The dispute emerged under CIF sale contract and was mainly concerned with the buyer’s claim for damages, comprising an allowance for an extension of a delivery period under a further sale contract in string. In particular, the buyer claimed that such damages were recoverable, given that they were allegedly incurred as a consequence of the seller’s non-delivery of the goods under the contract with the buyer. 

The seller denied the buyer’s claim, asserting that damages sought were too remote and not recoverable, given that by the date of conclusion of the contract with the buyer the seller had not been aware of terms of the buyer’s further sale contract. 

Upon a thorough analysis of the parties’ written submissions the Tribunal rendered the award in favour of the seller. The Tribunal confirmed that being unaware of terms of the buyer’s further sale contract the sellers could not reasonably contemplate emergence of damages sought. in case the goods were not shipped. In these circumstances, based on applicable English law the buyer’s claim was dismissed in full. 

The AGA Partners’ team was represented by partner Iryna Moroz, as well as a senior associate Ievgen Boiarskyi and an associate Daria Ivanova.