The WINNER law firm team successfully defended the interests of a Ukrainian manufacturer in a dispute with a foreign counterparty seeking to recover over UAH 11.7 million.

The essence of the dispute

Foreign company LLC “Sirdas-BS LTD” filed a lawsuit against a Ukrainian enterprise for the recovery of:

cost of goods,
penalties,
inflation losses and 3% per annum
, lost profits
, moral damages

The total amount of claims was UAH 11,747,090.

The claim was based on the alleged supply of low-quality products under a foreign trade contract.

Defense position

The WINNER team built its defense on a systematic analysis of the contract and international delivery rules (Incoterms), in particular:

They proved the proper fulfillment of obligations by the Ukrainian manufacturer,
confirmed the transfer of goods to the carrier in accordance with FCA (Incoterms) terms
, refuted arguments regarding product quality with adequate evidence
, and emphasized the transfer of risks to the buyer after the transfer of goods.

The key was to prove that all risks after the goods are shipped are borne by the buyer, not the manufacturer.

Result

The Kyiv Commercial Court rejected the foreign company’s claim.

The client saved over UAH 11.7 million and avoided significant financial and reputational losses.

Project team

The following worked on the case:
– Maxim Bagnyuk, Head of the Tax and Customs Dispute Resolution Practice;
– Alexander Nakonechny, Head of the Commercial and Corporate Law Practice;

Why is this important?

This case study demonstrates how real protection works in foreign economic activity:

– foreign counterparty ≠ automatic rightness
– contract without correct interpretation = risk of multi-million dollar losses
– Incoterms are not a formality, but a protective instrument

🔎 Case number: No. 910/11887/25
⚖️ Court: Kyiv Commercial Court;
The decision has entered into legal force.