News date: 16 February 2022
The team of lawyers of Odesa Office of Ilyashev & Partners Law Firm ensured the free departure of the vessel chartered by the Italian company for the exportation of three thousand tons of corn of Moldovan origin via Reni Sea Port (FOB).
The Italian charterer, acting also as the buyer of the goods, approached the lawyers of Odesa Office of Ilyashev & Partners to clarify the situation regarding the long delay in clearance of the vessel, which was already loaded with goods valued almost USD 700,000.
What made the matter more complicated was the fact that, according to preliminary estimates by an independent surveyor, the corn moisture exceeded the acceptable parameters, which resulted in the risk of complete or partial damage to the cargo in the ship’s holds. In addition, the vessel detention caused the significant amount of demurrage, settlement of which was on the charterer’s account.
The attorneys of Odesa Office of Ilyashev & Partners exercised the most urgent set of measures necessary to reveal and eliminate the reasons for the delay in obtaining Port Clearance while all the necessary documents for leaving the port were available.
It turned out that the reason for the vessel detention in the port was a commercial conflict between the primary supplier and the intermediary seller from which the Italian charterer purchased the goods. The intermediary seller simply failed to pay for the goods to the primary supplier, which managed to exercise its right on lien over the cargo in the port before the vessel sailed. At the same time, the Italian company did not have any contractual relations with the primary supplier, and its financial obligations to the intermediary under the Contract were fulfilled in full. The situation was complicated by the lack of assistance on behalf of the ship agent who acted in the position of a conflict of interest.
As a result of filing the motions, complaints and claims, as well as after conducting several rounds of tough negotiations with all parties to the conflict, the attorneys of Ilyashev & Partners managed to guarantee free departure of the vessel with cargo on board within five days after being involved. According to preliminary data, the cargo is in the satisfactory condition.