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.