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Gafta and FOSFA Arbitration

Our team has extensive experience in dispute resolution under GAFTA and FOSFA contracts, and cases led by our team are regularly mentioned by The Legal500 and other legal rankings. We take specialised training (including Gafta Distance Learning Programme), have deep understanding of the main pro formas and commercial reality behind contracts.

We advise on contentious issues which arise between traders and their counterparties, owners, terminals, freightforwarders, surveyors and port authorities. We also represent clients in GAFTA arbitrations, in particular, under Rules No 125 and 126, and also under the FOSFA Arbitration Rules.

Danil Hristich Head of practice
Dmitry Zagorodnyuk
Yelyzaveta Holovan
Yana Zdioruk
Youjin Jo
Danil Hristich
Partner
Team members
Danil Hristich Dmitry Zagorodnyuk Yelyzaveta Holovan Yana Zdioruk Youjin Jo
Services
Advising on contractual terms
Late payment of contractual price
Late delivery or non-delivery of goods
Condition, quality, and quantity of goods
Late vessel nomination and presentation
Extension of delivery period
Demurrage, despatch and vessel detention
Container detention and demurrage
Appropriation
Force-majeure (prevention of delivery)
Sanctions
Default
Preparation of notices of arbitration
Appointment of arbitrators and establishment of the tribunal
Anti-suit injunctions preventing a counterparty from pursuing court proceedings
Freezing injunctions (worldwide freezing order) in support of GAFTA and FOSFA arbitration
Preparation of claim submissions, replies, rejoinder submissions, expert and witness evidence, management of the process
Participation in arbitral hearings
Appeals and challenges to awards
Enforcement of arbitral awards
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Publications
12.03.2024 The Polish-Ukrainian border and force majeure: what grain exporters need to know

The Polish-Ukrainian border and force majeure: what grain exporters need to know

Since autumn 2023, active protests of Polish farmers and hauliers have started at the border between Poland and Ukraine against temporary measures to liberalise trade and freight transport between the EU and Ukraine. Protesters periodically block truck traffic at checkpoints on the Polish-Ukrainian border. Force majeure and the doctrine of frustration may be potential defences for the seller. In this article, we look at the specifics of the legal instruments that need to be considered by sellers whose cargoes cross the Ukrainian-Polish border. Learn more
27.01.2023 FOSFA Arbitration

FOSFA Arbitration

In the article we will explain the process and costs of FOSFA arbitration and how to improve your chances of success in this arbitration. Learn more
21.06.2022 Is it possible to recover legal costs in Gafta arbitrations?

Is it possible to recover legal costs in Gafta arbitrations?

A party should consider the recoverability of legal costs before commencing litigation or arbitration proceedings. While most arbitration institutions recognise that legal costs are generally recoverable from the losing party, this cannot be said about Gafta, where such costs are generally unrecoverable. However, this is not an absolute rule. Learn more
25.04.2022 What should a FOB seller do when goods were unloaded without payment? (Part 2)

What should a FOB seller do when goods were unloaded without payment? (Part 2)

Here is the second part of the detective story "What should a FOB seller do when goods were unloaded without payment?", where we explain that a breach of contract may potentially serve the interests of a claimant in certain situations. Learn more
11.03.2022 Does the war in Ukraine constitute force majeure according to Gafta and FOSFA?

Does the war in Ukraine constitute force majeure according to Gafta and FOSFA?

On 24 February 2022, Russia attacked Ukraine. In this article, we analyse whether the war constitutes a force majeure event as per Gafta and FOSFA contracts. Learn more
09.03.2022 March 2022 amendments to Gafta Arbitration Rules

March 2022 amendments to Gafta Arbitration Rules

Gafta has recently amended its arbitration rules (Gafta 125 and 126), which are applicable to contracts entered into on or after 1 March 2022. Learn more
11.01.2022 2022 changes to GAFTA Rules and Standard Contracts

2022 changes to GAFTA Rules and Standard Contracts

GAFTA has updated its GAFTA Weighing Rules No. 123, Arbitration Rules 125 and standard contract pro formas. All changes came into force on 1 January 2022. In this update we explain what the changes are about. Learn more
09.11.2021 What should a FOB seller do when goods are unloaded without payment?

What should a FOB seller do when goods are unloaded without payment?

The classic situation: a seller has delivered goods and a buyer does not pay. The cargo is unloaded without the seller's knowledge and without presentation of the original bills of lading. Learn more
14.09.2021 LMAA Arbitration

LMAA Arbitration

In this article, we look at the process and costs of arbitration under the LMAA terms and how to effectively enforce an arbitral award. Learn more
17.08.2021 GAFTA Arbitration

GAFTA Arbitration

In this article we will explain how Gafta arbitration works and how much it costs, and how to improve your chances of not only winning, but also recovering money from your debtor. Learn more
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