AVERUM Legal successfully defended the interests of ADAMA Ukraine in a commercial dispute with elements of force majeure

AVERUM Legal’s Dispute Resolution team has successfully defended the interests of ADAMA Ukraine, the world leader in the production and supply of branded post-patent crop protection products and other chemical products ADAMA Agricultural Solutions Ltd, in a dispute with one of the farms in Vinnytsia region.

The dispute arose from the defendant’s refusal to fulfil the terms of the supply agreement concluded before 24.02.2022, allegedly due to force majeure.

The case was complicated by the defendant’s obtaining and submitting to the court, in the first instance, a certificate from the Chamber of Commerce and Industry on the existence of force majeure circumstances. Nevertheless, AVERUM Legal’s attorneys convinced the judges of all three courts (local, appellate, and cassation courts) that the CCI certificate cannot be considered indisputable evidence of force majeure.

As a result of the case, the Supreme Court upheld the decisions of the local and appellate courts to recover more than UAH 36 million in favour of the client.

The team, led by the managing partner, attorney-at-law Vadym Ivanov, carried out the legal position and representation of the client.

The full text of the court’s decision is available here.