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  • Overview

    James Cradick has acted on behalf of one of Russia’s largest mining companies on instructions received via their trading office in Switzerland in several linked LCIA arbitrations arising from the non-payment of shipments of coal to India.

    Initial advice was provided to clients who authorised James to commence multi million dollar arbitration proceedings against the Indian Buyers in London.

    During the extensive exchanges of submissions and evidence which followed, the Buyers alleged (amongst other issues) that:

    1. no contracts had been agreed
    2. if there were contracts agreed, the terms of the contracts were materially different from those asserted by our client
    3. that there were various faults in the testing procedures adopted at load port
    4. there were various issues with the letters of credit and execution of the documentary obligations which our client had with respect to the financing of the transactions.
    5. the Tribunals had no jurisdiction to determine the disputes
    6. that the Buyers in fact owed the Sellers significant sums in relation to other shipments and contracts (which they sought, unsuccessfully, to raise by way of counterclaims)

    Working closely with senior management, traders and the client’s head of legal all of the arguments put forward by the Buyers were methodically dismantled after which they finally entered into negotiations shortly before the close of submissions.

    Matters were eventually settled on favourable terms.

  • Related Services

    Dispute Resolution

    Our team of experienced and highly specialist lawyers includes experts in contractual, commercial and international disputes, insolvency, shareholders’, directors and partnership disputes, in disputes arising from construction/engineering projects and we also act for clients seeking to protect or defend intellectual property/IT rights.

    Corporate, commercial & international dispute resolution

    Our highly experienced team of specialist lawyers act for UK and international businesses and individuals in a wide range of commercial disputes.

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By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

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Jargon Buster