24/7

Interlegal lawyers succeeded in dispute settlement between the Shipowner and the Charterer

26 октября 2020 г.: ru 6 en 110 сентября 2020 г.: ru 1 en 17 октября 2020 г.: ru 1 en 1 всего: 94 03.09.20

The Client applied to Interlegal upon the issue of shipowner’s potential bringing to responsibility for non-performance of the Charter Party.

Having analyzed documents, Interlegal lawyers stated that the Client as Charterer concluded the Charter Party on sea carriage of sunflower pellets from Nikolayev to Turkey. Later, 10 days before the vessel expected arrival at the loading port, the Turkish Shipowner notified the Client on unilateral cancellation of the Charter Party, with reference to force majeure in the form of fire on board of the vessel. Therefore the Client had to seek a new vessel and to conclude the Charter Party with another shipowner. Meantime, freight market grew. While the Client had to pay cargo carriage cost exceeding the initial price.

Since the Charter Party was governed by English law, Interlegal lawyers drafted a justified claim on behalf of the Client upon reimbursement of freight difference by the Shipowner. The Shipowner rejected such claim and applied to its own lawyers who tried to contest the Shipowner’s liability with reference to the doctrine of frustration.

Having analyzed English precedent law, Interlegal team provided doubtless arguments, whereunder both the Shipowner and its lawyers accepted their liability and reimbursed damages incurred by our Client. Interlegal lawyer Igor Kostov, manager Viktoria Krotova and associated partner  Alexey Remeslo led the case.

  • The Buyer failed to fulfill its financial obligations within deadline prescribed by the contract2024.05.23

    A client, seller who entered into contracts with two companies of the same group, applied to Interlegal. The contracts provided supply o...

    show more
  • Limassol Boat Show 20242024.05.15

    We are pleased to announce that on 23-26 May Interlegal will be participating in the ninth edition of the largest boat show in the Eas...

    show more
  • General average due to collision of vessels. What should the cargo owner do?2024.03.18

    Expansion of geography to the Caspian states was and is one of the goals of our company development. Therefore, we are particularly plea...

    show more
  • Misunderstanding and technical errors as the reason for dispute2024.02.12

    A company applied to Interlegal for carrying out claims handling with their counterparty. Due to a simple misunderstanding, business rel...

    show more
  • What are the legal effects of delivering goods of poor quality under CIF contract?2024.02.05

    The Client applied to Interlegal for analysis of potential consequences of delivering mineral fertilizers of poor quality in the framewo...

    show more
  • UPD: what to do if arrest fails at the first time?2023.11.30

    Fresh news by Interlegal: one of the most interesting latest ship arrests! Let us remind: A Cypriot company filed to Interlegal a req...

    show more
  • Bank request again: additional documents and explanations2023.11.20

    Now in the process of transactions banks often asks our Clients to provide documents certifying lawful payment, mainly agreement between...

    show more
  • Forgive and forget: is small demurrage a reasonable excuse for arbitration proceedings?2023.10.26

    The Seller under CIF Contract applied to Interlegal; it delivered goods to the Buyer within the prescribed supply period and performed a...

    show more
  • Freight management flaws: incorrect notices or disputed claims2023.10.23

    Recently, Interlegal law team defended the Client’s interests in a dispute regarding incorrectly calculated demurrage. The case concerne...

    show more
  • Interlegal obtained FOSFA award in favor of the Client in the amount exceeding 4 million USD2023.10.16

    The Client applied to our law team due to non-performance of contract terms, i.e. non-payment for the goods. Parties to the contract...

    show more