Main page / Our cases

OUR CASES

Below you can find description of some cases conducted by our firm during the last few years.

1. Maritime (Admiralty) Law

2. International Litigation and Arbitration

3. Litigation in Ukraine

4. Commercial Law

5. Business and Investment Legal Services

6. Immigration Law

1. Maritime Law

Recovery of damage suffered due to the maritime accident in the interests of a US-registered cargo owner

A USA-registered company, owner of damaged cargo, addressed MBLS with the request to recover damage suffered as a result of a maritime accident. During transportation of soap in containers from Port Mersin, Turkey to Port Kherson, Ukraine, a vessel took a list, resulting in some containers falling in water and damaging of the cargo. Losses made up more than 900 000 US dollars (7 000 000 UAH). MBLS lawyers prepared a claim to the ship-owner, a law-suit to the Commercial Court of the Kherson Oblast, and also assisted in obtaining of a legal opinion of an English lawyer with regard to the procedure of application for payment of insurance compensation under the rules of relevant P&I club.

Ship arrest in a Ukrainian port as a security measure for a claim submitted in a foreign court

At the request of the Greek law firm, our lawyers conducted an arrest of a merchant ship flying under flag of DPR Korea in Port Mariupol as a security measure for a claim for compensation payment after a seaman’s death on board. As a result of prompt and effective ship arrest, the dispute had been settled shortly afterwards. While working on this case, our lawyers managed to obtain a court arrest as a security measure of a claim being considered by a foreign court, which is a very rare practice in Ukraine.

Ship arrest in the Ukrainian port as a security measure for a seamen’s claim for wages

A ship under the flag of Cambodia was arrested in Port Mykolaiv (Ukraine) according to a ruling of the competent Ukrainian court as a security measure for claim for wages filed by a group of crew members. In course of further court proceedings, the arrest had been lifted by the court. Our lawyers, however, appealed the lifting of the arrest in the court of appeals and obtained, and, further, executed a repeated arrest of the vessel, which by that time fled to Port Mariupol (Ukraine). Since then the arrest had been kept till the end of the court proceedings, which led to a settlement on favourable terms.

Release of a dredging convoy from arrest in Port Mariupol

Under instruction by another Ukrainian law firm, our lawyers protected interests of a Russian ship-owner during the release from arrest in Port Mariupol of the dredging convoy consisting of 4 vessels flying under the flag of the Russian Federation. Ships had been arrested as a security measure for a maritime claim. Our lawyers prepared the petition for cancellation of the security measures for the claim and represented client’s interests before Mariupol district court. MBLS lawyers managed to demonstrate the absence of due legal grounds for attachment of the dredging convoy, and also ensured safe leave of the convoy from the port.

Release of the ship from arrest in the Ukrainian port

A Liberian ship operator who freighted a vessel under the flag of the Russian Federation addressed MBLS with the request to release the ship attached by the Port Mariupol Harbour Master. The ship had been attached as a security for a maritime claim against the owner of the ship for returning of the vessel and replacement of crew. MBLS lawyers prepared and submitted an application demonstrating the lack of grounds for arrest, and assisted in further release of the ship.

Recovery of the additional damages in connection with death of a seaman

At the request of relatives of the deceased, our firm recovered additional damages from a Greek shipowner for the death of a seaman after an accident in the high sea. The recovered amount had been received in addition to the damages paid under the seaman’s employment contract. MBLS lawyers prepared documents for claim to a Greek court and, together with the Greek colleagues, represented client’s interests in courts and participated in the settlement of the dispute. As a result, the client has obtained an additional compensation based on the Greek seamen salary level.

Recovery of damages for a seaman’s injury on board

A client addressed our company with the request to recover compensation for an injury received on a vessel flying under Panamanian flag and belonging to the ship-owner registered in Nevis. MBLS lawyers legally established the fact accident through a court ruling, prepared a letter of demand to the ship-owner, and further submitted a lawsuit for compensation of the harm caused to health, simultaneously applying for and receiving a court order for arrest of the ship as a security measure. The ship-owner filed a counterclaim against the seaman for collection of damages allegedly caused by the latter, and a separate claim disputing the results of medical examination of the seaman. Our lawyers represented interests of the client in Mariupol district court, Donetsk Oblast (region) Court of Appeals, Donetsk Administrative Court of Appeals, and the Supreme Court of Ukraine. In the end monetary damages were ordered by the court in favour of the client-seaman, and all counterclaims were rejected.

Recovery of the crewmen's salary from the Greek ship-owner

Our company represented the interests of a merchant vessel crew in the dispute with the Greek ship-owner regarding recovery of non-paid seamen’s salary. Acting together with our Greek partner law firm, our lawyers arrested, and subsequently sold, a debtor’s vessel in Port Piraeus. The creditors’ rights were transferred to one of the Greek banks, thus enabling the crewmen to receive the outstanding debt before official distribution of the funds received from the vessel’s sale from auction. As a result of settlement, our clients received about 360 000 US dollars.

