UPD: Marine accident – a sort of traffic accident with ship arrest
13 September, 2023
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Our case on ship arrest in Reni due to vessel collision is being continued: let us share brilliant news!
We remind that the dispute occurred due to collision of vessels flying under the flags of Malta and Romania, both berthed at the Reni Commercial Sea Port. Interlegal represents interests of the suffered company, i.e. Maltese shipowner.
Previous news concerned ship arrest: for that period lots of events took place.
Cancelling ship arrest and deposit to the court
Immediately after ship arrest the opposing party applied an effective tool in the form of cost deposit to the court’s account as claim security. Since it is an imperative regulation, we had no objections. But later the opposing party tried to cancel deposit too and such attempt had no results, since our law team provided to the court clear arguments upon impossibility to commit such action.
Lawsuit
Following ship arrest, the court fixed a 30-day term for filing a lawsuit. Of course, our law team took it into account and filed a statement of claim on loss recovery. A vital document attached to case file was the Act of Maritime Accident Investigation that recognized the opposing party’s fault in full.
Interlegal also desired to conduct claims handling regarding transport & goods (fixing the vessel cost due to collision) and economic feasible study (fixing correctness of cost calculation). The court supported our wish and satisfied our claims in full.
Appeal
However, the opposing party, having disagreed with first instance court decision, contested two awards at the appellate instance, namely on ship arrest and on rejection to cancel deposit. Having listened to both parties’ arguments, the court supported the victim and rejected satisfying the appeal.
Cassation
Third attempt to cancel judicial awards was also unsuccessful. Apart from first instance court decision, the opposing party also contested order of the appellate court. However, having updated previous arguments and having added the new ones, our law team won the case proceedings.
Also, we have facilitated claim security: funds have been deposited to the court’s account, awaiting for making court decision on the merits.
Interlegal law team led the case: associate attorney Taras Dragan, junior lawyer Mariia Kalashnikova, managed by associated partner Karyna Gorovaya.
