ship arrest in ukraine 2012

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Odessa ~ Kiev ~ Nikolayev Lexcellence Law Firm

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Page 1: Ship Arrest in Ukraine 2012

Odessa ~ Kiev ~ NikolayevLexcellence Law Firm

Page 2: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The 1952 Ship Arrest Convention By The

Ukraine

Page 3: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Page 4: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

OdessaIlyichevsk

Yuzhny

Ukrainian Ports:

Page 5: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

OdessaIlyichevsk

Yuzhny

Nikolaev Kherson

Oktyabrsk

Ukrainian Ports:

Page 6: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

OdessaIlyichevsk

Yuzhny

Nikolaev Kherson

Oktyabrsk

Ukrainian Ports:BerdyanskMariupol

Page 7: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

OdessaIlyichevsk

Yuzhny

Nikolaev Kherson

Oktyabrsk

Ukrainian Ports:BerdyanskMariupol

Yevpatoria Sevastopol

Yalta Theodosia

Kerch

Page 8: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

OdessaIlyichevsk

Yuzhny

Nikolaev Kherson

Oktyabrsk

Reni Izmail

Ukrainian Ports:BerdyanskMariupol

Yevpatoria Sevastopol

Yalta Theodosia

Kerch

Page 9: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

“Facts are stubborn, but statistics are more pliable.”Mark Twain

Page 10: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Overall Ranking is 152 out of 183 countries

Page 11: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Overall Ranking is 152 out of 183

countries

Page 12: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Introduction To The Ukraine

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

“When I was a boy I was told that anybody could become President; I'm beginning to believe it.”

Clarence Darrow

Page 13: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

The Convention will enter into force on the territory of Ukraine in 13 days, on May 16, 2012.

No detailed procedure concerning ship arrest was adopted by the Ukraine.

The Convention in its original text has been given force of law by the Ukrainian Parliament.

Page 14: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

“My mechanic told me, "I couldn't repair your brakes, so I made your horn louder.””

Steven Wright

Implementation Of The Convention

Page 15: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

The Claimant is required to provide a prima facie evidence of his claim.

For what claims can an arrest be made?

Legal connection between the ship and defendant is to be established

Maritime claims

Non-maritime claims

Page 16: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Arrest to found jurisdiction in Ukraine.

A ship can be arrested in respect of a claim against the bareboat/demise charterer.

Period of time to be granted by the Courts in order for the claimants to take legal action on the merits.

Defendant is domiciled in UkraineProprietary claims relating to the possession of ship, title to ownership.

Loss of life of resident of Ukraine or accident in Ukraine

Damage caused by ship in Ukraine to a property

Page 17: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Arrest for claim against manager or operator

Counter-security in order to arrest a ship

Caveat against arrest is not applicable

Page 18: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Documents for presentation of claimant’s interests in a court.

Type of security required in order to obtain the release of the ship.

Cash deposit

Bank guarantee

P&I Club’s LOU

Page 19: Ship Arrest in Ukraine 2012

May 2-3, 2012New York, USA

The 9th Annual Shiparrested.com

Conference

Implementation Of The Convention

Implementation Of The 1952 Ship Arrest Convention By The Ukraine

Acknowledgement of a wrongful arrest:- Arrest cancelled by a

court.- The claimant fails to commence proceedings on the merits.- The claimant recalled his claim.- The claimant fails in his legal action on the

merits.

Page 20: Ship Arrest in Ukraine 2012

Odessa ~ Kiev ~ NikolayevLexcellence Law Firm