24/7

TRANSPORT & LOGISTICS

Transportation of cargo by sea, rail, road and air transport

 

CARGO CLAIMS:

 

 

OTHER CLAIMS:

 

 

PORTS & TERMINALS

 

 

INSURANCE

 

 

CUSTOMS

 

 

FCR FIATA is a non-negotiable instrument that is documented by a freight forwarder undertaking the consignment under irrevocable shipping instructions. The rules of the FCR (forwarder’s Certificate of receipt) usage in Ukraine are contained in the internal documents of The Association of International Freight Forwarders of Ukraine which is a non-governmental organization. Its regulations are binding only to its members. So, FCR is a forwarder’s Certificate of receipt proving that the goods are accepted by the forwarder in due packaging and in proper quantity specified in the document. Thus, in Ukraine the forwarder confirms this way receiving the merchant’s irrevocable instructions, subject to the absence of disputes between the parties engaged.

 

Ukrainian law provides for the Detention of vessels and cargo by port administrative authorities, which is distinct from the Arrest of ships under the Brussels Convention 1952. Such Detention is considered the means of securing a Maritime claim (particularly one arising out of tort). However, the timeframe and grounds for Detention are limited and the provisions governing Detention constitute an exception to the general rules on ship Arrest under the Brussels Convention. A specific condition of Vessel or cargo Detention by the port authority is that the demand for securing the Maritime claim be brought by a party while the security itself be imposed by another party vested with public authority.

 

In most cases, the party seeking to detain the Vessel or cargo must simply file an application to the port authority declaring the existence of any of the above-mentioned Maritime claims, together with supporting documents. This party will be held liable for any damage caused by unreasonable Detention of the Vessel or cargo.


Publications


  • Some issues of the vessel arrest in Romania07.05.18

    Recently, the practice of ship arrest in Romanian ports has become more active. Below, we have tried to concentrate the most frequent topics faced by shipowners.more
  • Ship arrest in Ukraine: updated regulations26.04.18

    Law of Ukraine No. 2147-VIII substantially modifies provisions of the Commercial Procedural Code of Ukraine and Civil Procedural Code of Ukraine regarding the arrest of ships as a precautionary measure to secure a maritime claim.more
  • Debt for ship repair: how to avoid problems?04.04.18

    It is obvious, if at the stage of negotiations the parties discuss the whole range of terms for their further relationship and its performance procedure, as well as fixed their arrangements in the contract, many problems will be avoided.more
  • Interview for the Project Cargo Weekly22.02.18

    Interview for the Project Cargo Weekly about the establishing of Interlegal law firm, Ukrainian shipping business, ship arrests and legal fees.more
  • F.A.Q.Shipping in Ukraine25.01.18

    Frequently asked questions about Shipping in Ukraine.more
  • The extension of time period for transit passage in Turkish straits01.09.17

    One of the recent developments in Maritime section is most welcome by ship owners whereas the time period for awaiting before passing the Turkish straits such as Bosphorus and Dardanelles has been extended from 48 hrs to 168 hrs (almost 7 days)by an amended rule as a result of resolution approved by Cabinet Council dated 28/7/2017.more
  • Black Sea practice newsletter, April-June 201705.08.17

    Interlegal offers you an overview of the hot news from practice, with most useful information for the reporting period.more
  • Direct claim against liability insurer: is it real in Ukraine?17.04.17

    For a party suffering damage from a tort or breach of contract, it may be of key importance to sue not only the person liable, but also the liability insurer behind that person. This is obviously hot topic in transport law practice, and it is legally challenging.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
  • Caution: sanctions!21.12.16

    Today special sanctions are quite a serious institute of administrative governing foreign business entities and their foreign economic activity by the state. Similar intervention into the company business is not always lawful and is usually based on hasty making a decision under the principle “first sanctions, then consideration” which is certainly inadmissible.more