International sea carrier of containers applied for Interlegal defense under the dispute considered by the Ukrainian court. Its claims arose from the Charter Party allegedly concluded between the Claimant and the Client.
While drafting a statement of defense, Interlegal lawyers detected numerous flaws and errors in the Claimant’s statement of facts serving as grounds for claims.
In particular, statement upon the Charter Party between the Client and the Claimant did not correspond to actual circumstances, while the Client’s agent in Ukraine did not act as its representative.
In the statement of defense, Interlegal lawyers paid the court attention on the Claimant’s unjustified statement on the Ukrainian jurisdiction in respect of dispute settlement with the Client’s agent in Ukraine engaged in case proceedings. Lawyers also detected incorrect legal assessment of actual circumstances and unjustified application of international regulatory acts non-ratified by Ukraine.
Based on arguments in the statement of defense, the court closed case proceedings at the first hearing, due to the dispute immunity.
Therefore, Interlegal lawyers justified that the dispute is not subject to the Ukrainian court jurisdiction and defended the Client’s interests as soon as possible.
Interlegal lawyer Mikhail Selivanov and junior lawyer Julia Kubarskaya, under the general supervision of senior lawyer Karyna Gorovaya, led the case.