Legal advice upon force majeure by Interlegal: Pivdennyi Sea Port

On May 22, 2023, the UNO got concerned of Pivdennyi Sea Port, previously functioning in the framework of Grain Deal. They state, vessel traffic to Pivdennyi Sea Port ceased just on May 02, 2023, due to aggressive actions of the Russian federation and sabotage of the Coordination Center.

The Client applied to Interlegal upon the following issue. Although the Client intended to take the goods at the above seaport, vessel traffic got blocked and therefore the Client was unable to fulfill its contractual obligations due to force majeure.

The contract provided an option to refer to force majeure, in particular, in case of:

       - export prohibition
       - blockade
       - hostilities

As per general rule, the current situation was clearly treated as force majeure. Interlegal provided full and detailed legal advice to the Client, indicating that in such case force majeure in fact was declared in accordance with the contract.

It should be noted that most of situations, whereto the parties refer as force majeure, should have a documentary confirmation, for instance, in the form of Certificate of Force Majeure issued by the Ukrainian Chamber of Commerce and Industry. However, each certain case is a unique one: it depends on the contract and terms & conditions set forth therein.

Interlegal law team – junior lawyers Larysa Karakach & Denys Bakaiev, managed by partner Alexey Remeslo – led the case.