Arthur A. Nitsevych, Interlegal Ukraine nitsevych@interlegal.com.ua
Interlegal lawyers completed final case proceedings upon maritime casualty upon m/v «Norasia Taurus» in 2005. The Client refunded unused costs of guarantee security for cargo release, which resulted in 19 months of complex cooperation with Albatross Adjusters Limited, the general average dispatcher.
The case was complicated by the fact that, apart from loss of original dispatcher’s note (principal document required for successful cost refund), the company to whose account costs were refunded ceased to exist.
Interlegal experts of several departments led the case. Lawyers held negotiations with dispatcher, drafted documentary scheme of cost refund, while corporate lawyers operated on register of one of the European jurisdictions in company restoration and supported bank account opening procedure.
As the result, the Client received both principal balance amount and bonus in the form of interests for using funds kept at the dispatcher’s.
Maritime industry is full of challenged for cargo owners, seafarers and lawyer. Cost refund upon general average may last for several years but often results in success. In 2017, Interlegal lawyers refunded nearly 500 000 USD to 10 clients upon m/v «CMA CGM Verlaine» general average.
Also, last year Interlegal experts commenced leading m/v «MSC Daniela» cases.
Today Interlegal studies the recent fire accident on board of m/v «MAERSK Honam» in the Arabian Sea.
No one large shipping company is not insured against similar accidents. But Interlegal lawyers are ready to assist their clients in risk assessment and to mitigate risk effects in case of adverse circumstances.