AGA Partners successfully represented a Ukrainian state-owned agricultural company in three London appeal arbitration proceedings against a Swiss-based buyer under three sale contracts with a total value of more than USD 46 mln. 

All three cases primarily concerned the buyer’s failure to pay the price of duly supplied goods of contractual quality and quantity. In addition, the seller claimed damages for the buyer’s failure to take balance quantity of the goods as well as dispatch costs for conducting prompt loading operations. 

In its defence, the buyer claimed frustration of all three contracts. In other words, the buyer claimed that it was entitled to take delivery of the goods and to refrain from paying therefor due to an alleged frustration. 

Both in the first tier and in the appeal proceedings, arbitrators ruled in favour of AGA Partners’ client by satisfying its claim in full. The total amount of the awarded sums under three arbitration awards is more than USD 24 mln. 

The successful outcome was achieved as a result of a the professionally coordinated performance of a partner Iryna Moroz, a senior associate Ievgen Boiarskyi and an associate Vasyl Radetskyi.  

AGA Partners successfully represented a major Ukrainian state-owned agricultural company in a dispute against its financial advisor. The dispute arose out of a financial services agreement with regard to the restructuring of debt under a loan agreement with an international bank.  

The client claimed that the counterparty committed fraudulent misrepresentation and unjustly enriched itself. In the course of SCC arbitration, AGA Partners argued for the return of the USD 1.5 million advance payment and reimbursement of legal and arbitration costs and fees.  

In written submissions, the claimant presented clear evidence and indisputable arguments confirming the financial advisor’s fraudulent misrepresentation committed with regard to the financial services agreement and opposed the multimillion counterclaim. Besides, AGA Partners participated in the oral hearings examining financial advisor’s witnesses. 

The arbitration resulted in full satisfaction of the client’s claims. The financial advisor was ordered to return the advance payment to the strategic Ukrainian state-owned company and cover arbitration costs, legal fees and interest thereon. 

The success was achieved through the professional coordination of AGA partner Iryna Moroz, counsel Pavlo Lebediev, and associates Anastasia Shevchuk and Vasyl Radetskyi. 

AGA Partners successfully represented a UAE-based trading company (Sellers) in London arbitration against an Egyptian company specializing in the distribution of agricultural commodities (Buyers) related to a claim for recovery of debt in the sum of USD 600,000.00.

The dispute arose from a contract for the delivery of 6,000 MT of Ukrainian corn under CIFFO terms to Egypt. Due to the Buyers' inability to make timely payment, the contract quantity of the goods was reduced to 3,000 MT, and partial payment was made. Despite repeated acknowledgments of the outstanding debt, the Buyers failed to settle the remaining balance, leading the Sellers to initiate arbitration proceedings.

In response to the Sellers’ claim, the Buyers submitted the documents indicating the full prepayment for the goods. The Sellers responded that the invoices did not reflect any actual prepayment. To strengthen their position, the Sellers submitted a disclosure request, seeking evidence of the alleged payment from the Buyers. However, the Buyers failed to produce any relevant documents.

As a result, the Tribunal concluded that the Buyers had failed to prove any prepayment for the goods and sided with the Sellers, fully upholding their claim. The Tribunal ordered the Buyers to pay the outstanding balance for the delivered goods, affirming the Sellers’ right to recover the full amount sought in the arbitration.

The AGA Partners’ team was represented by partner Ivan Kasynyuk, counsel Pavlo Lebediev, and associate Andrii Tantsiura.

AGA Partners successfully represented the Australian trading company during the enforcement proceedings of arbitral award in Switzerland against the Swiss company for the sum of USD 250,000.00. 

The case concerned the enforcement of the award rendered by the arbitral tribunal seated in London. Together with local counselors, AGA Partners successfully enforced the award of tribunal against the debtor.  

