On October 9-11 the fifth international conference Oilseeds and Oils - 2013, traditionally organized by APK-Inform Agency, was held in Istanbul, Turkey.

During two days of the event, the participants, representing nearly 220 companies from 31 countries, were discussing the results of the season for the world leading countries-exporters of oilseeds and vegetable oils in 2012/13 MY (Ukraine, Russia, Bulgaria, Argentina, Brazil, the EU, Turkey, etc.), prospecting directions for exports of these commodities, driving powers of the global trading with vegetable oils.

Managing Partner of AGA Partners Law Firm, Aminat Suleymanova gave her report during the event.

The report of Ms Suleymanova was covered issues of risks of the Black Sea oilseeds & vegoils trading and was highly appreciated by the audience of the conference.

GAFTA Tribunal supported claim of AGA Partners Law Firm Client in full. The Client during arbitration was represented by Ivan Kasynyuk, Partner of AGA Partners Law Firm.

The award of arbitration satisfied the default price - as the difference between contract price and resale price. Moreover, GAFTA Tribunal agreed to the points of AGA Partners regarding the applying of the rate of 8,25% per annum for the delay in payment (refinance rate of the Russian Federation). Also the damages for the cancellation of the fixture recap were satisfied in full.

All the points of the Buyers regarding the force-majeur circumstances, non-approval of the vessel and applying of the rates LIBOR/EURIBOR were recognized to be incompetent.

The whole amount of the satisfied claim is more than 220 000 USD.

With a rise in the geographical mobility of families and the number of international marriages, the consequences of marital breakdown increasingly have a cross-jurisdictional dimension. It is important for clients and practitioners alike to be aware of the complexities involved in dealing with international family law issues. In light of this background, we are pleased to announce the publication of Family Law Jurisdictional Comparisons (2^nd edition), published by European Lawyer/Thomson Reuters.

The unprecedented success of the first edition of Family Law Jurisdictional Comparisons, published in 2011, is indicative of the growing importance of international family law and the huge appetite amongst family lawyers for a definitive guide to family law in core jurisdictions around the globe. 

Ivan Kasynyuk, Irina Moroz - international family lawyers and Aminat Suleymanova - fellow of the International Academy of Matrimonial Lawyers (IAML), were invited to author an analysis of Ukrainian family law for the second edition of Family Law Jurisdictional Comparisons.

Family Law Jurisdictional Comparisons has become the “must-have” publication for all family and divorce lawyers throughout the world who require a comprehensive and practical guide to the key components of family law across a multitude of major jurisdictions. It is also a tremendous resource for family office advisers and those professionals who advise international families.

Cases involving conflict of laws and questions about the application of foreign law are becoming increasingly common and many international family law issues such as the recognition of same-sex marriages, surrogacy agreements and pre and post-nuptial agreements have been hotly debated in the press and in wider society. Similarly, developments such as the Japanese government’s decision to ratify The Hague Convention on the Civil Aspects of International Child Abduction, and Russia’s recent ratification of the Convention, have come about following years of domestic and international campaigning. Against this background, Ms Suleymanova and her fellow authors, Ivan Kasynyuk and Irina Moroz felt that it was vital to provide family law professionals with a second, definitive, edition of Family Law Jurisdictional Comparisons which includes 16 new jurisdictions as diverse as Bermuda, Canada, Chile, Malaysia, Monaco, Spain and the United Arab Emirates. 

On this, partner Aminat Suleymanova stated, "The publication of the analysis of Ukrainian family law in the 2013Family Law Jurisdictional Comparisons is a testament to the expertise of our firm's contributing lawyers."

Aminat Suleymanova, who is member of the IAML and a recognised expert in the field of international family law, was named as one of the leading individuals in the field of family law in Ukraine and has acted in many leading family cases including Ukrainian jurisdiction.

Family Law Jurisdictional Comparisons provides an update on the issues covered in the 2011 first edition, such as jurisdiction and conflict of laws, financial arrangements, children, cohabitation and marital agreements, and introduces new topics including surrogacy, adoption and alternative methods of dispute resolution. Comparing different laws across 46 jurisdictions, the book examines the varying details, solutions and problems of controversial family law issues.

According to Irina Moroz, “This publication is the culmination of what has been a substantial research project and I am proud to see the finished result. Our objective was to provide the reader with a simple and accessible guide in which those at the very forefront of their fields highlight the different family law issues which are defining and changing our society around the world.”

Mr Ivan Kasynyuk continued, “There has been a phenomenal increase in the number of family law cases with an international element, and there is no evidence that this growth will abate any time soon. The trend is partly caused by the growth of truly ‘international cities’ such as London and New York, but also by the myriad of international conventions that govern issues such as child abduction. Against this backdrop, I felt it was essential to provide family law practitioners with an up to date, and improved, comprehensive resource book.”

Reviews of Family Law Jurisdictional Comparisons

“This supremely practical book provides basic information on international family law operating in no less than forty-six jurisdictions.  The General Editor was particularly astute to ensure that all these jurisdictions adopted the same template for their presentations. In this busy world the provision of basic legal information in an easily digestible form is what we all seek”.

