Interlegal lawyers succeeded in dispute settlement between the Shipowner and the Charterer
3 September, 2020
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The Client applied to Interlegal upon the issue of shipowner’s potential bringing to responsibility for non-performance of the Charter Party.
Having analyzed documents, Interlegal lawyers stated that the Client as Charterer concluded the Charter Party on sea carriage of sunflower pellets from Nikolayev to Turkey. Later, 10 days before the vessel expected arrival at the loading port, the Turkish Shipowner notified the Client on unilateral cancellation of the Charter Party, with reference to force majeure in the form of fire on board of the vessel. Therefore the Client had to seek a new vessel and to conclude the Charter Party with another shipowner. Meantime, freight market grew. While the Client had to pay cargo carriage cost exceeding the initial price.
Since the Charter Party was governed by English law, Interlegal lawyers drafted a justified claim on behalf of the Client upon reimbursement of freight difference by the Shipowner. The Shipowner rejected such claim and applied to its own lawyers who tried to contest the Shipowner’s liability with reference to the doctrine of frustration.
Having analyzed English precedent law, Interlegal team provided doubtless arguments, whereunder both the Shipowner and its lawyers accepted their liability and reimbursed damages incurred by our Client. Interlegal lawyer Igor Kostov, manager Viktoria Krotova and associated partner Alexey Remeslo led the case.
