Interlegal succeeded in claims handling upon the remaining cargo return
2 September, 2019
5
The Client, foreign trade, applied to Interlegal for problem settlement due to improper performance of Freight Forwarding Contract.
Under the contract, the Forwarder accepted sunflower seeds for transportation in Turkey.
Following vessel discharge, there was a shortage over 8% from aggregate cargo weight. Later such volume was detected at the Forwarder’s warehouse.
A problem was the Parties’ counterclaims: the Forwarder rejected handing over the remaining cargo before storage debt recovery, while the Trader rejected payment for storage caused not due to its fault.
Interlegal lawyers, having analyzed the documents, drafted and sent to the Forwarder a motivated Letter of Claim, followed by negotiations aimed at pretrial dispute settlement.
Interlegal associate attorney Vitalii Tolstik and lawyer Nikita Kocherba persuaded the Parties to hold negotiations and settled the dispute on mutually beneficial conditions. Under the Dispute Settlement Agreement, the agreed amount was remitted to the Forwarder while the cargo was returned to its lawful owner, in order to eliminate counterclaims and to preserve commercial relations between the Parties.
According to Interlegal claims handling statistics, most disputes, if applied promptly to lawyers, result in amicable agreement between the Parties, in order to preserve commercial relations and to avoid legal/arbitration fees.