AGA Partners' lawyer Olena Sibirtseva acted as a speaker at a joint event of the Independent Association of Banks of Ukraine and the Association of Judges of Economic Courts of Ukraine "Judicial Protection in the Field of Banking Services in a Market Economy".
Olena spoke on the topic "Legal relations in the banking sector: protection of rights in the context of family law" and shared her experience of protecting the rights of creditors in the context of family legal relations.
The dispute concerned the buyer's wrongful refusal to accept a large consignment of sunflower seeds worth USD 2 million. The buyer justified his refusal by the presence of poisonous ambrosia seeds in the cargo. The Client had no choice but to terminate the contract with the buyer, resell the goods on the market, and claim the difference between the contract and resale prices, as well as the demurrage costs.
Upon the consideration of the case in the first instance, the award was rendered entirely in favor of the AGA Partners’ Client - the London arbitral tribunal held that the refusal of the goods was unlawful and the Client was entitled to compensation for the damages suffered.
Nevertheless, the opposite side challenged the award of the first instance and filed an appeal to the London arbitration. Buyers argued that as the maximum permissible levels for ambrosia were set by EU directives, exceeding such levels was a sufficient reason for refusal of the goods. At the same time, the seller’s position was that 1) the contract did not provide for the application of EU directives, and 2) EU directives relate only to the sunflower seeds intended for animal feed. In this case, however, the seller supplied sunflower seeds for oil production. Sunflower processing during oil production eliminates any negative effect the ambrosia may have, therefore EU directives do not set any maximum permissible ambrosia levels for sunflower seeds used in oil production.
The appeal instanсe agreed with the AGA Partners’ arguments and found that the buyer's refusal of the goods was unlawful, therefore the seller had every right to compensation for all the losses incurred. The arbitrators not only confirmed the award of the first instance but also additionally satisfied our claim for vessel demurrage compensation, arbitration and legal costs. Therefore, the appeal satisfied all the claims AGA Partners raised on behalf of the Client during the consideration of the case.
This bright victory became possible due to the painstaking work of partners Iryna Moroz and Ivan Kasynyuk, senior associate Dmitry Koval and associate Pavel Lebediev. The well-coordinated work of the team let AGA Partners not only to safeguard the success of the first instance but to surpass it with even more favorable award for the Client in the appellate instance.
AGA Partners successfully represented large agricultural holding in London arbitrations. The disputes arose under contracts for sale of commodities for a total value of more than USD2 million.
The respondent refused to supply to our client about 12,000 metric tons of Ukrainian corn due to unsettled disputes existing under other contracts concluded between the parties previously, claiming that he has a right of lien until all issues under previous contracts are settled.
After half-year of proceedings, the arbitral tribunals found that the respondent was not entitled to exercise lien and fully satisfied our client’s claims in both disputes awarding more than USD1,1 million of damages plus arbitration fees and expenses.
Partner Iryna Moroz commented on this situation:
“Indeed, under English law, in some cases seller may be entitled to withhold further delivery of goods under the contract if a buyer fails to pay for the goods already delivered under the same contract. However, a seller shall not exercise this right, if alleged debt arises under a separate contract.
The main issue of these disputes was to determine whether all the contracts between the companies were concluded within one single transaction. Our team has managed to prove that each contract between the companies is a separate independent agreement and is a subject to separate arbitration proceedings.”
The AGA Partners’ team was led by partners Iryna Moroz and Ivan Kasynyuk, senior associate Dmytro Koval, and associate Dmytro Izotov.
This year we are recognized in the following practices:
- The best company in the International Trade in Goods
Ivan Kasynyuk and Iryna Moroz are in the TOP-5 of the best lawyers of the practice.
- In the TOP-3 in Private clients practice
Aminat Suleymanova and Iryna Moroz are among the recommended lawyers of the practice.
- International arbitration
Ivan Kasynyuk and Iryna Moroz are among the recommended lawyers of the practice.
- Transportation by sea
Ivan Kasynyuk and Iryna Moroz are among the recommended lawyers of the practice.
Aminat Suleymanova is one of the women who influenced the development of legal business in Ukraine, and Iryna Moroz is one of the most successful women lawyers in the legal business.
These are the results of the study Ukrainian Women in Law 2021 from Yurydychna Gazeta.
AGA Partners successfully defended client's rights in the Supreme Court in the case of the Convention on the Civil Aspects of International Child Abduction of October 25, 1980.
