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Litigation & arbitration

Claims and disputes, court and arbitration settlements arise regularly in international business. But it is a mistake to state that it will result in win of one party and in defeat of the other one. We are proud of pretrial achievement of the Client’s goals.

What we do for you:

  • Claims Handling for parties to the contract upon setoff, goods shortage and quality in order to achieve the Client’s goals;

Claims Handling means pre-arbitral settlement of setoff claims between parties to the contract. In 70% of cases, our maritime lawyers facilitate the required result for the Client in the framework of pretrial settlement.

  • Negotiations with insurance companies and insurance cost return;

  • Representation of clients’ interests at international maritime and industrial arbitrations (LMAA, GAFTA, FOSFA etc.) under the English law;;

We have vast professional experience in dispute settlement at the institutional arbitrations: LMAA (London Maritime Arbitrators’ Association), GAFTA (Grain and Feed Trade Association) and FOSFA (Federation of Oils, Seeds and Fats Associatione), in respect of non-conformity of the goods quality and quantity, sea carriages, demurrage and dispatch payment and case proceedings related to non-fulfillment of contractual obligations, export prohibition, all types of similar prohibitive measures and many others.

For the more effective and prompt defense of our Clients, we opened our representative office in London and joined LMAA, FOSFA and the Nautical Institute of Ukraine – a subsidiary of the UK Nautical Institute.

  • Representation of your interests at High Court of Justice of England and Wales and other foreign courts;

For many years, Interlegal experts not only represent effectively the Ukrainian clients at the foreign courts and arbitrations but also proceed cases independently, including under the English law.
  • Defense at the Ukrainian courts and arbitrations (ICAC at the UCCI, MAC at the UCCI);

Every year, the number of cases, settled by the current arbitration authorities at the national chambers of commerce and industry, grows due to convenient and operative dispute consideration procedure, competence of recommended arbitrators and opportunity to enforce the arbitration award at foreign jurisdictions.

Interlegal law practice shows positive trends and advantages of claim settlements by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, the Maritime Arbitration Commission at the Ukrainian Chamber of Commerce and Industry and the Maritime Arbitration Commission at the Russian Chamber of Commerce and Industry 

  • Sea-going ship arrest and detention at the Ukrainian and foreign sea ports;

  • Arrest of funds at the foreign bank accounts, corporate rights and other assets owned by companies and natural persons both in Ukraine and abroad; cargo arrest on board of vessels, at terminals and warehouses;

OUR READY SOLUTIONS

Interlegal uses various instruments facilitating successful negotiations upon claim settlement and enforcement of court/arbitration awards.

Interlegal lawyers are actively engaged in special international arbitration proceedings and therefore gain broader experience and skills for defense of your interests.

Please read our articles about our court practice. We have them written for many years – probably you will find below answers to the issues of concern for your business. Otherwise, you may contact our experts for assistance in your business.

  • Notice of Readiness and Demurrage: Geographical Issues in the LMAA Arbitration Award20.04.17 20.04.17
    Geographical location is one of the principal specifications used for sea port formation having direct impact on the port operation efficiency and its further development. At the same time, geographical peculiarities of each sea port have not only economic but also legal impact on organization of sea carriage and consequent handling operations.more
  • Automatic application of LMAA Small Claims Procedure: to apply or not to apply?22.02.17 22.02.17
    In 1989 London Maritime Arbitrators Association (LMAA) first introduced the Small Claim Procedure (SCP), construed for consideration of the small disputes, which deemed to be simplified, quick and more cost-effective than the procedure under general LMAA Terms. The SCP has been subject to several revisions and the latest version is in effect from 1 January 2012. Successful practical usage of SCP during 27 years has been followed by particular controversies as to its applicability.more
  • How to turn an arbitral award into recovery of damages: experience of successful recognition of the arbitral award in Georgia28.11.16 28.11.16
    One of the most frequently asked questions by the Clients who intend to refer the case for consideration of arbitration is: how to convert the arbitral award into real money? Recognition and enforcement of arbitral award is indeed a quite a complicated mechanism involving application of both national and international law. Sometimes, differences in domestic legislation in the country, where the award is supposed to be enforced, and the governing law of the contract, in respect of which...more
  • Cargo Shortage Fines – Turkey01.08.16 01.08.16
    We set our advice regarding the Cargo shortage fines imposed by the Turkish Custom in respect of short delivery. When cargo is short-delivered, Custom will serve a notice to the local agent of the vessel declaring the commencement of the claim with regard to the shore figure scale and will request a proper explanation as to why there is a difference between a bill of lading figure and an outturn figure.more
  • Commercial Court Practice upon Ship Arrest in Ukraine27.10.16 27.10.16
    Having studied the Ukrainian court practice regarding ship arrest, we have detected issues of correction and legal gaps the judges faced during proceedings and proposed the possible ways of settlement. Procedure on ship arrest in Ukraine is governed by the Commercial Procedural Code of Ukraine, the Merchant Shipping Code of Ukraine and the 1952 International Convention for the unification of certain rules relating to the arrest of sea-going ships of 1952, which came in force for Ukraine...more
  • Enforcement of commercial (maritime) foreign arbitral awards in Ukraine06.08.16 06.08.16
    Resolution of maritime disputes by international commercial arbitration is a typical situation in a modern globalized world. Under the reference in Clause 1 of Article 1 of the UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 (United Nations documents А/40/17, Annex I, and А/61/17, Annex I), the term of commercial arbitration should be given a wide interpretation so as to cover maritime arbitration.more
  • Enforcement of commercial (maritime) foreign arbitral awards in Ukraine08.08.16 08.08.16
    Resolution of maritime disputes by reference to international commercial arbitration is a typical situation in a modern globalized world. Under the reference in Clause 1 of Article 1 of the UNCITRAL Model Law on International Commercial Arbitration (1985), with amendments as adopted in 2006 (United Nations documents А/40/17, Annex I, and А/61/17, Annex I), the term commercial arbitration should be given a wide interpretation and covers maritime arbitration...more
  • Maritime Law10.02.15 10.02.15
    Ukraine is a maritime state on the Black Sea and Azov Sea coasts, which has its own fleet, shipbuilding and ship repair facilities, 18 sea ports and 11 river ports on two rivers, the Dnieper and the Danube, open for navigation. Ukraine is one of the world’s leading grain and sunflower oil exporters and generally is an important gate for the import and export of commodities and goods. In Soviet times the Black Sea Shipping company (BLASCO), set up in 1833 and based in Odessa, was one of the...more
  • Setoff of Mutual Claims in Arbitration Proceedings26.02.15 26.02.15
    It is well known that arbitration is the most common means of resolving commercial disputes today. The advantage of arbitration is also lies in the fact that the parties can agree on all details of the consideration of a case. Setoff of homogeneous mutual claims is one of the convenient ways for termination of obligations that may contribute to the settlement of the conflict, if it has already arisen or brewing.more
  • Everything you say may be used against you, or what does the term «Without prejudice» mean25.02.15 25.02.15
    A legal term “without prejudice” is often used in business correspondence. “Without prejudice” means that everything stated in letter marked as “without prejudice” will not be taken into account in the process of settlement of the dispute.more

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