Ivan Kasynyuk

Practice Areas

Arbitration GAFTA, FOSFA, LMAA, LCIA, ICAC, ICC;

Agribusiness & International Trade;

International Commercial Arbitration;

International Investment Arbitration;

Sport Arbitration

Career

Ivan Kasynyuk started his professional career in 2005 at the Ministry of Foreign Affairs of Ukraine. Subsequently, he held the position of the judge assistant in one of the district courts of Kiev, having acquired skills and experience in judicial proceedings. Before joining AGA Partners, he worked as a senior lawyer at Obolon brewery, one of the major Ukrainian corporations, where he gained vast experience in the corporate law area.

Professional Memberships

Member of the Chartered Institute of Arbitrators;

Member of the International Bar Association;

Arbitrator of International Commercial Arbitration Court at Ukrainian CCI;

Arbitrator of the Ukrainian Arbitration Association;

Arbitration Practitioner of the Vienna International Arbitral Centre (VIAC);

Member of the Board of the Committee on International trade law of the Ukrainian Bar Association;

Member of the Kiev City Bar Association;

Member of the Ukrainian National Bar Association;

Founding member of GAFTA Black Sea Region Trade Committee

Personal

Ivan specializes in consulting in the area of international trade and representing clients’ interests in international commercial arbitrations of GAFTA, FOSFA and LMAA.

Ivan, as a member of the working group, took part in the drafting the new unique GAFTA standard proforma trade contract No.78UA for Ukraine, which entered into force on 1st September 2019 and aimed at facilitating trade in the Black Sea region. It is the first GAFTA contract ever made for Ukraine. Ivan is also a founding member of GAFTA Black Sea Region Trade Committee.

Clients

Bunge SA, Naftogaz Group, PJSC "Ukrhydroenergo” , Orexim Trading Limited, NCH Capital Inc. (UK), Hangzhou Ruijiang Chemical Co. LTD, TAS AGRO LLC, LLC "Syngenta", Myronivsky Hliboproduct (MHP), China National Building Materials and Equipment Import & Export Corporation, State Food Grain Corporation of Ukraine, PJSC, UKRPROMINVEST-AGRO, Millcorp Geneve SA, GrainCorp Operations Limited, COFCO Agri Resourses LLC, Buchachahrokhlibprom LLC, Harvest Group S.A., Smart Trade Overseas SA, Med International Corporation, HARVESTREAM AG, PE Zakhidniy Buh, ZABARA OU, Surapro Alicante S.L., Kintas Limited, Entorum Agro S.L., Avrora Baltic SIA,, CROPFIELD TRADING COMPANY OÜ, Allies Incorporated Sp. z o.o., IBERCEREL 2010 S.L., AZMO Shipping LTD, MVE PROSPERA AG, ARTIS AGRO S.R., PC "CORETRADE", Stimpex SA, MK MERCHANTS SA, Agrolife GMBH, Agro Suni Trading LLC, QORTIA AG, Linkor Trade Fze, Global Grain Trading, Sunflower Resources LTD, Agroimeks Sp. z O.O., Grain Flex LTD, Grain Meadov Trading LLC, SIMMETRIC CORP., Virtus Commodities AG, PAE “Vostok-Zapad”, LTD Bioenergy-Vinnitsa, Group of Companies "Prometey", Prime Trading LLC, Agridays OÜ, Albion Power Capital LTD, Maxinvest Ltd, Five Grains Limited, Ukralfa Trade FZ LLC, Agroprosperis Group Kft, Al Basma Lel Zuyut Al Nabatiya, Ak Nisasta Sanayi Ve Ticaret A S, Bek Tarim/Hitit AG, Alberta Corp. LP., Oliyatorg OU, Tradex Gida Dis Ticaret Ltd Sti

Work Highlights

Representing the interests of strategic Ukrainian State-Owned Enterprise “Ukrhydroenergo” at the ad hoc arbitration under the auspices of the London Court of International Arbitration (LCIA) in a dispute with Fichtner GmbH & Co. KG concerning the rehabilitation project: Increasing the capacity of Kakhovka Hydroelectric Power Plant.

Represented a major agritrading company in the English High Court of Justice against a Swiss buyer in a complicated dispute regarding the terminating of two sales contracts The case was complicated by unlawful consolidation of the arbitration proceedings in the first tier. GAFTA Appeal Board declined all the objections made by our Client and satisfied the buyer’s claims.

Ivan Kasynyuk was appointed as an expert on Ukrainian law within the High Court of Justice proceedings in London. Swiss agricultural supplier Quadra Commodities SA sued against French branch of XL Insurance and 5 underwriters that are based in Germany, Luxembourg, and Belgium for USD 5 million under a cargo insurance policy after the goods were lost due to the alleged fraud committed by one of the biggest trade companies in Eastern Europe in 2018.

Advising a major Ukrainian agriholding on the execution the contracts and applying a force majeure event during the war in Ukraine. Ivan advised the client concerning the several cargos that were loaded before the war started and was blocked by in Ukrainian port. The vessels have been idle in a Ukrainian Black Sea port for almost 6 months and could not leave due to mining of the Black Sea by russian army.

Successfull representing the Client in four separate GAFTA first-tier arbitration proceedings in arising out of the contracts for purchase of Ukrainian origin corn. In particular, the Client claimed damages for failure of three sellers to deliver the goods under four sale contracts, which were fully satisfied by the Tribunal.

Representing interests of Ukrainian agricultural holding in FOSFA arbitration totaling USD 10 million against Russian importer. The case arose due to the buyer’s repudiation of the contract in connection with the Russian import restrictions on the supply of Ukrainian soybeans.

Representing an international trader in GAFTA arbitration totaling USD 500,000. The case concerned our client’s non-delivery of goods, which was caused by the buyer’s material breach of the contract, namely the unintended repudiation.

Representing interests of Ukrainian exporter in GAFTA arbitration at the suit of transnational agricultural holding, with demand to recover UDS 2 million of damages brought up by refusal to deliver the goods. The award was in the client’s favor, and satisfaction of lawsuit was rejected due to the breach of contract by the claimant.

Industry Sector Expertise

His extensive practice in the field of English and international law allows him to represent clients’ interests in the London Court of International Arbitration (LCIA), the International Arbitration Court at the ICC, Arbitration Institute of the Stockholm Chamber of Commerce, and International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC).

Expert in these Jurisdictions

Switzerland, UK, France, Luxembourg, Belgium, Germany, USA, Cyprus, The Netherlands, Hungary, Liberya, The Republic of Korea, Greece, UAE, Georgia, Turkey, Australia, Marshall Islands, Belize , Nevis, Iran, BVI, China, Spain, Poland, Latvia.

Languages Spoken

Ukrainian, English and russian

Education

Awards