News date: 5 October 2020
Sergey Nedelko, Head of Odesa Office of Ilyashev & Partners, delivered a report entitled “Practical application of the club guarantee to ensure compliance with the requirements of the State Environmental Inspection of Ukraine: Novelties 2020” at the seminar “Maritime Business during the COVID-19 Pandemic” held on 01 October 2020 in Odesa. The annual event was organized by Odesa Region branch of the Ukrainian Bar Association (UBA), the Maritime Law Committee of the Ukrainian National Bar Association (UNBA) and the Transport Law Committee of Odesa Region Bar Council.
In his speech, Sergey Nedelko shared his experience from the legal support of the case on vegetable oil spillage in the port of Mykolayiv in July 2020 as a result of an incident with bulk carrier NEW CHALLENGE, as well as the successful release of the vessel against the guarantee letter of P&I club.
“It has been the first time when the State Environmental Inspection of Ukraine has accepted the club guarantee as the sole and adequate security of fulfillment of the maritime environmental pollution claim”, – Sergey Nedelko pointed out. – “As a result, the shipowner managed to avoid suffering huge losses associated with the vessel demurrage”.
Sergey also urged the need for legislative regulation of the legal status of guarantees of P&I clubs in Ukraine according to the worldwide maritime practices, and expressed hope that the State Environmental Inspection of Ukraine will continue to demonstrate a consistent approach towards the settlement of similar problems.
The participants of the seminar discussed trends in resolving disputes in international business sphere, judicial precedents of putting vessels under arrest in Ukraine in 2020, litigation proceedings and activities of maritime arbitration bodies during the ongoing pandemic, as well as topical issues of recognition and enforcement of international arbitration awards.
Speakers at the event were represented by the lawyers of leading Ukrainian law firms specializing in the sphere of maritime law and international trade.