Cargo owners: salt into the wound
20 August, 2024
25
(1).png)
What do you think is the biggest headache for shippers in shipping? Maybe it is an unpaid invoice for goods by counterparties? Or market volatility? Or difficulties with logistics? All this is indeed very unpleasant for both consignors and consignees, but today we will about another aspect that causes lots of tears and swears – lien on cargo imposed by the shipowners.
Brief case plot:
– our client is (a large trading company) acted both as a Seller (under trading contract) Cargo Charterer (under voyage Charterparty)
– the problem – illegally imposed lien on cargo by the Head Owners (for convenience we will call it shipowner A) due to the debts of the Time Charterer of the vessel (shipowner B, respectively).
The beginning of the voyage was very good: the ship successfully loaded 3000 metric tons of sugar and sailed, execution of all processes was literally flawless. The problems started only when the vessel had arrived to the port of destination. Shipowner B (who was in direct contact with our clients) began to demand demurrage prepayment, threatening to stop discharging if same is not done. The Charterers were surprised, , but paid whole amount (remembering all swear words) to expedite cargo discharging operations.But the root of all evils was hidden deeper than our Clients thought. Shipowner B turned out to had been seeking some waysto hide the actual reason for the delay – his own failure to pay hire to Shipowner A under the time charter.
Shipowners A did not like such kind of jokes and immediately submitted a demand towards our Clients for them to pay debts instead of the actual debtors and threatening to withhold cargo discharging. Our team did not like such (almost black) humor either and started preparing a response to such illegal actions.
The next day after our reply, the ship was quickly unloaded, the opponents merely had no arguments to refute our position. This is how quickly and efficiently we solve all the cases of our Сlients. Therefore, as you have once again ascertained by now, release of your cargo and/or vessel = Interlegal.
Interlegal law team led the project: associate Attorney Taras Dragan, claims handler Oleksii Bannykh, junior lawyer Danylo Mykhailovskyi, managed by associated partner Karyna Gorovaya.
