Interlegal experts, acting in the Client’s interests,
initiated proceedings upon enforcement of the award made by Maritime
Arbitration Commission at the Ukrainian Chamber of Commerce and Industry. In
the framework of proceedings, sea-going vessel located in Ukraine and belonging
to the debtor – a foreign shipowner, was arrested as claim security.
Interlegal experts provided complex defense of
claimant’s interests and, pursuant to Article 154 of the Civil Procedural Code
of Ukraine, secured replacement of the arrested vessel by another debtor’s
vessel also located in Ukraine. Both debtor’s vessels are sister ships. Due to
actual circumstances, namely the arrested vessel repair completion and the
second vessel repair, the debtor is allowed to operate the released vessel for
the purpose of business activity, income receiving and debt recovery under the
international arbitration award.
It is the first case of replacing the subject of
arrest, i.e. sea-going vessel, in Interlegal practice and one of the few cases
in court practice of Ukraine.
Natalya Myroshnychenko, the associated partner, Olena
Ptashenchuk and Mikhail Selivanov, the lawyers, are working upon the case.