Lawyers of Interlegal defended interests of the foreign insurance broker at the Ukrainian courts
Broker of a foreign insurance company filed a request to Interlegal on charging the paid insurance compensation by means of subrogation.
After studying the submitted documents, it was found out that in the process of cargo transportation by car from Germany to Ukraine by the Ukrainian carrying company cargo got partially lost. Since the cargo was insured, the consignee asserted a claim to the broker upon insurance compensation.
Having assessed all the circumstances of cargo loss, the insurance company made a decision on insurance compensation in the amount of full cost of the lost cargo. In order to confirm fulfillment of the broker’s payment obligations, the consignee issued a letter of subrogation under which it assigned to the broker all the right on property claims against the responsible person.
Since, under the Convention on the Contract for the International Carriage of Goods by Road 1956, the carrier shall bear responsibility for cargo loss during transportation, the dispute shall be settled at the territory of Ukraine.
In the process of case consideration the carrier denied completely its responsibility for cargo loss, with reference to absence of fault as one of the necessary elements of offense, and stated that it took all the necessary measures upon cargo preservation.
Experts of Interlegal prepared a detailed explanation stating that, according to international law, the carrier’s responsibility for cargo loss during the transportation shall be imperative and shall not require for evidence of all the elements of offense, including fault. Provisions of the Convention stipulate several grounds for release of the carrier from responsibility but the list of such grounds is not exhaustive.
Having assessed all the case circumstances and having taken into account explanations of the Claimant’s representatives, the court concluded that the carrier should bear responsibility and should recover the lost cargo cost in favour of the broker.
Especially interesting fact in the court proceedings was that in the process of case consideration the court took into account both the international law provisions upon the procedure of international cargo transportation by car and the current international practice upon application of provisions on subrogation.
Interlegal won court proceedings upon lost container cost recovery2022.01.12
A Client, large container carrier, applied to Interlegal regarding non-return of booked containers by counteragent – freight forwa...show more
Legal support of motor yacht construction agreement: 1 million EUR2021.12.20
Interlegal yachting lawyers represented interests of their regular client, by legal support of entering into motor yacht construct...show more
Interlegal lawyers charged losses in favor of the Albanian terminal due to vessel collision with berth2021.12.10
In January 2021, vessel collided port facilities at the Albanian sea port. In the process of mooring, the vessel collided berth due to exces...show more
Interlegal legal advice upon Kazakh and Chinese legislation on railway transportations2021.12.07
International insurance company applied to Interlegal in order to assess grounds and prospects for bringing railway carrier to lia...show more
Interlegal consulting upon risks of cooperation with non-residents in the process of rendering services at the Ukrainian sea ports2021.11.29
A Client applied to Interlegal for legal advice upon cooperation with foreign companies. Its operating scheme involves Ukrainian companie...show more
120,000 USD as reimbursement due to death of seafarer2021.11.25
Seafarer’s wife applied to Interlegal due to her husband’s fatal accident on board of the vessel. The Client’s goal was to receive...show more
Interlegal law team has won arbitration proceedings by ICAC at the UCCI in favor of the Client2021.11.25
We reported previously on Interlegal claims handling: 175,000 EUR. In the framework of pretrial dispute settlement, the Client and the De...show more
Interlegal partner Arthur Nitsevych have all been selected for Who’s Who Legal ranking2021.11.09
Interlegal partner Arthur Nitsevych have all been selected for Who’s Who Legal ranking We are delighted that Interlegal partner Arth...show more
How banks will control foreign currency accounts of non-residents2021.10.22
In accordance with the amendments to the Law of Ukraine "On Currency and Currency Operations" banks shall exchange information on the ba...show more
Interlegal defended the trading company’s interests under dispute settlement by the ICAC at the UCCI2021.10.18
As reported before, Interlegal lawyers provided legal support to the Client under case proceedings in the ICAC at the UCCI. Arbitr...show more