Rus / Ukr / Eng
#1 in international trade – Legal Award 2018
"Market-leading expertise in international commodities arbitration" – Chambers and Partners
"Leading firm for international trade and commodities disputes" – Legal 500
USD 26,5 bln – advising on the biggest ever commodity supply deal involving Ukraine
USD 1 bln won for our clients
90% case success rate in 13 years of practice
A.G.A. TEAM
Biography
Notable Representations  
Ivan
Kasynyuk
Partner, Attorney-at-law
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Ivan Kasynyuk, Partner, Attorney-at-law

Education

Candidate for Legal Sciences degree of the International Law Department of Yaroslav Mudryi National Law University

GAFTA Continuing Professional Development Programme: Shipping of goods (Odessa, Ukraine), 2012; Execution and Performance of Contractual Obligations (Kyiv, Ukraine), 2011; Dispute Resolution (Kyiv, Ukraine), 2011

National Law University named after Yaroslav Mudryi, 2005, Diploma magna cum laude

Eberhard Karl University (Tuebingen, Germany), training courses 2001, 2002

Professional experience

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

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), London Maritime Arbitrators Association (LMAA), Arbitration Institute of the Stockholm Chamber of Commerce, and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).

Ivan Kasynyuk started his professional career in 2005 at the Ministry of Foreign Affairs of Ukraine. Subsequently, he held the position of the judge assistant in one of the district courts of Kiev, having acquired skills and experience in judicial proceedings. Before joining AGA Partners, he worked as a senior lawyer at Obolon brewery, one of the major Ukrainian corporations, where he gained vast experience in the corporate law area.

Ivan Kasynyuk is a speaker of GAFTA Continuing Professional Development Programmes and a member of GAFTA Regional Trade Committee.

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 in professional associations

International Bar Association (IBA)

Ukrainian Bar Association (UBA) - Head of the Committee on Agricultural law

Ukrainian Arbitration Association (UAA)

Kiev City Bar Association

Ukrainian National Bar Association (UNBA)

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.

AVELLUM and A.G.A. Partners Announce Combination

AVELLUM and A.G.A. Partners announced that two law firms have agreed to combine effective 9 July 2018. This strategic combination brings together renowned transactional practice of AVELLUM and experienced dispute resolution practice of A.G.A. Partners.