2. International Litigation and Arbitration

Protection of the interests of Ukrainian companies in international commercial arbitration

Our lawyers possess considerable experience in representing our Ukrainian client’s interests in international commercial arbitration proceedings in England, Sweden, Switzerland and Ukraine under the rules of UNCITRAL, London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC), Arbitration Institute of the Stockholm Chamber of Commerce (SCC Arbitration Institute), and International Commercial Arbitration Court (MKAS) at the Ukrainian Chamber of Commerce and Industry.

The disputes handled by our lawyers covered a wide range of legal and commercial issues, such as delivery of the goods and of various equipment, contracts on ships construction at the Ukrainian shipyards, provision of consulting services, issuance of a bank guarantee, and protection of foreign investments in Ukraine.

Our lawyers participated in development of a legal position on the case, selection and appointment of arbitrators, conducted the search and gathering of written evidence, search and preparation of witnesses, obtaining of expert opinions, involvement of foreign lawyers and coordination of their work, preparation and filing of procedural documents. Also, within the scope of arbitration work we have regularly analysed the possibilities for appeal (challenge) of arbitral awards at the place of their issuance, as well as possibilities for recognition and enforcement of foreign arbitral awards in Ukraine and abroad.

Collection of offshore company debts through litigation in Greece

The client requested legal assistance in collection of crewmen’s salary debts from the company registered in Marshall Islands. MBLS lawyers, together with the Greek colleagues, prepared a complaint against the founders of the shipping company demanding payment of the salary debt, overtime work charges, and differences between salaries provided by the employment contract and the Greek collective employment agreement, and filed the complaint to the Greek court. Further, our lawyers represented the client’s interests during proceedings in the Piraeus court. In addition to the civil lawsuit, our lawyers have initiated criminal charges against the founders of shipping company.

Protection of Ukrainian nationals suspected in committing of crimes abroad

MBLS organized legal protection of the citizens of Ukraine arrested in one of the Southern Asia countries accused of committing of grave crimes in the territory of that country. Relatives of the accused addressed our firm after they had learned about the arrests. MBLS promptly provided the accused with assistance of the competent Ukrainian Embassy and an honourable consulate of the country of detention, and also engaged a qualified local attorney for defence of the accused persons. Our lawyers made several attendances of the country of detention, gathering additional information on the case, inspection of detention conditions, state of health of the detained Ukrainian citizens, investigation progress and prospects.

The enforcement of the Ukrainian court decision and collection of the debt in Estonia

We have acted on the instruction of the Ukrainian client who wished to recover a debt from an Estonian company. With the use of special jurisdiction rules for such type of cases, MBLS lawyers submitted a complaint to the Ukrainian court. In course of the proceedings, we have also obtained an order of the Ukrainian court requesting the competent court of Tallinn to question the respondent’s officers. Despite objections of the respondent, the Ukrainian court issued a decision ordering the respondent to pay the debt. After obtaining of the decision, our lawyers, together with Estonian colleagues, prepared relevant procedural documents and procured the full and complete enforcement of the Ukrainian court decision in Estonia.

Enforcement of Ukrainian court decisions on recovery of the crewmen salary debt in Russian Federation

MBLS has been instructed by a group of Ukrainian citizens to enforce 22 Ukrainian court decisions against the Liberian ship-owner regarding the payment of salary debt to the crew of m/v «Star Lite» flying under the flag of Saint Vincent. The vessel had been arrested in Port Novorossiysk (Russian Federation) as a security measure. MBLS lawyers used the Convention on Legal Assistance and Cooperation signed by the countries members to the CIS, employing a simplified procedure for recognition and enforcement of court decisions, and also agreed with other creditors on assignment of claims. As a result, the debt had been effectively collected even before the sale of the vessel.

3. Litigation in Ukraine

Defence of a state enterprise against the claims for payment of port services

Our lawyers have represented a state-owned sea agency in a dispute with Port Kerch over payment of port charges and penalties for payment delay. MBLS prepared necessary procedural documents and represented interests of the client in the Commercial Court of Donetsk Oblast (Region), Donetsk Commercial Court of Appeals, the Higher Commercial Court of Ukraine and the Supreme Court of Ukraine. The courts finally dismissed all claims against our client.

Representation of a Mariupol gas supply and gasification company interests in dispute with one of the largest commercial banks of Ukraine

MBLS lawyers led over ten separate cases in the interests of the large Mariupol gas supply and gasification enterprise for return of the money from deposit accounts, compensation for the use of client’s money and penalties for a total amount of about 7,000,000 Ukrainian hryvnias (about 900,000 US dollars), with defendant being one of the largest banks of Ukraine. The case was very intense in terms of various procedural actions; in particular, our lawyers regularly had to neutralize illegal court rulings and decisions, issued by courts acting out of their competence and with manifest breach of jurisdictional and procedural rules. MBLS lawyers appeared on behalf of the client before the Commercial Court of Dnipropetrovsk Oblast, Commercial Court of Donetsk Oblast, Dnipropetrovsk Commercial Court of Appeals, the Highest Commercial Court, and the Supreme Court of Ukraine, and also successfully managed the enforcement of court decisions up to the money transaction to the client’s bank account.

