Sayenko Kharenko successfully represented the respondent, a Dutch company, in a dispute against Ukrainian gain trader over the grain sale contract, which was considered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI). The amount of damages claimed by the claimant was more than half a million US dollars.
Despite the fact that Sayenko Kharenko’s lawyers stepped in the arbitral proceedings at a later stage, they provided additional objections and persuaded the arbitral tribunal that the claim should be rejected as unproven. Having considered the two cases, the arbitral tribunal agreed with the arguments of the respondent that the parties in their contracts derogated from the provisions of the Vienna Convention on Contracts for the International Sale of Goods regarding the standard of proof of damages and dismissed the claimant’s claims for damages.
Sayenko Kharenko’s team included counsel Olena Perepelynska and associate Tetyana Makukha.