A dispute arose between a citizen of the Republic of Poland and a citizen of Ukraine regarding their minor child. The daughter of the parties was illegally detained by her mother on the territory of Ukraine, despite the fact that the country of permanent residence of the child from the moment of her birth was the Republic of Poland.
Immediately after the fact of illegal change of the child's country of residence, our client applied to the Central Authority of the Republic of Poland for protection of his rights and legitimate interests with a request to facilitate the child's return from Ukraine to Poland.
Due to the fact that the child's mother refused to return the child to the country of her permanent residence, the father was forced to apply to a Ukrainian court with a claim of recognition illegal the child's detention in Ukraine and for returning her on her permanent residence.
Within the court proceeding, the AGA Partners team managed to prove that the child was born and resided in Poland before she was illegally detained in Ukraine by her mother, and that the mother illegally detained the child in Ukraine.
As a result of the court proceedings, the Supreme Court fully upheld our client's claims and ordered the mother to return the child to the country of residence - the Republic of Poland.
The client's interests were represented by AGA Partners at the appeal and cassation stage, which overturned the first-instance court's decision and protected the child's father's interests under the October 25, 1980 Convention on the Civil Aspects of International Child Abduction.
Partner Iryna Moroz commented on the case as follows:
"The decision of the court of cassation in this case will inevitably become a reference point and a source of legal conclusions for the proper and fair consideration of further cases in this category of disputes, contributing to the conscientious implementation of the 1980 Convention in Ukraine."
Congratulations to Aminat Suleymanova on being elected to the Board of Ukrainian Bar Association!
Read more about the meeting of the Legal Assembly and the election of the Association leadership for 2021 - 2023 years at: https://cutt.ly/WmzRKh1
Senior associate of AGA Partners, advocate Olena Sibirtseva acted among experts and speakers of the online course "Family Law" by Online Law School and covered the issue of division of spouses' property.
AGA Partners' team is recognized by the international rating Best Lawyers in 6 nominations:
- Agriculture and Rural Affairs: Aminat Suleymanova
- Arbitration and Mediation: Aminat Suleymanova, Ivan Kasynyuk, Iryna Moroz, Ievgen Boiarskyi, Iurii Gulevatyi
- Family Law: Aminat Suleymanova
- International Arbitration: Aminat Suleymanova, Ivan Kasynyuk, Íryna Moroz, Ievgen Boiarskyi, Iurii Gulevatyi, Oleksandr Gubin
- Litigation: Aminat Suleymanova, Ivan Kasynyuk
- Trade Law: Aminat Suleymanova, Ivan Kasynyuk, Iryna Moroz, Dmytro Koval
AGA Partners is recognized as a Law Firm of the Year in Arbitration Practice based on the results of the Legal Awards 2021!
We are grateful to "Yurydychna Praktyka" for the recognition!
Link to source
On May 27, AGA Partners partner Iryna Moroz will speak among the speakers of the "First Annual Arbitration Conference" organized by the Ukrainian Bar Association during the session "Court assistance in taking of evidence in support of arbitration".
“Dear friends, I am glad to invite you to the II Forum of Women's Leadership, organized by the Ukrainian Bar Association.
For the third year now, we are going to make our professional life better, more harmonious and more successful. On June 3, we will talk about real and imaginary limitations, about focus and ambiguity, about ambition and motivation.
The event is a great platform to see each other, hear and energize for the whole year. As for me, this is without a doubt my favorite professional event of the year. See you at the Women's Leadership Forum,” invites Aminat Suleymanova, managing partner of AGA Partners, member of the organizing committee of the event.
Join our meeting on June 3rd!
Program on the website
This year the AGA Partners team was marked in the TOP-5 of the best in the following nominations:
Law Firm of the Year in International Trade;
Law Firm of the Year in Arbitration Practice;
Family Law Firm of the Year;
Managing Partner Aminat Suleymanova - Best Partner of the Law Firm;
Partner Iryna Moroz - Arbitration Lawyer of the Year.
The Civil, Family and Inheritance Law Committee of the UBA announces a week of family law and invites you to participate in a special series of events with the participation of AGA Partners lawyers.
On May 19, senior lawyer of AGA Partners Alexander Gubin will speak on the topic "The Hague Convention of 1996. Real opportunities vs. Ukrainian realities of application".
On May 21, senior lawyer of AGA Partners Elena Sibirtseva will speak on the topic "Division of property of persons living in one family without marriage registration: strategy and tactics of protection".