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Moderators of the round table, Artem Skorobogatov and Nataliya Myroshnychenko, proposed the following issues for discussion: modes of liability limitation related to the parties of the carriage, problems of retention of the shipping documents by sub-contractors/agents, claims in case of detention/delay of the transport (containers), status and application of the House (Through) Bill of Lading, liability insurance of the parties to the carriage.
Taking into account that the format of the workshop was based on real cases of International Law Offices, all outlined issued became subject to a vivid discussion of all participants.
The most active were the following persons: Alexander Lazarev (Damko Ukraine), Alexander Zhakharov (Promtex), Vadim Tereschuk (GPK Ukraine), Alexander Chebotarenko (Maersk Ukraine), Dmitriy Balaban (Alfatrans).
A claim of the line to secure storage and demurrage payment in the port was quite an interesting issue of the event. This issue was commented in details by Alexander Chebotarenko, Head of the Legal Department of Maersk Ukraine.
Dmitriy Balaban, Director of Alfatrans, touched upon operation of the forwarding company as NVOCC. He shared his experience related to organization of through carriages and passed his opinion as for advantages and disadvantages related to issuance of the House Bill of Lading.
Essence of NVOCC activity as any other multimodal carrier is to carry the goods from door to door. It means that the whole process of carriage is controlled by one carrier. It is an essential advantage as for the ship owner as well as for the very carrier.
Upon termination of the workshop the participants continued their communication in an informal atmosphere at standing buffet.
International Law Offices would like to thank all participants of the event for interesting speeches. ILO advises to follow recommendations and assistance of legal consultants to avoid any possible risks and, as a result, incurrence of liability and risks.
One can say for sure that the annual meeting of participants of the transport process organized by International Law Offices becomes a traditional event of December.
International Law Offices also thanks information partners of the event:
GLAS TV channel, journals: Transport and Ports of Ukraine and Yuridicheskaya Gazeta, information portals: Transport Business of Ukraine, Maritime Business News of Ukraine, Istontransinfo, RISE Maritime Law.
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| 25 january 2010 Who is Who legal researching project indicated the individual private practice professionals and leading law firms 2010.
Partner of International Law Offices (Interlegal) Mykola Melnykov became one of three legal advisers from Ukraine listed in the 2010 edition devoted to the CIS countries law firms. Mykola Melnikov is the leading expert in sphere of shipping and maritime law in Ukraine.
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| 11 december 2009 The lawyers of International Law Offices, Vyacheslav Lebedev and Nadezhda Malanchiy, took part in theoretical and practical conference held on 10 December 2009 in Odessa National Maritime Academy (ONMA) named “Adaptation Problems of the National Legislation of Ukraine to International Seafarers’ Labour Standards”. There were analyzed the provisions of ILO Maritime Labour Convention dated 23 February 2006 and national legislation of Ukraine. The participants of the conference with a keen interest received reports of the lecturers and postgraduates of the Maritime Law and Management Department (ONMA). The discussions were dedicated to the rules fixed by the abovementioned Convention and their correlation with the rules stipulated by the labour laws of Ukraine.
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| 11 november 2009 Partner Olena Losevska joined the team working over the TRACECA TEN-T Project in Ukraine. She was involved into the project as legal assistant. Mrs. Losevska provided the EU Commission with the issues on private investments in Ukrainian ports and PPP viability as well as the prohibitions and difficulties connected with the procedure of implementation of investment. (The details on how to invest in Ukraine ports see in publications directory on the web-site). The contributed investigation is to assist how to establish appropriate funding mechanisms.
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| 21 october 2009 A new article of Arthur Nitsevych was published on 10.20.09 in dehnenblog.com. 'Milestones of Corporate Governance in Ukraine'
The Global Corporate Governance News a new international platform for sharing knowledge in the corporate governance community.
Yours,
Peter H. Dehnen
www.dehnen.com
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| 20 october 2009 Hereby we inform you about a Second Circuit case decided on October 16, 2009, The Shipping Corporation of India Ltd. v. Jaldhi Overseas Pte Ltd., which severely limits the scope of the type of property that may be attached pursuant to Rule B. The Court, in sum and substance, held that “electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B.” Since EFTs are no longer considered property of either the originator or the beneficiary, it cannot be “defendant’s property” subject to Rule B attachment.
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