Interlegal lawyers facilitated vessel release from arrest in Libya
29 June, 2016
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Interlegal lawyers, jointly with their Libyan colleagues, prevented forced sale of the vessel, which stayed under arrest at the port of Misurata.
Unlawful ship arrest has been organized by the Libyan charterers who initiated local court proceedings in breach of arbitration clause stipulated by the Charter Party. The court matter was impeded by procedural tricks, abuse of procedural rights and delay of case consideration by the claimants. The claimants used also unofficial methods of clannish influence on the court which, in view of political unrest in Libya, could result in alienation of shipowner’s property. Later, the Misurata port authorities joined the ship arrest procedure.
At two instances, shipowner’s lawyers managed to prove unlawfulness of ship arrest and claims laid by charterers and port authorities, obtained and enforced a final award, which let the vessel sail from Libya after more than one year of arrest.
Natalya Myroshnychenko, the associated partner, and Andrey Perepelitsa, the senior lawyer, worked upon the case.