Lord Justice Thorpe, Head of the Office of International Family Justice

"Truly a 'comparative overview' as the foreword claims - same questions posed to each jurisdiction - and, as such, truly indispensable to all international family lawyers."

Tim Amos QC (Queen Elizabeth Building)

“This publication will be a tremendous resource for all family lawyers... The fact that the information is provided by so many Fellows of the IAML, who have the knowledge and expertise to identify and favourably resolve international issues, contributes significantly to its value."

Cheryl Hepfer, President of the IAML

To purchase the book, please visit the Thomson Reuters/Sweet & Maxwell website:

http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=610526&recordid=5483

AGA Partners Law Firm was mentioned by Ukrainian Law Firms (A Handbook for Foreign Clients) 2013 edition in the list of the leading law firms at the Ukrainian market.

High professionalism and excellent reputation of AGA Partners seventh time in row allowed us to be mentioned among the leading Ukrainian law firms in such practice field as Foreign Trade, Agribusiness and International arbitration. Moreover, our Managing Partner, Aminat Suleymanova, was mentioned among the leading lawyers in the International arbitration, Foreign trade and Agribusiness legal practice areas.

Thanks to our colleagues and clients for the high appreciation of our work!

On March 6-7 Managing Partner of AGA Partners Law Firm, Aminat Suleymanova, and Senior lawyer of the company, Ivan Kasynyuk participated in the Eighth International Trading Summit Grains & Oilseeds-2013, Casablanca (Morocco). AGA Partners Law Firm was the the sponsor of this important event.

The event gathered nearly 200 participants from more than 80 companies, public and government organizations from 23 countries.

During the event Aminat Suleymanova made a report on important aspects of the international grain trade, highlighting such issues as prohibition clause and force-majeure circumstances. The report of Ms. Suleymanova drew the special attention of the summit participants and was highly appreciated by the audience.

During two days the Summit participants discussed the trends and prospects of development of the world market of grains and oilseeds, with special emphasis on the specific needs of these markets in the Maghreb countries, and in particular Morocco.

Another successful consideration of the case in the institutional arbitration of the Federation of Oils, Seeds and Fats Associations (FOSFA), London, in which client’s interests were represented by Irina Moroz, Senior associate of AGA Partners Law Firm.

The central issue in this dispute was the buyer’s refusal to pay the agreed contract price for three deliveries of the goods that were made by two different types of transport: rail wagons and river barges. The buyer refused to pay for the goods, raising in defense the issue of defective quality of the goods, but eventually missed the terms of claiming arbitration on the issue of quality. As the result, the tribunal fully supported position of AGA Partners Law Firm lawyers and satisfied all of the claimed losses in the total amount of over 630 000, 00 USD.

It is important to note that this case included numerous details important for this arbitration proceeding and affecting the outcome of a case. Thanks to the hard work over the legal position and over the arguments in support of the claim, the lawyers of AGA Partners has managed to maintain their position and successfully represent the interests of the client. 

On February 14-16, 2013, Managing Partner of AGA Partners Law Firm, Aminat Suleymanova, and Senior lawyer of the company, Ivan Kasynyuk participated as speakers in the second part of the training: "Analysis of the physical and futures market, the pricing forecast and the choice of effective trading strategy to improve profitability of sales of agricultural products".

During training Aminat Suleymanova reported the audince on some aspects international business structuring, the order of non-resindent companies registration, bank accounts opening and also on pecularities of profit taxation of non-resident companies.

Ivan Kasynyuk gave his report on the legal aspects of trade under contracts GAFTA and FOSFA and informed the audience about the risks and responsibilities on the basis of supply CPT, FOB, CIF; basic rules of negotiation and contracting. In his report, he described the procedure for sending notices of appropriation, renewal of contracts, estimation of damages, as well as some of the nuances of dispute resolution under the GAFTA and FOSFA arbitration institutions.

This process was very labour intensive and time taking and lasted two years of first and appeal instance of London arbitration despite the fact that sum of our client claims was only 150.000 USD which is rather small to the arbitration measures. Our opponents was the group of English lawyers specialised in the international traade field.

Ivan Kasynyuk who dealt with this case, mentioned that: "The process was notable for its complexity and demanded the analysis of the vast array of the English courts precedent practice. Initially the respondents objected the jurisdiction aiming at recognizing the Gafta tribunal as the incompetent body regarding considering this claim in view of arbitration clause absence. But there were the arrangements of the parties on transfering any dispute to the concrete arbitration. Receiving the arbitration refusal, further the respondents tried to recognise the contract as invalid, requesting making the amendments (rectification of contract) to the sufficient contract provisions, which in fact could influence on the case outcome. Finally after more than two years of proceedings, appelation instance of Gafta confirmed lawfulness of our clients demands satisfying them in full".

The Federation of Oils, Seeds and Fats Associations (FOSFA) is a professional international contract issuing and arbitral body concerned exclusively with the world trade in oilseeds, oils and fats with 975 members in 79 countries. 

