AGA Partners Law Firm victoriously brought to an end yet another "grain" case process at the ICAC of the CCI of Ukraine.
According to the Managing partner, Aminat Suleymanova: "This victory in arbitration court was the final point in protracted case related to the maintenance of quotas on the grain market in October 2010 for Ukrainian exporters of agricultural products. Market participants remember well the non-transparency of the quota allocation procedures, as well as all the difficulties associated with obtaining an export license. The victory was well-deserved result of hard work of our lawyers’ team during the last two years, which have collected extensive evidentiary foundation proving the rectitude of our client."
Ivan Kasynyuk, Senior lawyer, representing clients in arbitration, provided the following comments: "The demands that have been brought against our client, one of the largest Ukrainian exporters were simple enough - the client, being a seller on the contract, refused to supply agricultural production in the amount of 16,000,000 USD. In the negotiation process, the buyer, a global agricultural company, trading all over the world, refused to accept the arguments of the client associated with the existing at that time, export restrictions and filed the claim to recover $ 12 million USD. The unusual circumstance regarding this case was the fact that several arbitration clauses were specified in the contract at the same time, as well as the incorporation of the rules in two different jurisdictions, Ukraine and England. According to the results of the long debates, the tribunal dismissed the claim against our client, finding that the seller had all the legal grounds for exemption from liability for failure to supply agricultural products."