INTERNATIONAL COMMERCIAL ARBITRATION
- Amicable settlement of disputes
- Local, Administrative and Commercial Courts
Relationships in Transport, Shipping and International Trade are always accompanied by claims and disputes. But by no means all of them will result in defeat of one of the parties. Interlegal is proud of its skill to achieve Client’s goals by amicable settlement.
For many years experts of Interlegal effectively represent clients in courts and arbitrations in the countries of the Black Sea (Ukraine, Russia, Georgia, Turkey, Moldova , Bulgaria) and actually enforce court decisions and arbitration awards.
For example, the right of a shipowner to declare a lien on cargo is inherent to sea carriage contracts. And Ukraine recognizes the concept of a lien on cargo. Also, Ukraine is a signatory to the 1952 Ship arrest Convention. However, local procedural inconsistencies when you arrest a vessel still prevent from full benefits.
Of course, the most popular choice for maritime arbitration is London. The majority of standard form charter parties, international sale contracts, salvage contracts, reinsurance and P&I Club Rules provide for London arbitration and in particular arbitration at the LMAA (London Maritime Arbitrators’ Association). Many bills of lading incorporate the arbitration clause in the charter party under which the bill is issued.
In Ukraine there is Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry, an independent permanent arbitration institution operating under the Act of Ukraine On International Commercial Arbitration of 24 February 1994, the Statute on the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry (Annex No.2 to this Act) and the Rules, approved by the Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No.18(1) of 17 April 2007, as amended by the Decision of the Presidium of the Ukrainian Chamber of Commerce and Industry No.24(6) of 25 October 2012. This tribunal shall settle disputes arising out of contractual or other civil law relationships in the area of merchant shipping regardless of the fact whether the subjects of Ukrainian and foreign law or either exclusively of Ukrainian or of foreign law is the participants of such relationships.
Number of cases settled by arbitration at national Chambers of Commerce and Industry has been growing every year, due to convenient and short-term dispute settlement procedure, as compared to state court proceedings, competence of recommended arbitrators and an opportunity to enforce the arbitration award at foreign jurisdictions.
Interlegal practice shows positive trend and advantages of dispute settlement by such arbitration institutions as ICAC at the UCCI, MAC at the UCCI and MAC at the CCIRF.
Automatic application of LMAA Small Claims Procedure: to apply or not to apply?22.02.17In 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 Georgia28.11.16One 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
Cargo Shortage Fines – Turkey01.08.16We set our advice regarding the Cargo shortage fines imposed by the Turkish Custom in respect of short delivery.
When cargo is short-delivered, Custom will serve a notice to the local agent of the vessel declaring the commencement of the claim with regard to the shore figure scale and will request a proper explanation as to why there is a difference between a bill of lading figure and an outturn figure.more
Commercial Court Practice upon Ship Arrest in Ukraine27.10.16Having studied the Ukrainian court practice regarding ship arrest, we have detected issues of correction and legal gaps the judges faced during proceedings and proposed the possible ways of settlement. Procedure on ship arrest in Ukraine is governed by the Commercial Procedural Code of Ukraine, the Merchant Shipping Code of Ukraine and the 1952 International Convention for the unification of certain rules relating to the arrest of sea-going ships of 1952, which came in force for Ukraine...more
Enforcement of commercial (maritime) foreign arbitral awards in Ukraine08.08.16Resolution of maritime disputes by reference to international commercial arbitration is a typical situation in a modern globalized world. Under the reference in Clause 1 of Article 1 of the UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 (United Nations documents А/40/17, Annex I, and А/61/17, Annex I), the term commercial arbitration should be given a wide interpretation and covers maritime arbitration...more
Maritime Law10.02.15Ukraine is a maritime state on the Black Sea and Azov Sea coasts, which has its own fleet, shipbuilding and ship repair facilities, 18 sea ports and 11 river ports on two rivers, the Dnieper and the Danube, open for navigation. Ukraine is one of the world’s leading grain and sunflower oil exporters and generally is an important gate for the import and export of commodities and goods. In Soviet times the Black Sea Shipping company (BLASCO), set up in 1833 and based in Odessa, was one of the...more
Setoff of Mutual Claims in Arbitration Proceedings26.02.15It is well known that arbitration is the most common means of resolving commercial disputes today. The advantage of arbitration is also lies in the fact that the parties can agree on all details of the consideration of a case. Setoff of homogeneous mutual claims is one of the convenient ways for termination of obligations that may contribute to the settlement of the conflict, if it has already arisen or brewing.more
Everything you say may be used against you, or what does the term «Without prejudice» mean25.02.15A legal term “without prejudice” is often used in business correspondence. “Without prejudice” means that everything stated in letter marked as “without prejudice” will not be taken into account in the process of settlement of the dispute.more
New Procedure on Taking Security Measures28.01.14Taking security measures in support of international arbitration (hereinafter - interim measures) remains a pressing problem in Ukraine. To insure the claim in international arbitration, by nature, means to take temporary specific remedies, failure of which may impede or prevent the execution of future awards of international arbitration. One of urgent problems of Ukrainian legislation is the absence of virtual possibility of direct appeal...more
International Commercial Arbitration and Maritime Arbitration in Ukraine in 201308.09.14International commercial and maritime arbitration in the Ukraine are administered by the International Commercial Arbitration Court (ICAC) and Maritime Arbitration Committee at the Ukrainian Chamber of Commerce and Industry (UCCI). These are independent permanent arbitration institutions (third-party tribunals) whose activities and the proceedings conducted by them are regulated by the Law of Ukraine on International Commercial Arbitration of 24 February, 1994, Rules of...more