Congratulations to partner Iryna Moroz on her appointment as Head of the International Arbitration Committee of the Ukrainian Advocates' Association.
We are proud of Ievgen Boiarskyi, Senior Associate at AGA Partners, who was one of the authors of the 13th volume of the Great Ukrainian Legal Encyclopedia dedicated to private international law. The contribution of Ievgen to this work lies in the part of explaining the term "circumvention of the law" in private international law.
Thanks to the whole team of authors for your hard work!
Congratulations to Oleksandr Gubin, senior associate at AGA Partners, on his appointment as Deputy Chairman of the Family Law Committee of the Ukrainian Bar Association.
AGA Partners successfully represented multinational commodity trading company in a dispute against the agricultural supplier in London arbitration. The dispute arose under the sale of goods contract under DAP terms.
Our client made a prepayment for the goods, but the supplier delivered only small part of the contractual quantity. Due to the supplier’s breach, our Client claimed the balance of prepayment back as well as damages for non-delivered quantity.
After a few months of proceedings, the arbitral tribunal upheld our Client’s claim awarding a total of USD700,000 plus interest, arbitration fees and expenses as well as legal costs.
AGA Partners has defended the interests of the football club.
AGA Partners’ lawyers Dmytro Koval and Iurii Gulevatyi defended the interests of the football club and its officials in the disciplinary proceedings of the Control and Disciplinary Committee of the Ukrainian Association of Football.
Following the consideration of the case, the lawyers managed to prove the innocence of the officials of the football club. As a result, the Committee did not impose disciplinary sanctions on club officials.
According to the results of the annual all-Ukrainian study "Market Leaders: Rating of Ukrainian Law Firms 2021" from Yurydychna Gazeta, AGA Partners was shortlisted among the TOP-50 law firms of Ukraine 2021, and managing partner of AGA Partners Aminat Suleymanova entered the list of TOP-15 effective managers - partners of law firms.
In addition, AGA Partners team has been recognized in the following nominations:
- Agrarian and land law
- International arbitration
- International Law / International Trade
- Private clients
- Family law
Thanks to Yurydychna Gazeta for the recognition!
AGA Partners successfully represented large multinational holding in London arbitration in the dispute against agricultural seller.
Our Client did not receive the goods under the contract and claimed default damages from the seller. The dispute evolved over the quantum of damages and specifically about the date of default and the relevant market price for assessment of damages.
After intensive written proceedings involving exchange of numerous evidence by the parties, the arbitral tribunal found in favour of our Client confirming our position as to the relevant date for assessment of damages. The tribunal fully satisfied our client’s claims awarding about USD170,000 of damages plus interest and arbitration fees and expenses.
AGA Partners is an expert partner of the II Ukrainian Arbitration Forum.
AGA Partners partners Iryna Moroz and Ivan Kasynyuk will speak at the II Ukrainian Arbitration Forum, which will be held on December 3.
In particular, Iryna Moroz will make a presentation during the discussion "Alternative Reality", and Ivan Kasynyuk will host an open interview with Anna Tishchenko, Director of the Department of International Disputes of the Ministry of Justice of Ukraine.
The Ukrainian Arbitration Forum is one of the most ambitious events in the legal industry and an expert platform for professional discussion on the development of arbitration in Ukraine. This is not the first time AGA Partners is partnering with the event.
Senior associate of AGA Partners Olena Sibirtseva was elected chairman of the UBA Committee on civil, family and inheritance law.
AGA Partners and ISKOR Sport Lawyers Agency have agreed on cooperation in the field of sports law.
The synergy of two professional teams will strengthen the existing experience of each and will allow to defend the rights and interests of athletes, coaches, sports clubs and federations.
“ISKOR Sport Lawyers Agency has long been known as a company that brings together the best sports lawyers in Ukraine. In turn, over the past few years, AGA Partners has been actively developing its legal practice in the field of sports, using many years of arbitration experience. We are pleased to start cooperation with ISKOR Sport Lawyers Agency, which is a logical continuation of our chosen vector of activity and will contribute to the powerful development of both companies in the sports law market, ”- commented Dmytro Koval and Iurii Gulevatyi, lawyers of AGA Partners.
"This is the first precedent of uniting two independent leaders in the legal space to achieve a common goal in the field of sports - protecting the rights of athletes and coaches, qualified legal support of sports clubs and federations, as well as ensuring the legal awareness of current and future athletes," - says Ilya Skoropashkin, managing partner of ISKOR Sport Lawyers Agency.
On November 18, AGA Partners lawyers Elena Sibirtseva and Alexander Gubin spoke at the webinar "Protection of Creditors' Rights in the Context of Family Law", organized jointly with the Association of Ukrainian Banks.
We are grateful to the Association of Ukrainian Banks for assistance in organizing the event!
AGA Partners defended the interests of the Dynamo Kyiv basketball club.
AGA Partners associates Dmytro Koval and Iurii Gulevatyi defended the interests of the basketball club Dynamo Kiev in a dispute over violation of the employment contract by a basketball player.
Following the consideration of the dispute, the Legal Relations Commission of the Basketball Federation of Ukraine recognized the violation of the contract by the basketball player. The contract was terminated by a decision of the Commission.
AGA Partners successfully represented a major oil producing and trading company in London arbitration initiated by an international trading company, registered in United Arab Emirates (UAE). The stakes in this case were extremely high – the opponent claimed recovery of more than 28 million US dollars!
The case concerned the parties’ disagreement regarding the conclusion of the contract on supply of a large parcel of sunflower oil. Although their preliminary negotiations did not result in signing of the contract, the UAE counterparty wrongfully declared the client in default for failure to deliver the goods and commenced London arbitration.
While initiating the proceedings, the UAE counterparty made several procedural mistakes which, on their face, would have appeared harmless – they failed to put the arbitral institution in the copy of the email, enclosing the notice of arbitration, and failed to attach a copy of the alleged contract to it. But these procedural mistakes triggered a whole cascade of serious procedural irregularities which eventually led to the premature nomination of an arbitrator instead of the client.
As the client had been deprived of its essential right to participate in the constitution of the arbitral tribunal, AGA Partners raised objections against jurisdiction of the tribunal. Eventually, the tribunal held that premature appointment of arbitrators poisoned the entire arbitration process. On this basis, the tribunal declined its jurisdiction to consider the case at hand.
The present case vividly illustrated the paramount importance of proper and prudent commencement of arbitration and the constitution of the arbitral tribunal.