Debt recovery from the vessel after change of shipowner
13 февраля 2018 г.: ru 2 en 26 февраля 2018 г.: ru 2 12 июля : en 1 всего: 125 09.11.16
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 defended the Client’s interests at GAFTA arbitration2019.07.16
Interlegal won the dispute at GAFTA arbitration upon non-performance of the contract regarding prohibition to import yellow peas in India, d...show more
Interlegal proved unlawfulness of penalty accrual for late return of earnings2019.07.16
Interlegal represented interests of its Client – large Ukrainian ship repair yard – under the court proceedings on recognizing as unlawful a...show more
Lawyers of Interlegal successfully settled a dispute over recovery of damages incurred due to collision of vessels2019.07.01
Client, a foreign shipowner, contacted Interlegal with a request to recover damages incurred as a result of collision of vessels. Circums...show more
Interlegal consulted the client upon seafarers’ salary taxation2019.07.01
The client applied to Interlegal for legal advice upon salary taxation for seafarers – citizens of Ukraine receiving salaries from the forei...show more
Interlegal lawyers defended the Shipowner’s interests during PSC inspection2019.06.24
The Client, large foreign shipowner, applied to Interlegal on representing its interests during PSC inspection upon compliance with internat...show more
Consulting upon tax system in Switzerland2019.06.21
Interlegal corporate lawyers consulted the client upon tax system in Switzerland and foreign citizen employment at Swiss companies. Each...show more
Interlegal team succeeded in defense of the Charterer’s interests under the dispute on demurrage2019.06.21
The Client – Charterer applied to Interlegal due to the Shipowner’s unlawful claims on demurrage recovery. In the process of loading and...show more
Interlegal lawyers drafted the Settlement Agreement due to breach of the Supply Contract by the Counteragent2019.06.05
The Client, large Ukrainian elevator, filed a request to Interlegal on drafting the Settlement Agreement due to breach of the Supply Contrac...show more
Interlegal lawyers drafted business inheritance scheme for the client2019.05.27
The client applied to Interlegal for its business inheritance scheme. Since the business corporate structure includes, inter alia, non-re...show more
Interlegal expansion in Best Lawyers rating2019.05.24
Two Interlegal partners joined the Ukrainian top lawyers in Best Lawyers rating. Arthur Nitsevych confirmed his high positions in three n...show more