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Maritime and shipping cases are very specific. Many of them are connected with casualties. The accidental factor is very strong. Which vessel is guilty when a collision arises? Why is the cargo found wet? Is it because of unfit hatches? To make a right conclusion, a shipping/ maritime lawyer needs to have specific knowledge and expertise. That is why many in shipping favour arbitration over litigation.

 

Typically, maritime and shipping disputes are around:

 

The serious drawback of the legislation in the maritime sphere of Ukraine is the lack of the unified approach in questions related to maritime activity. The legislation of Ukraine consists of the Merchant Shipping Code, laws and bylaws that regulate some specific maritime relations. The legal framework in this respect is imperfect. Ukraine should refuse from regulating shipping by bylaws and base mainly on international conventions and traditions. There is a strong necessity to systemize legal norms governing maritime activity, if Ukraine is positioning itself as maritime state then it should follow global trends.


Publications


  • Peculiarities of Ship arrest in some Black Sea jurisdictions16.03.17

    Black Sea countries - Ukraine, Russia, Georgia, Turkey, Bulgaria, Romania and Moldova - have various rules governing ship arrest. Some of these countries (namely, post-Soviet ones) are similar by mentality and official approach, while others are very different in administration of law and court practice.more
  • Automatic application of LMAA Small Claims Procedure: to apply or not to apply?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
  • Black Sea practice newsletter, October-December 201623.01.17

    Interlegal offers you an overview of the hot news from practice, with most useful information for the reporting period.more
  • Newsletter, July-September01.10.16

    Interlegal offers you an overview of the hot news and publications, with most useful information for the reporting period.more
  • How to turn an arbitral award into recovery of damages: experience of successful recognition of the arbitral award in Georgia28.11.16

    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
  • Cargo Shortage Fines – Turkey01.08.16

    We 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 Ukraine27.10.16

    Having 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
  • Occupation of the territory of Ukraine in focus of maritime law04.04.16

    History of the modern public international maritime law goes back to the 1st UN Conference on the Law of the Sea held on April 24 – 29, 1958, in Geneva. The new stage in development of international maritime law was the 3rd UN Conference on the Law of the Sea which resulted in adoption of the UN Convention on the Law of the Sea dd...more
  • Interim measures in the process of enforcement of foreign judgments and arbitral awards in Ukraine10.04.16

    Participation in international trade carries a number of risks, the main among which is to ensure the proper fulfillment by non-resident counterparties of their commitments.Often, to resolve the dispute and protect their legitimate interests the creditors have to apply to international commercial arbitration or foreign court. However...more
  • Once again on freight forwarding in Ukraine01.04.16

    Freight forwarding is commonly defined as a business activity on rendering freight forwarding services in respect of supply and carriage of export, import, transit and other cargoes. In this article we will deal with regulation of forwarder’s activity in Ukraine...more