A.G.A. TEAM
Biography
Notable Representations  
Ivan
Kasynyuk
partner, attorney-at-law
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Education and bar admission

  • Master of Laws (with honors), 2005. Yaroslav Mudryi National Law University (Kharkiv, Ukraine)
  • Queen Mary University of London, Great Britain. Comparative International Commercial Arbitration, 2017-2019
  • Chartered Institute of Arbitrators: Practice and Procedure of International Arbitration Assessment (Kyiv, May-July 2019)
  • Admitted to the Bar since 2012
  • Eberhard Karl University (Tuebingen, Germany), training courses 2001, 2002

Awards and Recognition

  • Best arbitration lawyer in Ukraine - Legal Awards 2020, Yuridicheskaya Praktika
  • Lawyer of the Year for Trade Law - Best Lawyers 2021
  • Recommended lawyer in Ukraine for Dispute Resolution - Chambers Europe and Chambers Global 2018-2020
  • Leading lawyer in Ukraine for Dispute Resolution - The Legal500 2015 – 2019
  • Leading lawyer in Ukraine for Arbitration and Mediation - Best Lawyers 2018 — 2020
  • Included in the top-100 Best Lawyers of Ukraine - "Client Choice 2020" by Yurydychna Gazeta
  • The best team in Ukraine for Agribusiness - Legal Awards 2019, Yuridicheskaya Praktika
  • The best lawyer in Ukraine for International trade - Ukrainian Law Firms 2020, Yuridicheskaya Praktika
  • The best team in Ukraine for International Trade - Legal Awards 2018, Yuridicheskaya Praktika
  • Leading lawyer in Ukraine for Agrarian and Land Law (2017), International Law/International Trade (2019), and International Arbitration (2020) - “Client’s Choice. TOP-100 Best lawyers in Ukraine”, Yurydychna Gazeta
  • Leading lawyer in Ukraine for Maritime law, Agribusiness and International Arbitration - Ukrainian Law Firms (2016 – 2020), Yuridicheskaya Praktika
  • Leading lawyer in Ukraine for Arbitration and Mediation, Best Lawyers 2022
  • Leading lawyer in Ukraine for International Arbitration, Best Lawyers 2022
  • Leading lawyer in Ukraine for Litigation, Best Lawyers 2022
  • Leading lawyer in Ukraine for Trade Law, Best Lawyers 2022

Profile

Ivan specializes in consulting in the area of international trade and representing clients’ interests in international commercial arbitrations of GAFTA, FOSFA and LMAA.

His extensive practice in the field of English and international law allows him to represent clients’ interests in the London Court of International Arbitration (LCIA), the International Arbitration Court at the ICC, Arbitration Institute of the Stockholm Chamber of Commerce, and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).

Ivan, as a member of the working group, took part in the drafting the new unique GAFTA standard proforma trade contract No.78UA for Ukraine, which entered into force on 1st September 2019 and aimed at facilitating trade in the Black Sea region. It is the first GAFTA contract ever made for Ukraine. Ivan is also a founding member of GAFTA Black Sea Region Trade Committee.

Mr. Kasynyuk is the first Central and Eastern European lawyer, along with other partners, to speak at GAFTA training and educational courses dealing with international trade issues. Moreover, Ivan has delivered more than 30 training sessions to the biggest global and national companies on the issues of international trade and alternative dispute resolution.

Mr. Kasynyuk is included in the list of Arbitrators of the Ukrainian Arbitration Association (UAA). Moreover, Ivan is a member of the UAA working group on Improving Ukrainian Arbitration Legislation.

Also, he is a member of the working group on the development of the grain market at the Ministry of Agrarian Policy of Ukraine, as well as a member of the Board of the Committee on Agricultural Law at the Ukrainian Bar Association.

Membership at Professional associations

  • Member of the Chartered Institute of Arbitrators
  • Member of the International Bar Association
  • Arbitrator of the Ukrainian Arbitration Association
  • Arbitration Practitioner of the Vienna International Arbitral Centre (VIAC)
  • Member of the Board of the Committee on Agricultural law of the Ukrainian Bar Association
  • Member of Young International Arbitration Group (YIAG) of London Court of International Arbitration.
  • Member of the Kiev City Bar Association
  • Member of the Ukrainian National Bar Association
  • Founding member of GAFTA Black Sea Region Trade Committee

