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Compensation of damages sustained by time-charterer due to vessel collision in Ukraine

16.01.14

Interlegal represented successfully interests of a large shipping company in the dispute which was unprecedented for Ukraine.

Client, a time-charterer who expected for loading in the road, appealed to Interlegal after the chartered vessel got damaged and had to sail to the Ukrainian ship-repair yard, therefore the upcoming voyage charter was cancelled by the charterer.

Given their large experience and specialization in shipping experts of Interlegal determined the legal position promptly and then prepared and filed a claim in the amount over 2 million USD against non-resident company, a ship owner who caused collision.

The court accepted the claim, satisfied the claimant’s application on claim security and arrested the defendant’s vessel which was under repair at the Ukrainian ship-repair yard.

Ship owners and their insurers did not expect any similar course of events. But, taking into account legal purity of the claimant’s actions and large cost of vessel detention, they consulted with lawyers and made a decision on inexpediency of the further court proceeding. Therefore they made an offer upon out-of-court settlement of the dispute.

The claimant made steps towards the defendants. Therefore the parties concluded and signed an amicable agreement upon settlement of the charterer’s damage. After signing the agreement the claim was withdrawn immediately and the vessel was released from arrest.

The client’s interests at court and during negotiations were represented by Alexey Remeslo and Sergey Sushko, lawyers of Interlegal, under the general supervision of Artem Skorobogatov, associated partner.