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Eterna Law

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Almaty, Kiev, Moscow

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AstapovLawyers Protects Interests of a Large Ukrainian Vodka Producer

July 2014

AstapovLawyers ILG has successfully represented one of the largest Ukrainian vodka producers before the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation (the "ICAC").

The dispute arose out of the buyer's failure to effect payment for the goods supplied under a long-term DAF sale contract. The total debt of the buyer due to AstapovLawyers' client was in excess of USD 6 mln. The claim was challenged by the buyer on the basis of the alleged off-set of mutual monetary counterclaims said to have been made after the arbitration proceedings had been commenced.

ICAC rejected the buyer's arguments and ordered the buyers to pay the entire purchase price for the shipped goods along with the contractual penalties. In reaching its award ICAC followed the established court practice by accepting that an off-set of mutual claims during the proceedings may only be admitted by way of counterclaim.

The matter was handled by Eugene Blinov, Partner and Head of International Arbitration Department of AstapovLawyers ILG and Marina Agaltsova, Associate.

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