The dispute arose out of a CPT-based contract under which the Seller affirmed that the Buyer, Client, failed to pay for a part of the allegedly delivered goods. As a result, the Seller demanded compensation for damages.
At the initial stages of the dispute, the AGA Partners team noticed that the Seller was late in initiating arbitration. According to the arbitration rules, a notice of arbitration in respect of a dispute arising out of a CPT-based contract must be sent not later than one year after the last day of the contractual delivery, collection or arrival period, as the case may be.
As a result of the corresponding motion prepared by the AGA Partners team, the Tribunal limited the submissions on the merits of the parties to the issue of time bar.
In order to prove the Seller's argument regarding the justification for failing to meet the prescribed timelines, the Seller tried to apply the provisions of the arbitration rules, according to which an arbitration initiated outside the time limits can be considered by the Tribunal in their discretion if two conditions are met: (a) the circumstances were outside the reasonable contemplation of the parties when they entered into the contract and it would be just to extend the time, or (b) when the conduct of one party makes it unjust to hold the other party to the strict terms of the time limit in question.
As a result of the AGA Partners’ team's professional representation of the Client's interests, applying provisions of English law and the precedents of the English courts, the Tribunal found that the Sellers had breached the time bar and dismissed the claim in its entirety on this basis.
The AGA Partners’ team was represented by partner Ivan Kasynyuk, senior associate Dmytro Izotov, as well as associates Dariia Zyma and Maksym Fesenko.