GAFTA/FOSFA ARBITRATION

Since the very early days of ETERNA LAW, arbitration has been central to our professional interests.

ETERNA LAW was the first law firm in the CEE region that began representing clients in arbitration proceedings at GAFTA, London (Grain and Feed Trade Association) and FOSFA, London (Federation of Fats and Oilseeds Associations). Both are related to the areas of export activity that are crucial for Ukraine and the CEE region as a whole, namely exports of grains and vegetable oil.

Over time, representing clients in these arbitration forums remained part of our core activities within the general ambit of the firm’s arbitration practice.

Our team has developed important skills in quality and condition disputes, default cases, shipping related disputes, demurrage and dispatch disputes, matters related to prohibition of exports and all types of measures equivalent to prohibition etc.

In GAFTA and FOSFA Arbitrations and related soft commodities disputes, we regularly represent trading and producing companies, vessel owners, transshipment facility owners, surveyors and insurers.

We understand that obtaining security for a future award is crucial in a commercial setting where trading companies are often purely trading vehicles with no assets belonging to them, so we have developed techniques of obtaining various freezing orders and attachments in relevant jurisdictions in order to ensure the successful enforcement of the award when rendered. Having thorough experience in all major jurisdictions involved, we know how to use the instruments, which are offered by each of them to the utmost benefit of our clients.

In the commodities arbitration environment, we have experience in matters of cross- border insolvency proceedings on both sides of the fence.

Our unique commercial and pragmatic approach combined with a broad understanding of law and experience with GAFTA and FOSFA makes ETERNA LAW a steadfast legal partner in the commodities world.

KEY CONTACTS

Managing Partner, Head of Dispute Resolution Practice

Partner, Head of International Arbitration
Practice