Internationally, 85% of the global trade in oils and fats is traded under FOSFA contracts.

On December 5, 2012 Irina Moroz, Senior lawyer of AGA Partners participated in the round table on the topic: Fathers and Children: Legal Aspects of divorce proceedings in Ukraine (the rights of all members of the family upon the divorce and division of property.) Surrogacy and adoption – what you need to know in order to become happy parents. Round table was held at the Press Center of the Information Agency LIGABusinessInform.

Senior lawyer of AGA Partners, Irina Moroz, took part in the round table as the speaker and shared her views with the experts on the legal aspects of surrogacy treatment involving foreigners in Ukraine. Also she offered her vision of possible changes to the law regarding the use of ART taking into consideration latest bill filed to the Verkhovna Rada of Ukraine.

During the round table experts in family law and mediation discussed the most sensitive issues of children's rights protection in the processes of divorce, division of property, the return of illegally removed children, alimony, and the birth of a child through the surrogacy treatment.

Senior lawyer of AGA Partners Law Firm, Ivan Kasynyuk took part in the international conference "Fat-and-Oil Industry-2012", which was held on November 21-22, 2012 in Ukraine, Kiev (hotel "Intercontinental").

This is the largest annual meeting, which was attended by more than 300 representatives of the largest fat-and-oil Black Sea region companies. Being held annually in Ukraine in November, the conference became rather good tradition for the market participants to gather in the beginning of the season to discuss the perspectives and areas of cooperation.

The target audience of the conference participants: oilseed processing and trading companies, governmental organizations, industry organizations, leading domestic and international agrarian experts, key exporters and consumers of oilseeds and by-products, representatives of scientific organizations, etc.

The 10th annual global grain conference in Geneva, the world's premier trading event in the grain calendar, Global Grain Geneva was held on 13-15 November 2012 in Geneva, Switzerland.

Managing Partner of AGA Partners Law Firm, Aminat Suleymanova took part in the forum along with the more than 900 delegates from 50 countries.

On November 2-3, 2012, Managing Partner of AGA Partners Law Firm, Aminat Suleymanova, and Senior lawyers of the company, Ivan Kasynyuk and Irina Moroz participated as speakers in the training: "Analysis of the physical and futures market, the pricing forecast and the choice of effective trading strategy to improve profitability of sales of agricultural products".

During training Aminat Suleymanova reported the audince on some aspects international business structuring, the order of non-resindent companies registration, bank accounts opening and also on pecularities of profit taxation of non-resident companies.

Irina Moroz and Ivan Kasynyuk gave their reports on the legal aspects of trade under contracts GAFTA and FOSFA and informed the audience about the risks and responsibilities on the basis of supply CPT, FOB, CIF; basic rules of negotiation and contracting. In their reports, they described the procedure for sending notices of appropriation, renewal of contracts, estimation of damages, as well as some of the nuances of dispute resolution under the GAFTA and FOSFA arbitration institutions.

AGA Partners performed debtor assets seizure, who refused to voluntarily enforce the GAFTA arbitration award issued in favor of our client

AGA Partners Law Firm successfully represented Client's interests (charterer) in the dispute that was considered by The London Maritime Arbitrators Association (the LMAA). Senior lawyer of the company, Irina Moroz pursued this claim, representing charterer's interests.

Irina Moroz, Senior lawyer AGA Partners Law Firm, commented on the case following: "This case was very interesting and challenging at the same time in terms of proving. The dispute was concerned the procedure for calculation of lay time, a period when the ship was waiting for the berthing. The vessel during up to 12 days could not dock at the port of loading due to the strong wind. The owners filed the claim against the charterer, AGA Partners Law Firm's Client , for compensation of the demurrage arising based on the fact that the wind speed of 17 - 35 m/s was not an obstacle for the loading operations. As the evidence shipowners relied on SOF of the other vessels that were loaded later in this port for quite similar weather conditions. However, the applicable port regulations prohibited loading operations at the port when the wind speed exceeds 17 m/s. "

Due to the hard work on the evidence base, AGA Partners Law Firm was able to develop a strong defensive position and make a counter-claim for the dispatch compensation. In the result of the case consideration the Tribunal issued an award in favor of the AGA Partners Law Firm's Client, covering the claimed amount of dispatch, as well as legal costs. It is important to note that recognizing the authority of the arbitration institute, the Owners immediately enforced an arbitration award and compensated the full amount of damages to the Client of AGA Partners Law Firm.

AGA Partner Law Firm once again succeeded in representing the interests of the applicant to the European Court of Human Rights (Strasbourg).

The court has delivered the decision in favor of our client recognizing a violation of Art. 6 of the European Convention on Human Rights and Article 1 of Protocol № 1, committed by the state Ukraine. The case was conducted directly by managing partner - Aminat Suleymanova. In the result of the positive solution of the ECHR the justice towards Ukrainian legal entity has been restored and significant financial damage suffered by our client in connection with the violations, would be compensated in the near future.