Successful representation of the Client's interests at the FOSFA Arbitration has ended with the voluntarily award enforcement and compensation of the claimed damages with the accrued interests in the amount exceeding 470 000 USD.
Irina Moroz, Senior associate of AGA Partners Law Firm, successfully represented client’s interests in dispute against major world trading German trade holding, which was considered in the institutional arbitration of the Federation of Oils, Seeds and Fats Associations (FOSFA), London.
The central issue was the failure by the buyer to execute the contract on FOB basis with delivery terms «as soon as possible». It should be noted that the delivery terms were agreed by the parties in the exchange of e-mails and only with reference to a previously signed contract. The demands of our clients, is that his buyer is relying on the growth of the market price and the previous contractual arrangements refused to nominate a vessel and to accept the goods, which in turn has led to substantial losses. In its defense, the buyer raised the question of time bar of claim and the issue of options of the parties in terms of delivery on FOB terms. As the result, the court fully supported position of AGA Partners Law Firm lawyers and satisfied all of the claimed losses.
It is important to mention that recognizing the authority of the Federation of Oils, Seeds and Fats Associations (FOSFA), as well as the possible consequences of non-executing the arbitration award that was issued, the defendants voluntarily enforced the award and compensated all the claimed damages together with accrued interest in the amount more than 470 000, 00 USD.
AGA Partners Law Firm has successfully ended the arbitration process, receiving an award in favor of the Client in the amount of more than 150,000 USD.
AGA Partners Law Firm has once again successfully represented clients in dispute at the international commercial arbitration GAFTA (London), which was accompanied by the senior lawyer, Irina Moroz.
The dispute concerning recovery of the damages arose in the result of default by the buyer regarding the contract on CIF terms. Claimed losses, among other things, included the demurrage of more than 56,000 USD incurred at the port of discharge, the difference in the market price of the goods, as well as expenses for reissued documents.
AGA Partners Law Firm victoriously brought to an end yet another "grain" case process at the ICAC of the CCI of Ukraine.
According to the Managing partner, Aminat Suleymanova: "This victory in arbitration court was the final point in protracted case related to the maintenance of quotas on the grain market in October 2010 for Ukrainian exporters of agricultural products. Market participants remember well the non-transparency of the quota allocation procedures, as well as all the difficulties associated with obtaining an export license. The victory was well-deserved result of hard work of our lawyers’ team during the last two years, which have collected extensive evidentiary foundation proving the rectitude of our client."
Ivan Kasynyuk, Senior lawyer, representing clients in arbitration, provided the following comments: "The demands that have been brought against our client, one of the largest Ukrainian exporters were simple enough - the client, being a seller on the contract, refused to supply agricultural production in the amount of 16,000,000 USD. In the negotiation process, the buyer, a global agricultural company, trading all over the world, refused to accept the arguments of the client associated with the existing at that time, export restrictions and filed the claim to recover $ 12 million USD. The unusual circumstance regarding this case was the fact that several arbitration clauses were specified in the contract at the same time, as well as the incorporation of the rules in two different jurisdictions, Ukraine and England. According to the results of the long debates, the tribunal dismissed the claim against our client, finding that the seller had all the legal grounds for exemption from liability for failure to supply agricultural products."
AGA Partners Law Firm has once again successfully presented the client's interests in the dispute at the international arbitration GAFTA, London.
The demands of our client, one of the major Russian grain traders, were based on the following: the buyer, having no legal grounds, held the chartered vessels under arrest in the territorial waters of Egypt, which in turn has led to the substantial losses.
Ivan Kasynyuk, Senior lawyer, commented on this process as it follows: "The complexity of the case was not so much in proving the fact of violations, as in the justification of losses incurred for clients and establishing clear causal relationships. Awarded sum of 370,000 USD, was the natural result of the well-based claim being a reflection of the long and hard work. "
We are proud to announce the issuance of the “Family Law. Jurisdictional comparisons”, First edition 2011.
