HE LEGAL IMPACT OF UKRAINIAN GRAIN EXPORT QUOTA REGIME ON EXECUTION OF FOREIGN TRADE CONTRACTS
Journal Title: Legea și viața - Year 2018, Vol 2, Issue 4
Abstract
Ukrainian grain export quota regime had a significant legal impact on execution of foreign grain supply contracts in 2010 and 2011. More specifically, the paper focuses on the practical overview of a seller’s obligation to obtain export licence under a foreign trade contract and Incoterms 2010. This article then examines importance of prohibition clause published by the Grain and Feed Trade Association (GAFTA). The author also introduces the reader to the new GAFTA force majeure clause, which provides for prohibition of export, and the English law cases on prohibition of export including disputes with Ukrainian parties. The choice of law clause in many foreign trade grain contracts refers to the English law and incorporates GAFTA standard contract terms. Knowledge of the GAFTA rules and English law cases becomes critical to lawyers from Ukraine and Moldova.
Authors and Affiliations
Irina ZVYAGINA
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