Shipping
Arbitration remains at the heart of Fortior’s practice. We act on behalf of the parties in various arbitration institutions under the rules of the LCIA, LMAA, Gafta, FOSFA, SCAI, ICAC at the Ukrainian CCI and others.
We aim to minimize our client’s costs and offer effective solutions, such as appointment of a sole arbitrator, obtaining security for costs, conduct of remote hearings, etc.
Different experience and background of our lawyers allows us to handle disputes governed by different laws. In particular, our lawyers are admitted to practice in England and Wales, New York, Switzerland, Malta, Georgia and Ukraine. In addition, some of us are the arbitrators of the Caspian Arbitration Society (CAS) and we know the inner workings of arbitration.
We have also developed an arbitration guide for those interested in this sphere. The guide explains peculiarities of various procedural stages and includes templates of main documents in arbitration.
- LMAA arbitration concerning damages for detention claimed as a result of a vessel’s detention by a state security service, and involving issues of cargo liens and reasonableness of the proposed mitigation measures.
- Ad hoc arbitration concerning payment of freight for several vessels totalling nearly US$8 million.
- SCC arbitration worth US$5 million concerning payment of hire on the one hand, and damages for deviation, reduced speed / increased consumption, seaworthiness on the other hand, as well as the steps required to mitigate damages after allegedly unlawful termination of the charter.
- Ad hoc arbitration concerning the shipowners’ refusal to proceed to the Ukrainian port of Odesa due to insurance problems. The charterers argued that (1) the shipowners’ failure to procure insurance did not relieve them of their obligation to honor the charter, and (2) the shipowners were aware of the circumstances and risks when the charter was signed. The charterers incurred damages by the breach of their obligations to third parties and storage costs.
