AGA Partners successfully represented a Ukrainian trading company in maritime London-based arbitral proceedings over a claim for damages against the Owners.

During the performance of a Charterparty the dispute arose between the Parties as to the liability of the Client for alleged detention accrued on at Sulina anchorage (Romania), whilst the Vessel was waiting for her passage to Ukrainian loading ports of Danube. The Owners claimed over USD 200,000.00 of detention from the Client.

At Turkish port of discharge, the Owners exercised lien on Cargo of the Client to secure their detention claim. The lien was successfully protested by the Client, but it caused the Client’s buyer of the Cargo to reject it and terminate the relevant contract for sale. The Owners’ lien caused damages to the Client for a large sum. The Client referred the matter to a London-based maritime arbitration.

The crux of the dispute related to the legality of the Owners’ claim for the detention allegedly accrued on at Sulina anchorage, which the Owners enforced by way of the lien at Turkish port of discharge. The position of the Client was simple – the Owners possessed no valid claim for the detention because Sulina anchorage was not a usual waiting place for Ukrainian Danube ports. The lien was also invalid and caused consequential damages to the Client, which had to be reimbursed.

Various pieces of evidence, including the one collected from port authorities, were submitted to assist the Tribunal in reaching the right decision at the case.

After careful consideration of the case, the tribunal satisfied the Client’s claim finding that Sulina anchorage was not a usual waiting place for Ukrainian ports of Danube and the Owners’ detention claim with the lien were both unlawful. The Tribunal satisfied the Client’s claim for damages so suffered as a result of the unlawful actions of the Owners.

The AGA Partners’ team was represented by partners Ivan Kasynyuk and Iryna Moroz, as well as senior associate Yurii Bedenko.