LEXCELLENCE
Email: v.mallayev@lexcellence.com.ua
Website: www.lexcellence.com.ua
2, Chernomorskaya Str., office 15
Odessa 65014
Ukraine
Tel: +38 048 784-97-89
Fax: +38 048 784-97-92
10. Do your Courts require counter-security in order to arrest a ship?
The Courts may require counter-security as a prerequisite for arrest of a ship, but in practice it happens rarely. The better evidences are arranged and presented with the claim to the court the more chances to avoid the payment of counter-security.
11. Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien?
There is no procedural difference in respect to arresting a ship for maritime claim and a maritime lien.
12. Does you country recognise maritime liens? Under which International Convention, if any?
Yes, Ukraine ratified the International Convention on Maritime Liens and Mortgages (Geneva, 1993) on 22.11.2002.
13. What lapse of time is required in order to arrest a ship since the moment the file arrives to your law firm?
Two-three business days will be required in order to arrest a ship.
14. Do you need to provide a POA, or any other documents of the claim to the Court?
As a rule a POA duly legalized/apostilled and translated into Ukrainian is to be presented to the Court and the State Enforcement Service of Ukraine. However within the civil and commercial court proceedings it is sufficient to present a warrant that was issued by a corresponding Bar of Association along with extract from a contract certified by an attorney and his client.
We need all documents relating to the claim which are in possession of the plaintiff, – the presence of the evidences may help to avoid a payment of counter-security to the Court.
15. What original documents are required, what documents can be filed electronically, what documents require notarisation and/or apostille, and when are they needed?
The Court may require an original or its notarized and legalized copy of any document the plaintiff referred to in his claim.
We recommend arranging of most important evidences (contracts, BLs, charter parties etc) in original or its notarized and legalized/apostilled copies. Other copies can be certified by the plaintiff’s corporate seal and signature. In case your Ukrainian attorney received a document in original he may hold the original in his office and present the copy certified by him to the court.
Documents can not be filled electronically. Original Power of Attorney has to be notarized, dully legalized/apostilled and translated into Ukrainian.
16. Will your Courts accept jurisdiction over the substantive claim once a vessel has been arrested?
No, they will not. At present there is an important prerequisite that must be met to get an arrest of a ship – a Ukrainian court has jurisdiction on the claim on merits. So it is impossible to arrest a vessel without having a jurisdiction over the substantive claim.
17. Which period of time will be granted by the Courts in order for the claimants to take legal action on the merits?
Proceedings within civil jurisdiction: The petition to arrest a ship has to be submitted to a court of common jurisdiction on the same day of filling a statement of claim, or later during the civil proceedings.
Proceedings within commercial jurisdiction: Pursuant to the Art. 43-3 (3) of Commercial Procedure Code of Ukraine a plaintiff must commence legal actions on the merits within 5 (five) days from the day of obtaining the arrest order.
18. Do the Courts of your country acknowledge wrongful arrest?
Yes, the Ukrainian Courts on request of defendant acknowledge a wrongful arrest in case of:
(a) The arrest is cancelled by the decision of court.
(b) The claimant fails to commence proceedings on the merits within the given time.
(c) The claimant recalled his claim.
(d) The claimant fails in his legal action on the merits.
In case a wrongful arrest is acknowledged defendant may claim to an initiator of arrest to cover all losses and damages incurred.
19. Do the Courts of your country acknowledge the piercing and lifting of the corporate veil?
No, Ukrainian Courts do not acknowledge the pierce and lift of the corporate veil. The basic principle of civil law is that a shareholder or director/officers of a corporation could not be held liable for any debts or liabilities of the corporation.
20. Is it possible to have a ship sold pendente lite; if so how long does it take?
No. A vessel’s auction will take place only after the end of court proceeding as an enforcement of the final court judgment entered into force.
