24/7

Interlegal experts managed to prevent the busted export deal

2 февраля 2018 г.: ru 1 всего: 1 12.10.16

Interlegal Сlient, exporter, entered into a contract of sale and purchase of the lot of grain in the quantity of several hundred thousand metric tons under FOB terms of supply, Russian port.

The Parties agreed that the Seller shall supply the Goods, in full and in proper quality, to the Vessel nominated by the Buyer. The Goods shall be shipped at the Terminal agreed by the Parties.

However, before the commencement of the shipment period, the Terminal notified the Seller on the absence of any possibilities to conduct loading of the Goods within the contractual shipment period.

The Seller duly notified the Buyer on such rejection and proposed two alternative options, i.e. either to load the Goods at another terminal at the same port or to prolong the shipment period till the date when the agreed Terminal renews cargo-handling operations. At the same time, the Seller confirmed the acceptance of the Vessel nominated by the Buyer.

Having received confirmation on the Vessel’s acceptance and proposal to rearrange the place or period of shipment, the Buyer declared the Seller in default and cancelled unilaterally the Contract before the commencement of shipment period.

In his turn, the Seller collected the full scope of the Goods at the port of loading by that time. Within the shipment period the Seller obtained consent of the agreed Terminal on loading the Goods in compliance with the Contract. Despite the above, the Buyer still insisted on cancellation and considered that any contractual obligations between the Parties are absent. Thereby the Buyer rejected the whole lot of the Goods.

Interlegal experts conducted a complex analysis of the current situation and the Contract terms. The grounded legal position was developed for the Seller to proceed with negotiations with the Buyer. In addition the range of written notices was drafted.

Active engagement of Interlegal lawyers resulted in the compromise between the Parties. The contractual relationships were renewed and the Goods’ supply was rearranged on the new terms.

Interlegal lawyer Olena Ptashenchuk, under general supervision of the associated partner Natalia Myroshnychenko, led the case.

  • Interlegal lawyers settled the dispute upon indebtedness for ship repair services2019.10.10

    The Client, large shiprepair yard, applied to Interlegal for solving the problem due to improper performance of Ship Repair Contract regardi...

    show more
  • GAFTA Fumigation Rules 132: new grounds for demurrage contestation?2019.10.02

    Interlegal lawyers defended the Seller’s CIF claim on demurrage recovery arisen at the discharge port. he Client applied to Interlegal du...

    show more
  • Interlegal lawyers recovered bunker debt from the Romanian Debtor amounting to 300,000 USD2019.09.26

    The Client, foreign bunkering company, applied to Interlegal for bunker debt recovery from the Romanian company engaged in maritime operatio...

    show more
  • Interlegal closed the deal on vessel purchase at the EU aftermarket2019.09.23

    Interlegal lawyers succeeded in legal support and closing the deal on second-hand vessel purchase (tanker 5,000 DWT) at the EU aftermarket....

    show more
  • Grain price drop: whether the contract was or not?2019.09.18

    The Client, a party to the deal on wheat supply with the large Swiss company, applied to Interlegal. As the Seller, the Client relied on goo...

    show more
  • Interlegal consulted the foreigner upon real estate issues2019.09.16

    Clients often apply to Interlegal concerning investments. Such projects may have different investment objects, investment countries, client’...

    show more
  • Interlegal released cargo retained by customs office2019.09.12

    The Client, foreign trader, applied to Interlegal on cargo retention by customs office grounded on the order of the General Prosecutor’s Off...

    show more
  • Interlegal lawyers returned 80,000 USD under the Charter Party2019.09.12

    The Client and the Shipowner concluded the Charter Party in 2017. Having received by email the Offer, stating that commencement of cooper...

    show more
  • Interlegal defended yacht owner’s interests under the dispute with equipment supplier2019.09.12

    In the framework of Interlegal yachting practice, the Client applied for defense of its interests under the dispute with the Greek manufactu...

    show more
  • Interlegal partners - in TOP - 100 ukrainian best lawyers2019.09.05

    Interlegal has traditionally been highly praised in the study “Client Choice - 100 Best Lawyers of Ukraine”, conducted by the respected publ...

    show more