24/7

Interlegal has successfully completed the project on development of export shipment documentation for a large Ukrainian trader

7 августа 2018 г.: en 18 ноября 2018 г.: en 118 июля 2019 г.: ru 2 всего: 5 28.08.14

To combine correctly the principles of English law governing sales and purchase agreements with the Ukrainian legislation regarding export of goods and preparation of transportation documents has become a specific task.

In the process of export shipments, sales and purchase agreements of grain and oil-bearing crops are usually based on standard FOSFA or GAFTA proformas and are governed by the English law where the principles and the approaches differ from the Ukrainian law.

For example, penalty sanctions, typical for the Ukrainian law, may be treated, according to the English law, as commercially groundless enrichment of one of the contracting parties. In case of any dispute these claims may be successfully appealed by the counteragent. While making  such contracts, the Ukrainian party shall be attentive to  discrepancies in interpretation in order to express the contract provision correctly, taking into account its own interests.

With sales on FOB or CPT Ukrainian exporters have an obligation to comply with all the formalities necessary for the export of the goods, and the formulation of relevant documents. Presently issues of filling bills of lading as related to the terms of delivery and customs declarations are not directly regulated by the rules of the customs legislation.

Correctness of issuing and filling the transportation documents – is the key factor which often depends on both, proper performance of contractual obligations by the Ukrainian Party and compliance with law requirements in respect of export shipping documents.

Working on the project, lawyers of  Interlegal developed special provisions in order to defend the Ukrainian exporter’s interests and recommended drafts of transportation documents in strict compliance with Ukrainian customs and tax regulations.

  • English arbitrations: how do they operate during pandemics?2020.04.01

    The issue of English arbitration institution effective functioning is vital both for Interlegal clients and for lawyers of Interlegal Englis...

    show more
  • De-offshoring and its impact on shipowners?2020.03.31

    Today, non-resident company’s bank account is an urgent need for international business. Cooperation with offshore companies is a common...

    show more
  • How to refund costs for the lost tour?2020.03.30

    A Client applied to Interlegal upon cost refund for the tour to exotic country being cancelled due to global quarantine on the Earth. Des...

    show more
  • Debt recovery should not be postponed2020.03.27

    The Client applied to Interlegal for charging accounts receivable in the framework of its contractual relations. With reference to media...

    show more
  • Force majeure: critical view2020.03.27

    The Client applied to Interlegal for assessment of presence / absence of force majeure in the framework of its contractual relations. Hav...

    show more
  • Interlegal lawyers arrested the vessel for ship repair indebtedness2020.03.24

    Interlegal lawyers arrested in Kherson Sea Port water area the vessel flying under foreign flag. The Client applied to Interlegal on ship...

    show more
  • Will we face more difficulties in contract performance?2020.03.23

    As expected, global quarantine due to COVID-19 pandemics essentially affected shipping and international trade in Black Sea Region. For t...

    show more
  • Banking re-compliance for the current bank clients2020.03.16

    It is not a secret for international business company owners that banking compliance becomes a more complex procedure covering the wider ran...

    show more
  • Causal fact recognition by the court2020.03.03

    A Client applied to Interlegal for legal assistance in the framework of Personal Attorney Service. As found out in the process of inherit...

    show more
  • Partnership agreement in the framework of educational project2020.03.02

    Gentleman’s agreements are widely spread in the Ukrainian business practice. In such situations business partners, while holding negotiation...

    show more