Interlegal lawyers succeeded in defense of the Client’s rights in FOSFA arbitration and facilitated claim dismissal in the amount exceeding 1 million

Interlegal law team succeeded in defense of the Client’s rights in FOSFA arbitration under the dispute regarding limitation period under two lint sale & purchase contracts.

The company – agricultural trader – applied to Interlegal. The Client and its counteragent entered into two commercial contracts on lint supply on CIFFO terms, both governed by the English Law. One of contractual terms provided for delivery term prolongation due to force majeure.

When force majeure occurred, the Client was unable to perform both contracts in full and duly notified its counteragent thereon. It should be noted that the Client did not refer to force majeure but explained impossibility of further contract performance. Since there was no reply, the Client believed that its counteragent supported termination of non-performed contracts.

But later the counteragent initiated FOSFA arbitration proceedings and claimed for damage recovery due to non-performance of contracts by the Clients.

Interlegal lawyers precisely justified the Client’s legal positions and provided to the arbitration court all necessary facts and evidence in favor of the Client. Finally, arbitration court supported our arguments and made award in favor of our Client, having dismissed the claim in the amount of 1,020,000 EUR.

Interlegal English law team led the case: lawyer Ganna Domuschi,  junior lawyer Kyrylo Sudnyk and associate attorney Igor Kostov.