This is the first comparative edition of family law in 31 of the world’s principal jurisdictions. It provides as essential resourse to family law professionals around the globe for the purposes of dealing with international cases.
The Ukrainian jurisdiction was presented by Aminat Suleymanova, Managing Partner of AGA Partners Law Firm and Ivan Kasynyuk, Senior Associate of AGA Partners Law Firm.
This year AGA Partners was represented by Managing Partner Aminat Suleymanova.
About 900 delegates from 50 countries took part in the forum.
On October 26–29, 2011 in Las Vegas, USA the Section of Family Law Fall 2011 CLE Conference was held.
This conference covered the most important family law issues regarding the American society.
Particularly, on October 29th, 2011 the seminar “I—Coming Home with Baby: How to Advise U.S.-Intended Parents Who Go Abroad to Have Children Through ART” was held. Aminat Suleymanova, Managing Partner of AGA Partners was invited to take part in the abovementioned event.
The seminar covered the issue of family law and was focused on the practical aspects of having children through ART. This seminar discussed risks and practical problems that these parents are facing, as Aminat Suleymanova presented a paper on family law of Ukraine regarding abovementioned issue that received very positive feedback from the seminar audience.
Lawyers of AGA Partners Law Firm successfully represented Client's company interests in the dispute at the GAFTA arbitration court (London), with the subsequent recovery of the claimed sum in the jurisdiction of Marocco.
The dispute arose following the failure to open letter of credit (LC) in time therefore the Client's company being the seller upon the contract had to terminate the agreement and claim damages recovery at the arbitration court. The claims regarding the arbitration were prepared by the Managing Partner, Aminat Suleymanova and Senior lawyer, Ivan Kasynyuk. The case was brought to a logical end resulting in the recovery of all damages including interests for late payment.
Another proceedings at the GAFTA arbitration, in which AGA Partners Law Firm represented interests of the Client's company, have successfully ended.
According to the Senior lawyer of the company, Ivan Kasynyuk, who participated in the arbitration proceedings: "This dispute was the traditional and very widespread regarding execution of FOB contracts. Client's company being the buyer, performed all necessary actions for the fulfillment of its obligations, including providing vessel for the loading. However, company-seller refused to execute the contract refering to the force-majeure clause in connection with the drought in the state of the commodities origin, namely in Russia in the last year».
Notwithstanding mentioned circumstances lawyers of AGA Partners successfully represented the Client's company interests, receiving the GAFTA award in the amount of 261.000 USD, calculated upon the difference between the contractual price and alternate purchase price.
AGA Partners Law Firm was mentioned by Ukrainian Law Firms (A Handbook for Foreign Clients) 2011 edition in the list of the leading law firms at the Ukrainian market.
High professionalism and excellent reputation of AGA Partners yet again allowed us to enter the top-five of leading Ukrainian law firms in such practice field as Foreign Trade. Moreover, our Managing Partner, Aminat Suleymanova, was named among top five 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!
This year AGA Partners was represented by Managing Partner Aminat Suleymanova.
About 900 delegates from 50 countries took part in the forum.
Grain and Feed Trade Association (GAFTA) hold 3-days training course Grade 2 "Contracts: Dealing with and Resolving Problems", which took place on 7-9 of June, 2010 in Kiev, hotel "InterContinental".
Ivan Kasynyuk, Senior Associate of AGA Partners Law Firm, was invited as the speaker on the issues of the enforcement of the arbitration awards. AGA Partners became sponsor of this event.
This year AGA Partners was represented by Managing Partner Aminat Suleymanova.
About 700 delegates from 50 countries took part in the forum.
High professionalism and excellent reputation of AGA Partners yet again allowed us to enter the top-five of leading Ukrainian law firms in such practice field as Foreign Trade. Moreover, our Managing Partner, Aminat Suleymanova, was named among top five 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!