Debt recovery from the vessel after change of shipowner
The Client, one of the leading ship repair entities in the Black Sea Region, applied to Interlegal due to full non-payment by the customer, shipowner, of the vessel repair been performed and accepted by the customer.
Situation was complicated by the fact that the customer sold the vessel to third persons and failed to notify the Client. After receiving the demand for payment the customer stated that upon the transfer of such ownership rights all requests related to payment for the vessel repair shall be addressed to the new shipowners.
In addition, under general rules provided, inter alia, by the International Convention on Maritime Liens and Mortgages 1993, to which Ukraine accessed in 2002, debt for repair work shall not follow the vessel. In such a way, having sold the vessel to new owners, the former shipowner may avoid responsibility for the debt for repair work. This problem often arises under other debts related to the supply to vessels.
To settle the dispute, the Client applied to Interlegal.
Interlegal lawyers analyzed the terms of the vessel repair contract and the customer’s guarantees provided to the ship repair entity. Situation might have been settled by means of negotiations between the Client, the customer and the new shipowners, following the customer’s additional guarantees. Interlegal lawyers developed legal arguments which served as grounds for such additional guarantees. In addition, the motivated claim was drafted and addressed to the shipowners.
As the result, payment for the vessel repair was made in full, according to the payment schedule agreed by the parties. The vessel was delivered to the new shipowners.
- Interlegal lawyers won the case in London2020.12.21
The Client – Ukrainian company engaged in design and engineering works for foreign firms – applied to Interlegal, due to non-payment by the...show more
- Procedural delay: it shan’t pass!2020.12.10
Interlegal lawyers again defended interests of their client - thyssenkrupp Materials Trading GmbH under longstanding case proceedings upon r...show more
- Ship release in Belgium2020.12.14
The client – owner of the vessel detained by Port State Control at one of the Belgian Ports, applied to Interlegal for vessel release as soo...show more
- Case legal support: cargo loss due to accident2020.11.30
Interlegal lawyers succeeded in case settlement upon reimbursement of lose cargo value, due to accident. In the process of fertilizer car...show more
- Interlegal lawyers consulted the client upon legal effects of the Law No. 466 for its business2020.11.26
A regular client applied to Interlegal for legal advice upon legal effects due to entry into force of amendments to the Tax Code of Ukraine,...show more
- Interlegal lawyers applied to the State Regulatory Service of Ukraine for non-admission to adopt a Draft Order of the Ministry of Infrastructure2020.11.18
On 12.10.2020, a Draft Order of the Ministry of Infrastructure of Ukraine “On Approval of the Procedure for Fixing a Prohibition to Operate...show more
- Shipowners may refund costs, paid unlawfully to USPA2020.11.05
Decision of the Antitrust Committee of Ukraine (case No. 910/1106/20) entered into legal force, and now shipowners are free to defend th...show more
- Winning a Lost Case: When Negotiations are Crucial2020.11.04
In fact, no one will give an obvious answer to the above question; however, the golden rule Strongest are Lucky has not been canceled. In...show more
- Interlegal law team settled the dispute upon demurrage at the port of discharge2020.11.04
Interlegal teem succeeded in pretrial settlement of the Buyer’s claim against the Seller upon demurrage at the port of discharge. The Cli...show more
- Interlegal lawyers provided legal support of yacht sale & purchase at 1.5 million EUR2020.10.29
Interlegal regular client filed a request for legal support of yacht (30 meters long) sale & purchase amounting to 1.5 million EUR. I...show more