News date: 20 October 2026
The Supreme Court terminated cassation proceedings upon the cassation appeal of a Ukrainian exporter in a commercial dispute regarding the reissuing of the rights to grain cargo valued at over USD 2 million, putting an end to a multi-year litigation in favor of Ilyashev & Partners’ client – one of the largest grain elevator complexes in southern Ukraine.
Disputes over the performance of a storage agreement covering 2,000 tons of grain had been ongoing since 2023. The owner of the grain – a Ukrainian exporter – sold it to a foreign grain trader but failed to fulfill its contractual obligations and sought court orders to compel the elevator to reissue the rights to the goods in bypass of contractual procedures and without paying for the rendered storage and processing services.
In 2023, the foreign grain trader brought a claim directly against the elevator. However, the Odesa Region Commercial Court concurred with the arguments presented by Ilyashev & Partners’ attorneys and established that the elevator acted in good faith, was not a proper defendant, and had not infringed upon the plaintiff’s rights.
In 2023, the exporter initiated another parallel dispute in the Commercial Court of Kyiv City, seeking to oblige the elevator to reissue rights to the grain to another Ukrainian entity. Nevertheless, the courts of first and appellate instance once again supported the legal position of Ilyashev & Partners’ team and dismissed the claim.
Disagreeing with the decisions of the courts of first and appellate instance, the Ukrainian exporter filed a cassation appeal with the Supreme Court.
Ilyashev & Partners’ team conducted a thorough examination of the contractual obligations and submitted compelling evidence to the Supreme Court demonstrating that the procedure for transferring title to the goods had been breached directly by the exporter. The attorneys proved that the elevator fulfilled its obligations in good faith and that there were no grounds to set aside the decisions of the lower courts. The Supreme Court agreed with the arguments of Ilyashev & Partners’ team and issued a ruling terminating the cassation proceedings under the appeal of the Ukrainian exporter.
Dmytro Hruba, Attorney at Law at Ilyashev & Partners Law Firm, worked on the project.