Сharging payment for ice-breaking services
Ice-breaking services are treated as special services rendered at the sea port and are governed by the Resolution of the Cabinet of Ministers of Ukraine No. 405 dd. 03.06.2013 “On approval of the List of special services rendered at the sea port by natural monopoly entities, governed at the state level”. The cost of ice-breaking services shall be calculated on the grounds of vessel’s capacity in cubic meters, as per the Order of the Ministry of Infrastructure No. 1059 dd. 26.12.2013 “On approval of the Tariffs for ice-breaking services”. Payment shall be accrued for the period of the announced ice campaign for the following services:
- services regarding securing safe entry, leave, maneuvering, mooring, shifting and movement of vessels within the sea port water area for the period of the announced ice campaign;
- ice-breaker assistance for vessels (convoys of vessels).
The agricultural product trader, acting as the vessel charterer, applied to Interlegal due to charging payment for services provided in respect of safe vessel leave during the call to one of the Ukrainian sea ports in winter 2017.
During the work upon the case, Interlegal experts analyzed the principal aspects of charging payment for rendering special services. According to the law, an official announcement of ice campaign at the sea port and the fact of rendering such services shall be taken into consideration.
On the grounds of analysis, Interlegal lawyer, Ekaterina Gadetskaya under general supervision of the partner, Natalya Myroshnychenko, provided a legal opinion to the Client which stated conclusions on lawfulness of charging payment and the current risks for the vessel due to non-payment for such services, jointly with recommendations for the Client in respect of further actions.
- Interlegal lawyers represent successfully the Client’s interests upon bankruptcy case proceedings2020.10.15
Interlegal Client found out that its Debtor initiated independently bankruptcy case proceedings. Interlegal lawyers got involved upon expiry...show more
- Mission possible: to release vessel with cargo on board within 3 days2020.10.06
In high-peak trading season, each trader is focused on fulfilling its obligations as the counteragent, having completely forgotten that the...show more
- Lawfulness of bunkering operations outside the 12-mile zone2020.10.01
The Client filed a request to Interlegal concerning law regulations of bunkering operations outside the 12-mile zone. Interlegal law team...show more
- Shareholder Agreement for new business setup2020.09.30
The Client filed a request to Interlegal for legal support in business setup jointly with his new partner. Main task for Interlegal team...show more
- Debt recovery under LMAA award. Act III: final stage2020.09.28
We are glad to inform that Interlegal team has completed proceedings on debt recovery from the vessel owner who failed to refund to our Clie...show more
- 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 Court of Do...show more