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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;

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.

 

  • Maritime law in Ukraine30.06.14 30.06.14

    Ukraine is a maritime state on 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.more
  • Wrong Arbitration Clause Can Bring in Winning Award Lie Waste07.11.14 07.11.14

    As we know, foreign economic activity is governed by international law and national laws of states involved in such relationships. Sometimes in international trade contentious situations occur which require prompt and impartial resolution. Thus, international arbitral tribunals have become basic and universal mechanism for resolving such conflicts.more
  • General view on service providers’ liability in Ukraine02.09.14 02.09.14

    Ukrainian Law does not contain specific provisions as for the service providers’ liability. Such is regulated by general provisions stipulated by the law for the liability of the forwarders and/or the carriers and/or the warehouse operators as the case may be.more
  • International Commercial Arbitration and Maritime Arbitration in Ukraine in 201315.05.14 15.05.14

    International Commercial Arbitration Court and Maritime Arbitration committee at the Ukrainian Chamber of Commerce and Industry issued a report of the activities for 2013. These are independent permanent arbitration institutions (third-party tribunal) which activities are regulated by...

    more
  • Maritime arbitration: why mainly London?29.04.14 29.04.14

    A question often asked is “Why do so many parties choose London as the center for their arbitration in maritime contracts?” Nowadays business negotiates charterparties at very short notice usually just by a series of email exchanges.

    more
  • UKRAINE: Tips for enforcement of arbitral awards in maritime disputes31.10.13 31.10.13

    London maritime arbitration provides fast and cost-effective instrument for the settlement of maritime disputes. However, the enforcement of LMAA award in Ukraine may become a complicated procedure which requires certain efforts from the party seeking enforcement. 

    more
  • Tips on enforcement of foreign arbitral awards against state-owned companies in Ukraine27.11.13 27.11.13

    Ukraine is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York, 1958 (the New York Convention), provisions whereof  are incorporated in different legal acts of Ukraine.

    more
  • ACCORDING TO ARBITRATION - UNTIL YOU PAY YOU ARE NOT IN DISPUTE20.09.13 20.09.13

    The dispute between the parties arose with Sellers’ claim for the cost of goods supplied under a contract of sale, and damages incurred by the Sellers due to Buyers’ failure to meet his contractual obligations. Contract of sale among other things determined CPT (Incoterms 2000)… 

    more
  • Enforcement of foreign court interim decisions in Ukraine not so simple08.05.13 08.05.13

    Recognition and enforcement of foreign court decisions and arbitration awards in Ukraine has recently been quite interesting and hot issue. The court practice in Ukraine that has been formed during last few years proves that norms regulating the process of recognition and enforcement of foreign court decisions in Ukraine is not at all a declaration, but is actively used in practice.

    more
  • Navigating the Ukraine. Court system.02.03.07 02.03.07

    The Ukrainian business is a blend of the Soviet legacy and Ukrainian entrepreneurial spirit put in a rather complex legal framework. Business in Ukraine continues to go ahead and often presents unprecedented opportunities. The country has a well-developed industrial base, rich agricultural resources and is close to existing unused markets.more

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