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Litigation & arbitration

Claims and disputes, court and arbitration settlements arise regularly in international business. But it is a mistake to state that it will result in win of one party and in defeat of the other one. We are proud of pretrial achievement of the Client’s goals.

What we do for you:

  • Claims Handling for parties to the contract upon setoff, goods shortage and quality in order to achieve the Client’s goals;

Claims Handling means pre-arbitral settlement of setoff claims between parties to the contract. In 70% of cases, our maritime lawyers facilitate the required result for the Client in the framework of pretrial settlement.

  • Negotiations with insurance companies and insurance cost return;

  • Representation of clients’ interests at international maritime and industrial arbitrations (LMAA, GAFTA, FOSFA etc.) under the English law;;

We have vast professional experience in dispute settlement at the institutional arbitrations: LMAA (London Maritime Arbitrators’ Association), GAFTA (Grain and Feed Trade Association) and FOSFA (Federation of Oils, Seeds and Fats Associatione), in respect of non-conformity of the goods quality and quantity, sea carriages, demurrage and dispatch payment and case proceedings related to non-fulfillment of contractual obligations, export prohibition, all types of similar prohibitive measures and many others.

For the more effective and prompt defense of our Clients, we opened our representative office in London and joined LMAA, FOSFA and the Nautical Institute of Ukraine – a subsidiary of the UK Nautical Institute.

  • Representation of your interests at High Court of Justice of England and Wales and other foreign courts;

For many years, Interlegal experts not only represent effectively the Ukrainian clients at the foreign courts and arbitrations but also proceed cases independently, including under the English law.
  • Defense at the Ukrainian courts and arbitrations (ICAC at the UCCI, MAC at the UCCI);

Every year, the number of cases, settled by the current arbitration authorities at the national chambers of commerce and industry, grows due to convenient and operative dispute consideration procedure, competence of recommended arbitrators and opportunity to enforce the arbitration award at foreign jurisdictions.

Interlegal law practice shows positive trends and advantages of claim settlements by 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 and the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry 

  • Sea-going ship arrest and detention at the Ukrainian and foreign sea ports;

  • Arrest of funds at the foreign bank accounts, corporate rights and other assets owned by companies and natural persons both in Ukraine and abroad; cargo arrest on board of vessels, at terminals and warehouses;

Interlegal uses various instruments facilitating successful negotiations upon claim settlement and enforcement of court/arbitration awards.

Interlegal lawyers are actively engaged in special international arbitration proceedings and therefore gain broader experience and skills for defense of your interests.

Please read our articles about our court 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.

 

  • The third is the charm! Large bulker fleet operator vs. Shipowner and P&I11.01.16 11.01.16

    In December 2013, in the process of loading, one of the largest Time Charterer’s vessel collided with another vessel during the latter’s maneuvering. It was risky to continue voyage.more
  • 500 thousand USD for cargo deterioration11.01.17 11.01.17

    How to win LMAA arbitration and to save 500 thousand USD for the Client?more
  • Is Russia an arbitration-friendly jurisdiction?30.07.18 30.07.18

    International arbitration development has given rise to the theory of delocalizing international commercial arbitration, i.e. its international legal nature and supranational scope of activities which detach it from state control and supervision, while the state should only assist and facilitate foreign entities functioning at its own territory.more
  • Statistics of case consideration at the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry17.04.18 17.04.18

    The adapted version of the report by Nikolay Selivon, President of ICAC at the UCCI, under the ICAC operation results in 2017.more
  • The new Rules of the ICAC at the Ukrainian CCI: Overview of novelties16.11.17 16.11.17

    The International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry was established in 1992 under the recommendation of the Parliament of Ukraine. Nowadays the ICAC is one of the worlds’ leading and most authoritative arbitration centers which performs close cooperation and shares the experience with most part of the permanent arbitration institutions.more
  • Attachment of assets of non-residents during the enforcement of decisions and awards in Ukraine13.07.17 13.07.17

    Active participation in international trade envisages a variety of risks, on the most essential of which is the likelihood of non-performance of the contract by foreign counteragent. International arbitration is an effective method of resolution of disputes arising in international business; however, even if the claimant succeeds in arbitration, he still has before him a long and thorny way of implementation of the award.more
  • The ICAC at the UCCI as one of qualified options of alternative disputes resolution15.06.17 15.06.17

    Ukraine is one of the leading exporting players of the global agricultural trade market. The orientation of the Ukrainian economy, including the wide range of the groups of commodities, facilitates cooperation between the Ukrainian exporters and their foreign counteragents.more
  • Notice of Readiness and Demurrage: Geographical Issues in the LMAA Arbitration Award20.04.17 20.04.17

    Geographical location is one of the principal specifications used for sea port formation having direct impact on the port operation efficiency and its further development. At the same time, geographical peculiarities of each sea port have not only economic but also legal impact on organization of sea carriage and consequent handling operations.more
  • Automatic application of LMAA Small Claims Procedure: to apply or not to apply?22.02.17 22.02.17

    In 1989 London Maritime Arbitrators Association (LMAA) first introduced the Small Claim Procedure (SCP), construed for consideration of the small disputes, which deemed to be simplified, quick and more cost-effective than the procedure under general LMAA Terms. The SCP has been subject to several revisions and the latest version is in effect from 1 January 2012. Successful practical usage of SCP during 27 years has been followed by particular controversies as to its applicability.more
  • How to turn an arbitral award into recovery of damages: experience of successful recognition of the arbitral award in Georgia28.11.16 28.11.16

    One of the most frequently asked questions by the Clients who intend to refer the case for consideration of arbitration is: how to convert the arbitral award into real money? Recognition and enforcement of arbitral award is indeed a quite a complicated mechanism involving application of both national and international law. Sometimes, differences in domestic legislation in the country, where the award is supposed to be enforced, and the governing law of the contract, in respect of which...more

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