Ilyashev & Partners Managed to Release the Greek Shipowner’s Vessel from Chornomorsk Sea Port

The team of Ilyashev & Partners’ Odesa Office ensured the free departure of a vessel owned by a Greek shipowner that had been unlawfully detained at the Chornomorsk Sea Port upon completion of the loading operations of more than 12,000 tons of grain worth over USD 4 million.

As a result of delays in cargo clearance for more than two months, the vessel remained moored without permission to leave. The shipowner and his vessel became hostages of a conflict situation between the participants of the supply chain on one side, and the customs authorities on the other. This created significant risks and losses for the shipowner due to the forced detention of the vessel, possible damage to the vessel due to regular attacks on port infrastructure, cargo waste, etc.

The charterer evaded providing the shipowner with truthful information and each time promised a quick resolution of the issue, yet the vessel remained in port.

The Greek shipowner turned to Odesa Office of Ilyashev & Partners, requesting to conduct an independent investigation, within which negotiations with all interested parties were initiated, the actual reasons for the vessel’s detention were established, and the prospects of legal actions were assessed to ensure the prompt release of the vessel and recovery of demurrage.

The attorneys of Odesa Office of Ilyashev & Partners acted urgently and took a set of necessary measures, in particular:

• developed a legal strategy aimed at minimizing financial risks and resolving the conflict with the charterer and other participants of the supply chain;
• prepared and sent substantiated advocate enquiries to the Ukrainian Sea Ports Authority, the State Service for Maritime, Inland Waterway Transport and Shipping of Ukraine, Odesa Customs Office, the captain of the Chornomorsk Sea Port, and the ship agent to obtain official explanations, which allowed attorneys to promptly determine the actual reasons for the detention;
• identified the circle of potentially responsible persons and conducted negotiations with the interested.

As a result of investigation, as well as after conducting several rounds of tough negotiations with all parties to the conflict, the attorneys of Odesa Office of Ilyashev & Partners managed to secure the full payment of demurrage to the shipowner and the prompt release of the vessel. The dispute was settled at the pre-trial stage.

The case was handled by Sergey Nedelko, Attorney at Law, Counsel, Head of Odesa Office.