Ilyashev & Partners defends Global Agricultural Trader in a grain supply dispute
Ilyashev & Partners successfully represented one of the world’s largest agricultural traders as the claimant in a grain supply dispute with an agricultural producer, resulting in a final settlement and reimbursement for the claimant.
The agricultural producer refused to deliver grain at the delivery cost specified in the supply agreement, since the price of the goods had increased significantly several months before the delivery date specified in the agreement.
There are many similar situations, especially when concluding forward contracts, therefore agricultural traders are more exposed to risk and need to protect their rights from unfair practices of their counterparties. In order to protect the client’s interests, Ilyashev & Partners filed a lawsuit.
Dispute resolution was complicated by the defendant submitting a copy of the supply agreement which contained terms and conditions that differed from those agreed upon at the time it was signed.
The team initiated forensic examination of both copies of the supply agreement, obtained its opinion, and also collected and presented evidence to the court which, in its entirety, testified that the copy of the supply agreement provided to the court by the claimant was authentic.
The first instance and appellate commercial courts ordered the defendant to deliver the grain in accordance with the terms of the authentic copy of the agreement provided by the agricultural trader.
With the assistance of the firm, the parties were able to reach an amicable settlement. By withdrawing the cassation appeal and further claims, the agricultural trader received additional monetary compensation from the defendant.
The case was handled by Vyacheslav Sytyi, counsel, and Valeriia Gudiy, partner.
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