Languages

Fluent Ukrainian, Russian, and English

  • Representing client's interests in the first and appellate instance of GAFTA arbitration. The case concerned the non-delivery of goods due to restrictions on export of agricultural products from Ukraine in 2010. The total amount of the claim was USD 26.5 million.
  • Representing client's interests in the High Court of London in the case of PC Rise vs Nibulon S.A. [2015] EWHC 684 (Comm) that arose due to restrictions on export of agricultural products from Ukraine in 2010.
  • Representing interests of Ukrainian agricultural holding in FOSFA arbitration totaling USD 10 million against Russian importer. The case arose due to the buyer’s repudiation of the contract in connection with the Russian import restrictions on the supply of Ukrainian soybeans.
  • Representing client’s interests in the first and appellate instance of GAFTA arbitration. The demand concerned invalidating an additional agreement to the contract in connection with the "economic duress" of the seller.
  • Representing interests of European agricultural holding in a dispute against the largest Egyptian importer. The dispute was considered in GAFTA arbitration, issuing award in favor of the client in the amount of USD 350,000. Even before the commencement of the proceedings in arbitration, our lawyers succeeded in lifting the arrest from the client’s goods for resale.
  • Representing client’s interests in a dispute with owner of the vessel arrested in Odessa port due to the violation of the sanctions regime by preliminary vessel call at one of the ports of Crimea. Onboard goods were successfully exempted and reloaded to alternative vessel.
  • Representing client’s interests in a dispute arising from failure to pay for shipped goods, as well as arrest of the vessel in Greece port facility. Preparation and coordination of the provisions of the amicable agreement.
  • Representing client’s interests in International commercial arbitration at the Chamber of Commerce and Industry of Ukraine in the case arising from USD 10 million claim of international agricultural holding. Client was discharged from liability for non-delivery of the goods in relation to the restriction on export of agricultural products in 2010.
  • Representing client’s interests in International commercial arbitration at the Chamber of Commerce and Industry concerning demand for termination of the contract on delivery agricultural goods worth UDS 1.5 million due to force majeure.
  • Representing client’s interests in International commercial arbitration at the Chamber of Commerce and Industry as well as full satisfaction of claim totaling USD 150,000 that should have been repaid by German buyer. Recognition and enforcement of arbitrament in Germany.
  • Consultations and preparation of unified contacts form under GAFTA’s requirements for executing fumigation services during shipping of agricultural goods.
  • Advising on the amicable agreement with one of the largest agricultural equipment supplier. The case concerned the inability of the payment for delivered goods due to force majeure.
  • Consulting English trading company on the conclusion and implementation of GAFTA contracts on supply of agricultural goods from Ukraine to the buyers from the UAE.
  • Advising international companies trading in commodities on the subject of organizing joint-cooperation related to export of agricultural goods from Ukraine. Development of the required contracts considering specific features of commercial activities.
  • Representing an international trader in GAFTA arbitration totaling USD 500,000. The case concerned our client’s non-delivery of goods, which was caused by the buyer’s material breach of the contract, namely the unintended repudiation.
  • Representing client’s interests in GAFTA arbitration in a dispute totaling USD 150,000 with Italian importer of agricultural products. The defendant refused to pay the full amount of the claim in connection with the improper quality of goods. The full amount claimed by the client was fully satisfied.
  • Representing client’s interests in GAFTA arbitration due to the Turkish buyer’s refusal to accept and pay for the goods. The client was awarded USD 130,000 of damages as the difference between the contract price and the market price of the contracted products.
  • Representing an international trader’s interests in GAFTA arbitration concerning the dispute that arose from the partial payment for the delivered goods, grounded on improper quality of the delivered products.
  • Representing client’s interests in GAFTA arbitration concerning recovering damages from Iranian importer due to unlawful refusal to accept goods. Damages amounting USD 150,000 were awarded and charged in client’s favor.
  • Coordination and preparation of amicable agreement between Ukrainian agricultural holding and international trader due to client’s refusal to supply goods.
  • Supporting British trading company concerning establishing agricultural company in Ukraine.  Elaboration of corporate structure, necessary contracts. Conducting of negotiations of behalf of the client.
  • Representing interests of Ukrainian exporter in GAFTA arbitration at the suit of transnational agricultural holding, with demand to recover UDS 2 million of damages brought up by refusal to deliver the goods. The award was in the client’s favor, and satisfaction of lawsuit was rejected due to the breach of contract by the claimant.
  • Representing clients in the Arbitration Court of Chelyabinsk Region followed by a revision in appeal and cassation instances totaling USD 1.5 million. The court dismissed the claims against the client (buyer) due to substantial breach of delivery contract by the seller.
  • Advising Israeli insurance company on the territory of Ukraine on the subject of damages recovery. Successful representation of client’s interests in the commercial court of Kiev, as well as negotiations with contractors for amicable settlement of the dispute.