The Client obtained full reimbursement of the damages awarded by the arbitral tribunal for the sum of USD 250,000.00 as well as recovery of the legal-assistance costs suffered by the Client. 

The AGA Partners’ team was represented by partner Iryna Moroz as well as senior associate Yurii Bedenko. 

AGA Partners are glad to share that we successfully represented a major Turkish agricultural holding in London arbitration against the UAE leading grain, wheat, and sunflower oil suppliers.  

The essence of the dispute and contractual terms of Buyers’ remedies 

The dispute arose from a CIF contract for the delivery of Ukrainian milling wheat. Upon arrival at the port of discharge, the goods were found to be non-compliant with the contract’s quality specifications, specifically in terms of protein content, moisture level, and test weight under the agreed ‘min-max’ indicators. Notably, the protein content fell short of the contractual requirement by 0.02% and was specified in the contract description. 

To protect the buyer's interests, the contract included security provisions allowing our Сlient to pay 95% of the value of the goods upon presentation of all contractual shipping documents and to withhold 5% of the payment if the delivered goods failed to meet the required specifications after the respective quality checking. 

Failing to reach an amicable solution, our Client justifiably refused to pay for the 5% value of the delivered goods due to their non-contractual quality and above referred contractual provision. Meanwhile, the sellers commenced arbitration and pursued a demand for a 5% payment and reimbursement of damages for the claimed demurrage. 

Arbitral award in favour of the Сlient 

Bringing this case to arbitration, the sellers argued that the discrepancies in quality specifications were within acceptable commercial trade norms and that the goods were still contractual. They also sought compensation for demurrage, alleging that the buyers were unable to discharge the Vessel within the laytime prescribed in the Contract due to delays on the buyers’ part. 

However, the arbitrators upheld the Clients’ claim because the sellers breached the condition to deliver the goods of contractual quality, which entitled the buyers to withhold the payment for the 5% value of the goods with reference to the respective contractual provision. The Тribunal also pointed out that when purchasing goods afloat, it is reasonable to assume that buyers would like to ensure the proper quality of the goods and may provide for the terms of the payment of a certain part of the goods only if their contractual quality is confirmed. 

Additionally, the arbitrators found that whereas the protein was specified in the contract description, any breach of it, even if it did not reach 0.02% by the contractual indicator, was not slight but instead a serious breach of the contract. On this ground, the tribunal awarded the Client damages of around USD 230,000.00, together with the compounded interest and compensation of arbitration costs.  

Furthermore, through meticulous analysis and presentation of evidence, we successfully proved that the buyers discharged the goods within the agreed laytime. The only reason for the delay in discharging was the late tender of shipping documents by the sellers, and the buyers should not take responsibility for the sellers’ breach. 

The AGA Partners’ team was represented by partner Ivan Kasynyuk together with the associates Anastasiia Shevchuk and Maksym Fesenko. 

AGA Partners successfully represented a Turkish trading company (Buyer and/or Client) before a London arbitration in a multimillion dispute against a German company (Seller), which arose out of sale contract. 

The dispute concerned the Seller’s refusal to supply 45,000 MT of Argentinean goods into Middle East, inflicting thereby significant damages on the Buyers. The Buyer referred the matter to London arbitration. 

In its defense, the Seller argued that there was no binding contract between the parties because they had not exchanged the signed copies. With reference to applicable English law, the Buyer argued that both parties duly consented to enter into the contract and that, in any event, an exchange of signed copies was not required for the contract to be valid and binding.  

The proceedings lasted for more than two years. After careful consideration of voluminous case materials, the Tribunal sustained the Client’s claim and found that there was a valid and binding contract between the parties. The Tribunal also found that the Seller’s refusal to perform constituted a repudiatory breach of the contract, which entitled the Buyer to terminate it and claim damages. 

The AGA Partners’ team was represented by partners Ivan Kasynyuk and Iryna Moroz as well as by senior associates Ievgen Boiarskyi and Yurii Bedenko. 

