Outbreak of full-scale war, shipping community mood and launching Grain Corridor
23 March, 2023
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A shipowner, acting as the party to English commercial arbitration proceedings against the Charterer concerning unlawful termination of the Charter Party, applied to Interlegal.
The Client’s main goal was to clarify the situation in Ukraine in late 2021 – early 2022. In particular, the latter was concerned of Ukrainian shipping community mood in December 2021 – February 2022 regarding russia’s potential full-scale invasion in Ukraine, public expectations of war duration in Ukraine and information about launching Grain Corridor.
Interlegal experts had several tasks aimed to achieve the Client’s goal. First, we held complex study of legislation in prohibiting navigation, fixing safety levels and closing Black Sea ports.
Our lawyers also analyzed Ukrainian mass media publications and statements of the government concerning russia’s invasion, as well as preliminary terms for opening Grain Corridor.
Furthermore, our law team held a poll within Ukrainian shipping community (namely shipowners, agents, freight forwarders, terminal representatives) in order to clarify their prospects and expectations.
Under the results, Interlegal drafted a legal opinion serving as grounds for the Client’s position in arbitration proceedings.
One year after outbreak of full-scale war and blocking Ukrainian sea ports, we faced the issues ofproving prohibition and impossibility to leave the Ukrainian sea port water area by the vessels unsuitable for grain transportation.
Interlegal experts studied the issue of prohibiting navigation and closing Ukrainian sea ports. Now we are ready not only to provide competent legal assistance, but also to draft legal opinions, to collect appropriate evidence, to act as witnesses and to hold analytical research upon the above issues – that will be useful in procedure of proof and dialogue with insurance companies in the process of exercising the right on charging cost of vessels blocked in Ukraine.
Interlegal lawyers Nikita Kocherba and Olesya Ivanova, managed by associate partner Karyna Gorovaya, led the case.
Interlegal expresses its gratitude to the Client and Partners – delegates of the Ukrainian shipping community engaged in poll and sharing their opinions and analyses.