irina Moroz was invited to participate as a speaker at the IBA Annual Meeting in Vienna, where she, among other international experts on family law, participated in the panel “Destination Divorces: where to go to call it quits?”
It is the things that, after passing the test of time, remained the same urgent and necessary, as in the beginning. We live in the era of super velocity. Today's world is rapidly changing. However, we will always look back in looking for those who can be relied upon, who will not go away the next day.
Celebrating our tenth anniversary surrounded by family, clients who had become friends, and colleagues, rejoicing at our conquering the next summit. All these years we have evolved and developed, going forward without noticing the obstacles and we have always remained the same AGA Partners, a firm that has been built on the principles of honesty, openness and fairness. We have always sought to understand customers’ needs and help them to achieve the desired result. We have withstood the test of time, the crisis, the rapid success. We, as in the beginning of our path, acutely feel the taste of our victories, excitedly undertake new projects, and every day we open new horizons that we have to conquer.
Experience obliges us to set ambitious goals, because while contributing to the industry development, we need to achieve more in order to stay in the lead.
Despite the huge amount of changes in the country, we remained ourselves, our philosophy and our classical values have enabled us to meet this day surrounded by the loved ones. We appreciate that even those our friends who, due to objective circumstances does not own their time as before and have a very tight schedule, still found time and came to congratulate us. We are proud that for 10 years we have been able to earn the respect of our colleagues. Their sincere and warm congratulations filled our holiday with the spirit of unity, the atmosphere of humor and ease.
We say “good enough is not good enough” and go ahead to new victories, achievements, and anniversaries, proving that we can be relied upon, regardless of the time and circumstances.
You can see more photos of the event by clicking the link.
The country leaders, heads of leading Ukrainian manufacturers, representatives of importing and exporting companies, and partners of law firms, for the second time were brought together by publishing house "Yuridicheskaya Praktika" (Legal Practice), at the Premier Palace Hotel on September 24, 2015, creating a unique communication platform for discussion of the legal and economic mechanisms of cooperation between Ukraine and the EU.
Minister of Agrarian Policy and Food of Ukraine Oleksiy Pavlenko delivered an opening speech, and Ukraine’s Deputy Minister of Economic Development and Trade Natalia Mykolskaya, Deputy Foreign Minister for European Integration Elena Zerkal, Deputy Minister of Ecology and Natural Resources on European Integration Anna Vronskaya spoke in the first session. Deputy Minister of Agrarian Policy and Food of Ukraine on European Integration Vladislav Rutitskii and President of Ukrainian Chamber of Commerce Gennady Chizhikov also participated in the forum.
AGA Partners has had an honor to be a general partner of the event. Managing Partner of AGA Partners Law Firm Aminat Suleymanova was invited to be a moderator of the session "Effective exports to the EU on example of agribusiness". Furthermore, Partner of AGA Partners Law Firm Ivan Kasynyuk has made a presentation on the applicable law and arbitration when exporting goods to the EU in the framework of the session "Settlement of disputes."
Our partnership in such events is a priority, because the International Legal Forum is a platform that allows the leaders of the legal profession and the authorities to conduct a constructive dialogue for effective implementation of reform on Ukraine’s path to European integration.
You can see more photos of the event by clicking the link.
You have a great opportunity to participate in this workshop, which will be held by the specialists of AGA Partners Law Firm.
We invite you to attend a fully-fledged course of lectures elaborating on the most pressing issues related to the execution of contracts for the supply of oils, using standard forms of FOSFA contracts.
To see the agenda and register for the seminar please click here.
Lecturers of the seminar will share with you their long-term unique experience in advising and settlement of disputes arising during contracts’ performance and also in dispute resolution at the FOSFA arbitration.
Seats are limited, the maximum number of participants is 30 people. Hurry up for registration!
The workshop will be conducted in Russian, there will also be simultaneous translation into English provided.
For more information about participating in the workshop, please contact us by phone + 380 44 237 79 33/43 or e-mail office@agalawyers.org
Ivan Kasynyuk, partner in AGA Partners Law Firm, who led the case and took part in the oral hearings, said: "This case had a number of difficult moments, although it is a classic example of the recovery of damages for non-delivery of goods. Our team faced the difficult task of replacing the party at the stage of the appeal proceeding, as well as required using a complex series of evidence-based arguments, but eventually we have coped with these tasks perfectly well."
