When discharge goes wrong: how we protected the shipowner from losses at the seaport of the Netherlands
24 April, 2025
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Recently, one of our clients, a shipowner, faced a situation that often becomes a challenge for shipping companies. In the process of discharge at the seaport of the Netherlands, a bobcat lowered into the hold accidentally damaged the wall between the hold and the ballast tank, having caused serious damage to the vessel, additional costs in the port and the need for repair.
From the first hours of the event, Interlegal law team took control over the situation: we provided prompt legal advice, organized initial assessment of the damage and formed a legal position. According to the Charter Party, the charterer shall be responsible for the process of discharge, so it was the charterer who had to reimburse the incurred losses.
However, the charterers were in no hurry to respond and avoided communication. In such cases, it is important not to delay – so, we took decisive action by sending an arbitration notice.
This step clearly showed our readiness to defend the client till the end and therefore it became a turning point. The opposing party changed tactics, and the parties were able to reach amicable settlement on terms that fully satisfied our client.
In this case, we not only defended the shipowner’s interests, but also helped to avoid long-term disputes and unnecessary expenses that often accompany such incidents. Interlegal lawyer Dmytro Karetnikov and managing associate Taras Dragan, managed by partner Karyna Gorovaya, led the case.
