Defending a leading Ukrainian state-owned mining company in eight complex arbitration proceedings for USD 22 million.

Vasil Kisil & Partners has successfully defended a leading Ukrainian state-owned mining company in eight complex arbitration proceedings for USD 22 million.

The disputes centred on eight raw material supply contracts, with the Austrian company seeking substantial damages for alleged lost profits due to the Ukrainian company's purported breach of contractual obligations. The cases were of paramount importance given the client's status as a key state-owned entity and the potential for significant financial implications. 

Vasil Kisil & Partners' team of lawyers developed a comprehensive strategy for all eight arbitration proceedings, which included:

1. Establishing the content of the contractual limitation of liability clause and proving the validity and applicability of such a clause;
2. Constructing robust arguments related to the application of complex doctrines such as venire contra factum proprium and contra proferentem. 

As a result, in all proceedings, the tribunals fully dismissed the Austrian company's USD 22 million claims, affirming Vasil Kisil & Partners' interpretation of the liability clause.