Protection of an investor in a dispute over the contract on joint financing of construction of an apartment house in the Greater Yalta

The client addressed our firm after his contract for a joint financing of an apartment house construction had been terminated by Yalta City Court under the claim of the former partner of the client, one of the largest construction companies in Crimea. The construction company subsequently refused to perform its obligations on transfer to the investor of the property title to a part of premises in the apartment house erected in Masandra Village, Greater Yalta of Crimea. In order to defend the client’s interests, our lawyers submitted a new claim to the Yalta City Court. The respondent filed a counterclaim, and also initiated a number of parallel proceedings to hinder the main proceedings. As a result, our lawyers had to appear on behalf of the client in the Yalta City Court, Skadovsk District Court (Kherson Region), Primorsky District Court of Mariupol (Donetsk Region), Appeal Court of the Autonomous Republic of Crimea, and the Supreme Court of Ukraine. The litigation finished after the construction company signed a settlement agreement with the investor.

Protection of the land holder’s interests in a dispute with a construction company

Our lawyers represented a holder of a land plot in Kyiv in a dispute with the largest building holding in the Ukrainian capital. The disputable land plot was awarded by the Kyiv City Council to the building company for the purpose of construction of a block of multi-storeyed houses. MBLS lawyers appealed against the city council award and represented the land user’s interests in the Kyiv Commercial Court in dispute on the building company’s counterclaim for vacation of the land plot by the client. As a result of our work, the client continues to use the land plot.

Representation of the creditor’s interests in the bankruptcy proceedings

Our lawyers presented a large Mariupol steel trading company as the creditor in the case regarding bankruptcy (insolvency) of the one of the largest Ukrainian manufacturers and dealers of professional flooring and metal tiling. The Kyiv Commercial Court allowed the creditor’s claims and included the client to the register of creditors; currently the company’s assets are being liquidated.

Search of company assets in Ukraine

A liquidator of the British company addressed MBLS with the request to search the information about the company’s assets in Ukraine. Our staff conducted a comprehensive search of property and funds of the enterprise and provided the client with a detailed report.

4. Commercial law

Our lawyers have a vast experience in the sphere of drafting and examination of various contracts, including international commercial contracts, in particular, in the field of international trade (sale and delivery contracts), transportation (shipping and carriage contracts, chartering etc.), finance sphere (loan agreements, in particular, of loans from foreign lenders to Ukrainian companies).

Our lawyers are always ready to take an active part in negotiations and to develop legal mechanism which will meet and satisfy the client’s business needs and goals.

Legal assistance during negotiations about the delivery of crane equipment from China to Russia

Our lawyers participated in and facilitated negotiations between the largest Russian supplier of crane equipment for railway transport and Chinese machine-building corporation in Shanghai, CPR. These negotiations resulted in signing of a preliminary agreement on manufacturing of the equipment in China and delivery thereof to Russian Federation, and on establishment of a Russian–Chinese joint enterprise. MBLS lawyers also provided consultation with regard to the possibilities of establishing of the Russian company’s branch in Hong Kong.

5. Business and Investment Legal Services

Consulting on the issues related to foreign investment into Ukrainian ports

At the request of one of the leading world logistic companies, our lawyers researched and analysed different ways, possibilities, and procedures for creation of a processing zone in a form of technopark on the territory of one of the largest Ukrainian ports, including the issues of construction of the terminals for cargo storage on the territory of the port, as well as the customs’ licensed warehouses and warehouses of temporary storage.

Representation of an employer in a dispute on restoration of a dismissed employee on his position

We represented a Russian Joint Stock Company’s subsidiary in Ukraine in a dispute on restoration of an employee dismissed due to a single gross violation of the labour discipline and recovery of compensation for the period of dismissal. MBLS lawyers examined the materials of internal investigation, prepared a response to the claim, and represented client before relevant district court in Mariupol and further in the Donetsk Region Court of Appeals. The employee’s claim was dismissed.

Legal assistance in provision of financing from a Cypriot company to Ukrainian logistic company

Our lawyers assisted in provision of a foreign currency loan by a Cypriot holding company to its Ukrainian subsidiary, a logistic company. MBLS drafted and agreed with the parties the text of the loan agreement, and further prepared the relevant submission documents and represented the Ukrainian borrower during the obligatory registration of the agreement with the National Bank of Ukraine.

6. Immigration Law

Our firm provides regular support to our clients in obtaining of visas, residence permits for Ukrainian nationals in the EU countries and in other countries of the world. In certain cases we can assist our clients with obtaining of foreign citizenship, in particular in workers or business emigration to certain country of the world.

Similarly, we provide consulting and assistance in obtaining of work permits for foreigners in Ukraine, obtaining of residence permits for foreigners, obtaining of Ukrainian citizenship for foreigners.

We can also assist in official translation, legalization, or apostillisation of documents issued in Ukraine for the purposes of use abroad, as well as of documents issued in a foreign country to be used in Ukraine.