International trade

International Trade

Due to 20+year experience of the largest law firm in the Black Sea Region and high professional level of international lawyers, Interlegal provides prompt and effective assistance to trade companies upon the issues related to obligations under sale contracts and relationship with carriers, freight forwarders and terminals.

What our international trade lawyers will do for you:

Provide a personal legal adviser for your trade contracts (GAFTA, FOSFA), available 24/7/365, supported by 50+ experts in various specializations in the 6 Black Sea Region offices;
Draft personal proformas of contracts and charter parties (including Bareboat Charters, Time Charters, Voyage Charters) for loss risk mitigation;
Prepare and analyze sale & purchase contracts including on GAFTA and FOSFA proformas;
Negotiate with carriers, freight forwarders and terminals on non-payment, short delivery, wrong cargo delivery, delay in delivery, demurrage;
Claims handling upon non-payment, shortage, quality, demurrage, resulting in washout agreements, settlement agreements;
Legal support to purchase of fleet, machinery, and other assets;
Inspecting counteragents from the Black Sea Region, due diligence of companies and assets;
Checking counteragents, companies, and assets in Ukraine;

Negotiate with insurers of cargo and shipowners’ liability, cost recovery;
Consulting upon the following issues:
- Trade financing and letters of credit;
- Obligation and settlement security (lien, surety, bank guarantee and insurance company’s guarantee);
- Charter Party proformas (Gencon, Synacomex, Baltime, etc.);
- Demurrage and laycan, cargo shortage, wrong delivery and late delivery;
- Customs formalities;
- Force Majeure and export ban, International sanctions.

Cases

The demurrage begins with… A foreign Shipowner applied to Interlegal due to non-payment of demurrage by the Charterer, accrued in accordance with the Charter Party and applicable standard proforma GENCON 1976.

How to win LMAA arbitration and to save 500 thousand USD for the Client? The Client, cargo owner who incurred losses amounting to ca. 500,000 USD due to cargo deterioration during sea carriage, applied to Interlegal.

Quality dispute: How proper negotiations allow to keep the contract and commercial relations

How to save 194,000 USD and to gain friends? The Client, a large international grain trader, used the LegalCare program (i.e. legal support of GAFTA/FOSFA contracts) and applied to Interlegal for legal support of the contract on the carriage of 25 thousand tons of wheat.

In case of any dispute or breach of your rights, we facilitate a pre-arbitral amicable settlement with 70% of a successful result, without arbitration costs.

But in case of failure to settle the dispute, we defend your interests at the Ukrainian and foreign courts and international maritime arbitrations, such as GAFTA, FOSFA, LMAA, etc.

Our international lawyers regularly win arbitration cases in favor of their Clients at GAFTA and FOSFA arbitration with the English law applied.

We also settle disputes, arising from the foreign economic contract performance, at the current arbitration institutes at the National Chambers of Commerce and Industry. We defend our Clients’ interests regularly at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry.

International arbitration award enforcement with preliminary asset arrest

Cargo release from arrest at the seaport/terminal and on board of the vessel, including due to state authorities’ actions, jointly with facilitating departure to the destination port

OUR READY SOLUTIONS

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One should agree that it is better to train staff by some others’ mistakes. In order to improve your personnel skills in sea carriage, contracts and charter parties, we hold training courses for traders, based on our case studies in Black Sea Region trade and logistics.

Interlegal lawyers are active members of special international trade associations.

Please read our articles about international trade practice. We have them written for many years – probably you will find below answers to the issues of concern for your business. Otherwise, you may contact our experts for assistance in your business.

Artem Skorobogatov

skorobogatov@interlegal.com.ua

Alexey Remeslo

remeslo@interlegal.com.ua

Mladen Popov

alterego@varna.net

Karyna Gorovaya

gorovaya@interlegal.com.ua

What errors should be avoided while entering into CIF contracts?15.12.23 15.12.23
The seller shall be deemed as having fulfilled its delivery obligations when the goods insured thereby are stowed on board the vessel for goods delivery to the port of destination. Trade contracts often apply such basis of delivery, so from time to time we clarify the list of the parties’ sore spots that should be taken into account while entering into CIF contracts.
Certificate is final as to quality...13.12.23 13.12.23
This wording is often set out in trade contracts. In this article, let us answer what is real essence of such a provision.
Anticipatory breach: FAQ17.11.23 17.11.23
It happens quite often the parties have entered into a trade contract, and without waiting for the deadline to fulfill the obligation, one of the parties declares the impossibility or unwillingness to fulfill its obligations under the contract, also known as anticipatory breach.
Disputes upon small demurrage: to apply to arbitration or not?31.10.23 31.10.23
Resolving demurrage and other conflict situations where the disputed amount is quite small can be a real dilemma for the parties. In some cases, it is easier and less expensive for the injured party to forgive and to forget than to apply to arbitration for reimbursement.
Price discount as per GAFTA 48 Extension Clause15.05.23 15.05.23
While performing trade contracts on CIF/CFR terms, buyers usually ask sellers to issue a few sets of Bills of Lading, each covering only a part of the aggregate scope of goods purchased under the Contract. Sometimes, sellers usually split up Bills of Lading for certain reasons.
How to extend supply term under Gafta & Fosfa Rules20.01.23 20.01.23
Extension Clause, whereunder one of parties to the contract is entitled to extend supply term, is widely used in contracts on CIF and FOB terms.
Interlegal Trade digest Q4 202216.01.23 16.01.23
The Interlegal team has prepared for you a trade digest for the last quarter of 2022. Here are the latest news
FOSFA e-Seal for Certificates of Analysis15.12.22 15.12.22
The Federation of Oilseeds, Seeds and Fats Trade Associations (FOSFA) has made it easier to obtain FOSFA International official seal, without which a laboratory or survey company certificate may be recognized as null and void.
Blockade of the Ukrainian seaports: which problems shipping and trade faced11.10.22 11.10.22
The business has faced problematic situations and commercial disputes – consequences of the war and blockade of the seaports. Such disputes include, in particular, cancellations of export contracts on supply of goods the carriage whereof critically depends on maritime transport (they include, inter alia, grain cargoes).
Interlegal Trade digest Q3 202222.09.22 22.09.22
The Interlegal team prepared a digest on the topic "International trade"