Interlegal notes a positive trend in case proceedings on ship arrest in Ukraine
Interlegal notes a positive trend in case consideration by the Ukrainian commercial courts on ship arrest as maritime claim security.
In view of the latest practice, the judges keep unanimous position in strict compliance with the current national legislation and the 1952 International Convention for the unification of certain rules relating to the arrest of sea-going ships (the Convention) ratified and been in force in Ukraine starting from 16.05.2012.
In witness of the above trend, last week Interlegal experts defended the Client’s position and obtained three positive rulings of the Odessa Region Commercial Court on taking preventive measures in the form of ship arrest as maritime claim security.
Claims were based on Clauses k, l Article 1 of the Convention: materials supplied to a ship for her operation or maintenance; construction, repair or equipment of a ship or dock charges and dues. In order to justify the fact of maritime claim and the need in ship arrest, lawyers drafted and filed the appropriate applications pursuant to Article 43-1 of the Commercial Procedural Code of Ukraine. Additional explanations were submitted during the court proceedings.
At three separate court proceedings, the judges of the Odessa Region Commercial Court kept the unanimous fair and sound position aimed at defensing the claimants’ violated rights. Each case consideration resulted in decisions on ship arrest as maritime claim security, resulted in the readiness of ship owners to hold negotiations and to pay off the debt.