24/7

Interlegal managed to facilitate dispute consideration by the Ukrainian court

22 марта 2018 г.: en 1 всего: 1 11.04.16

As it known, most House and Line Bills of Lading provide an alternative clause under which the debtor may be brought to responsibility either under its location or under location of the creditor (forwarder/line carrier).

Experts of Interlegal dealt with such clause in one of the latest case proceedings upon freight and container demurrage charge against the Ukrainian consignee. According to the Bill of Lading:

All actions against carrier under the contract of carriage evidenced by this Multimodal Transport Document shall be brought before the High Court of Bombay, India, and no other Court shall have jurisdiction with regards to any such action. Actions against the Merchant under the contract of carriage evidenced by this bill of lading may be brought before the High Court of Bombay, India, or, in Carrier’s sole discretion, in another court of competent jurisdiction”.

It was a great surprise when the Ukrainian court, having accepted the case to consideration, after several court hearings ordered to cease the case proceedings a) due to arbitration clause under which the dispute shall be settled by the High Court of Bombay, and b) due to application of the Indian law to the dispute.

The court of appeal supported this conclusion in full and left the first instance court decision unchanged.

In the process of cassation claim consideration by the Supreme Commercial Court of Ukraine, the court’s attention was drawn to the fact that the debtor was the Ukrainian resident; therefore, jointly with alternative clause of the Bill of Lading, it shall serve as grounds for dispute consideration at the territory of Ukraine. The need in dispute consideration under the foreign law provisions shall not also facilitate case proceedings cessation, since the Ukrainian law not only provides such opportunity but also stipulates the content determination procedure concerning such provisions.

Cassation claim was satisfied in full. As the result, the case was submitted to the first instance court for consideration on the merits.

Alexey Remeslo and Karina Gorovaya, experts of Interlegal, worked upon the case.

 

  • Interlegal team won GAFTA Arbitration under the dispute concerning short-payment for goods by the Swiss company2020.09.28

    Interlegal completed successfully GAFTA Arbitration under the dispute concerning short-payment for corn supplied on DAP terms, Chernomorsk S...

    show more
  • Interlegal lawyers succeeded in dispute settlement between the Shipowner and the Charterer2020.09.03

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

    show more
  • Interlegal won the court dispute against large state-owned stevedore2020.09.08

      The Client – port operator – applied to Interlegal for due diligence of one of state-owned stevedores. Such due dil...

    show more
  • Discharge of cargo residues and washwater: instruments of legal defense for Interlegal client2020.09.04

      Since the State Enterprise “Ukrainian Sea Ports Authority” (USPA), jointly with other governmental bodies (such as the State Borde...

    show more
  • Interlegal defended interests of “thyssenkrupp Materials Trading GmbH” in Court of Appeal of Donetsk2020.09.03

      Recently, in Court of Appeal of Donetsk there was a hearing of a case concerning an appeal against the ruling of Kramatorsk Town C...

    show more
  • Interlegal defended world freight forwarder`s interests in court, allowing no damages recover totaling up to UAH 15 million2020.09.01

    Interlegal got a request from a Client, one of the world's largest forwarders, to protect his interests in enforcement proceedings to recove...

    show more
  • Group of companies: structuring as a holding company2020.08.17

    The client – large foreign shipowner applied to Interlegal upon corporate issues regarding Liberian companies acting as nominal shipowners....

    show more
  • Interlegal lawyers refunded costs for a cancelled travel2020.08.11

    A Client apply to Interlegal for refund of costs on travel to exotic country – naturally being cancelled due to closing borders and cancelli...

    show more
  • Yacht Charter Parties 2020: what to stipulate in autumn?2020.08.06

    In the framework of regular services for one of our Client’s commercial yachts, Interlegal supported conclusion of Charter Parties in autumn...

    show more
  • Ship arrest preserved: the Debtor paid due amount2020.08.05

    On March 24, 2020, we wrote that Interlegal lawyers arrested the vessel flying under foreign flag, in Kherson Sea Port water area, followed...

    show more