Interlegal advised the buyer upon defective goods supply

Interlegal lawyers drafted a roadmap aimed at buyer’s interest defense due to defective goods supply from China.

A Client, large Ukrainian trader of chemical raw materials and industrial equipment, acting as Buyer under several import contracts, filed a request to Interlegal.

The Chinese seller supplied to Ukraine chemicals incompliant with declared quality. Analysis showed that they contained nearly 70% of impurities. The buyer, under contractual obligations, made 100% advance payment.

According to arbitration clause, all the disputes should be considered at the Chinese arbitration, but it was problematic for several reasons.

Interlegal lawyers, having analyzed the documents and the situation, drafted a legal opinion stating recommendations upon proper fixing non-contractual goods quality and assessed prospects of making a court decision against the counteragent in Ukraine, followed by its recognition and enforcement in China. In the framework of cooperation with the Chinese colleagues, Interlegal drafted recommendations upon possible actions aimed at the goods being imported in Ukraine under similar contracts.

Interlegal senior lawyer Karyna Gorovaya  and junior lawyer Irina Yakimovskaya led the case.