The seminar brought together participants from various sectors — business, media, state, and NGOs — to discuss important issues related to changes in modern understanding families:
The importance of demarcation understanding "family", "family" and "marriage" for legal and social aspects.
Modern challenges and new forms of partnerships that require a review of family policy.
This program is implemented on the initiatives of the Office of the President of Ukraine, the Ministry of Social Policy of Ukraine, the Coordination Center for the Development of Family Education and supported by the EU and UNICEF in Ukraine.

Advisor Pavlo Lebediev acted as a speaker within the session "Prospects of the exit of Ukrainian flour, croup, pasta and bread products to the markets of the Western Balkans".
Thanks to the organizers of the event "Boroshnomela Union of Ukraine / Millers of Ukraine", Trend & Hedge Club and Agro Marketing Agency.
We continue to work together to strengthen the agro-business of Ukraine!

AGA Partners achieved the release of the Clent’s goods – more than 3,000 mt of barley – from the vessel M/V USKO MFU, which was arrested in the Reni port, Ukraine. The vessel was arrested at the request of the Office of the Prosecutor of Crimea and Sevastopol City due to the alleged voyages to the Russia-annexed Crimea.

The Client – a Greek trading company – was not aware of the possible prior voyages of the affreighted vessel to ports of the annexed Crimea, relying on the shipowners’ representation that there were no grounds for the vessel’s arrest or detention and that their business activities comply with the legislation combating the terrorism financing. 

Therefore, after the vessel was arrested, the Client became a hostage of this situation, risking to incur damages because of the deterioration of the grain in the vessel’s holds. However, thanks to the successful actions of AGA Partners, including applications to the court and law enforcement authorities, as well as negotiations with the sellers of the goods, shipowners, port harbour master, border guard service and other authorities, the goods were transhipped onto another vessel and delivered to the Client’s buyer under the relevant sale contract. Due to that, damages were avoided. 

The AGA Partners’ team was represented by Partner Ivan Kasynyuk, Senior Associate Yurii Bedenko and Associate Viktor Pasichnyk. 

AGA Partners successfully represented a Ukrainian trading company in London arbitration related to the claim for recovery of the damages for the sum of USD 200,000.00.

During the performance of the sale contract, a buyer refused to perform the contract due to a rapid change in the market price of the goods. The buyer unilaterally canceled the contract, refusing further cooperation with the Client (acting as the seller). The Client filed a claim to the arbitral tribunal in London to reimburse the damages suffered. The damages comprised the difference in the market price of the goods.

The crux of the dispute related to the illegal refusal of the buyer to perform the contract and its illegal cancellation of the contract. The buyer argued that the contract was not concluded because it was not signed, and it lacked some additional formalities for the contract to be concluded as per English law. To the contrary, the Client argued that the Parties concluded a binding contract, arguing that signature and other formalities were not necessary for the contract to be valid.

After careful consideration of the case, the tribunal satisfied the Client’s claim, finding that the parties concluded a binding contract, which the buyer unlawfully terminated based on far-fetched grounds, that is, a change in the market price of the goods. What is more, the arbitral award was successfully enforced against the buyer.

The AGA Partners’ team was represented by partners Ivan Kasynyuk as well as senior associate Yurii Bedenko.

On September 11 and 12 in Bucharest Partners Iryna Moroz and Ivan Kasynyuk together with associate Anastasiia Shevchuk conducted a training course “Commodity Shipping” organized by Gafta: The Grain and Feed Trade Association 

The following topics were discussed:
✔️Sales contract and charter parties
✔️Bills of lading
✔️Time charters
✔️Loading
✔️Demurrage
✔️Lay time

We would like extend our thanks to Jaine Chisholm Caunt OBE, CEO of Gafta: The Grain and Feed Trade Association, for providing us with the opportunity to deliver such an informative and comprehensive course, and to the participants for their active engagement in the discussion.