Arbitration Cross-Border Litigation International Shipping International Trade Gafta and FOSFA Arbitration Sanctions & Compliance WTO, Trade Remedies & Market Access

Gafta and FOSFA Arbitration

Fortior Law represents commodity traders, grain houses, agricultural suppliers, edible oils businesses and financial institutions in GAFTA and FOSFA arbitration proceedings. Our team has extensive experience in disputes arising under GAFTA and FOSFA standard form contracts, including matters under GAFTA Arbitration Rules No. 125 and 126 and the FOSFA Arbitration Rules, with deep familiarity with the relevant pro formas, trade customs and commercial realities of international commodities markets.

We advise on contentious issues arising between traders and their counterparties, shipowners, terminals, freight forwarders, surveyors, warehouses and port authorities. Our lawyers regularly act in disputes concerning quality, rejection, late shipment, quantity discrepancies, documentary compliance, storage issues, freight exposure, sanctions-related disruption and failures across Black Sea and international grain trade routes.

Our GAFTA and FOSFA practice is closely integrated with Fortior’s broader shipping, logistics and international trade disputes platform, allowing us to coordinate commodities arbitration with vessel arrests, cargo claims, demurrage disputes, inland transport failures and cross-border enforcement strategy.

Dmitry Zagorodnyuk

Head of practice

Yelyzaveta Holovan

Yana Zdioruk

Youjin Jo

Dmitry Zagorodnyuk

Partner

Yelyzaveta Holovan

Associate

Yana Zdioruk

Associate

Youjin Jo

Senior Associate

Team members

Dmitry Zagorodnyuk

Yelyzaveta Holovan

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

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

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

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

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

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

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

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

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

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

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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