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18 May 2017, 14:35

Interlegal defended successfully the exporter’s interests at the ICAC at the UCCI

Interlegal

The Client, exporting company, concluded the foreign economic contract with foreign counteragent on supplying over 3000 MT of agricultural products, CPT/port of Ukraine.

In the process of contract performance, the buyer accepted and paid for the goods partially. Only 2000 MT from the agreed volume were accepted and loaded on board of the vessel in favour of third persons and exported from Ukraine, while part of the goods accepted and exported outside the customs territory of Ukraine still remained unpaid by the buyer.

The seller required the buyer for several times to require the debt without delay and in full. The buyer ignored all the attempts to settle amicably the dispute and refused to fulfill its contractual obligations, having motivated its decision by incurred losses. The current situation resulted in risks of non-refunding the currency earnings.

The seller applied to Interlegal for assistance and defense of its interests.

Interlegal experts analyzed actual case circumstances, lawfulness and feasibility of the buyer’s counterclaims, evaluated the terms, drafted the tactical plan of actions, collected the required set of documents and initiated arbitration proceedings at the ICAC at the UCCI.

The buyers submitted their objections and participated actively in the arbitration proceedings. According to its position in the statement of defense, the buyer stated that the seller violated its obligations in the process of contract performance – allegedly in respect of: applying the contractual prepayment terms; supply of the unarranged goods quality; failure to provide the shipment schedule; failure to form the shipload batch; shortage of the full batch. The buyer believes that such circumstances depended on the seller and the supposed violation resulted in losses sustained by the buyer.

Interlegal lawyers drafted several explanations and counterarguments in favour of the seller’s positions, jointly with the appropriate evidence denying the buyer’s objections.

ICAC at the UCCI made an award in favour of the Client: the claim was satisfied in full.

Interlegal senior lawyer Karyna Gorovaya and lawyer Olena Ptashenchuk led the case.

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