Successful completion of this case is another confirmation of our team’s professionalism and the testimony of the high quality of our services!
What information we shared during the event:
- Most common legal issues expatriate can face in Ukraine: moving tips, labor issues, taxation, real estate purchase, investment, family law peculiarities, succession etc.;
- Our own unique experience dealing with different issues of expats in Ukraine;
- Participants also had an opportunity to ask their questions during the presentation.
The audience highly appreciated unique knowledge and information received from our Partners during the seminar regarding the issues related to the expats in Ukraine.
Managing Partner of AGA Partners Aminat Suleymanova, as well as partners of the firm Ivan Kasynyuk and Irina Moroz have contributed to the Family Law Global Guide by representing the Ukrainian jurisdiction. This edition is a unique reference for family law practitioners and contains answers to the most urgent issues of family and marriage relations in various jurisdictions.
The section about Ukrainian jurisdiction reveals peculiarities of the legal regulation of marriage and divorce, legal status of the property, dispute resolution with respect to children, conclusion of marriage contracts, use of assisted reproductive technologies and new trends in the Ukrainian family law.
You can learn more by clicking the following link
Ms. Suleymanova was acknowledged and recommended as one of the leading Ukrainian lawyers in agriculture and land legal practices.
Previously, Aminat Suleymanova was also ranked among the top 100 best lawyers of Ukraine released by trade publication Yurydychna Gazeta as one of the leading lawyers of Ukraine in the field of international arbitration and family law.
Top 100 best lawyers of Ukraine is a rating based on the confidential responses of corporate managers and lawyers from almost 2000 leading Ukrainian and international companies operating in Ukraine. The questions that were posed to managers related to objectivity, impartiality, customer orientation and transparency of the lawyers.
We are pleased to inform that Ukrainian Law Firms. ”A Handbook for Foreign Clients” this year once again named Managing Partner of AGA Partners Law Firm, Aminat Suleymanova as one of the notable practicing lawyers in the areas of «International arbitration», «International trade», and «Agribusiness».
We are pleased to announce the successful holding of the training course “Formation and fulfillment of contractual obligations” within the framework of GAFTA Continuous Professional Development Programme (CPDP) on May 19-20, in which the partners of AGA Partners Law Firm, Ivan Kasynyuk and Irina Moroz, were the speakers.
The main issues addressed in this course include:
• Parties’ obligations under standard contract forms
• Different types of contractual conditions and their importance when dealing with defaults
• Different types of payment terms, importance of timing, advantages and disadvantages of different types of payment
• Application of the provisions on force majeure and prohibition
• Procedure of damages recovery and particularities of GAFTA arbitration process
The trainees have got a comprehensive understanding of the parties’ rights and obligations under the standard contract forms and of the peculiarities of grain exports according to GAFTA rules.
Sometimes the provision of professional pro bono legal assistance is not just a fad, but lawyers’ moral duty. The case of Martha Popovych who was the heroine of Inter Channel’s TV-program “Stosuyetsya Kozhnoho”(Concerns Everyone) is just that kind of a case.
Managing Partner of AGA Partners Law Firm Aminat Suleymanova has successfully defended Martha Popovich’s interests in Kulikovskiy District Court. The court has completely satisfied mother’s claim by ruling that two-year-old Masha’s place of residence should be with her mother, and ordered to exercise the immediate removal of the child from the father’s custody.
Two months earlier, Aminat Suleymanova was invited to participate in the TV-program as an independent expert on family matters.
27-year-old Martha Popovich had been physically abused by her common-law husband and forced to flee, leaving her two-year-old daughter Masha with her father. From then onwards Martha was prevented from seeing her daughter.
The father ignored the conclusion of the guardianship authority that ruled that the child should live with the mother. Aminat Suleymanova, as a recognized expert in the field of family law, decided to walk the walk and help Martha return her 2-year-old daughter, as well as to protect her rights in the court.
The court has accepted the lawyer’s arguments that the child’s further residence with the father endangers the girl’s health and moral education, and not just ruled that the girl should reside with her mother, but also ordered to immediately remove the child from the father’s custody. Decisions to remove the child from custody are quite uncommon in the judicial practice, as they require powerful arguments.
We should not forget the basics of the legal profession: aequum et bonum est lex legum - what is just and right is the law of laws.