Mashchenko and Partners assisted the Client - a Ukrainian cargo owner importer of South African wine to obtain compensation from the Danish carrier - Maersk A/S for the cost of damaged/lost cargo of beverages, which was transported from the port of Cape Town to the port of Gdansk.
The incident occurred on August 07, 2024. During cargo operations in the port of Rotterdam, several containers were damaged, including those with wine belonging to the Client.
The case was complicated by the lack of cargo insurance, the limitation of the liability of the forwarder and carrier in accordance with the terms of contracts and international maritime law, and the expiration of the term for applying to court to recover compensation from the carrier.
We considered and evaluated options for recovering compensation for cargo damage from a Ukrainian forwarder, a Danish shipping carrier and a stevedoring company in Rotterdam.
Ultimately, as a result of negotiations conducted by us with the carrier, we managed to reach his agreement to pay the Client compensation for the damaged/lost cargo. The carrier (Maersk) voluntarily agreed to pay the Client compensation in the amount agreed upon by the parties.
Such a settlement agreement allowed the Client to avoid the costs of litigation in Ukraine and the UK (in accordance with the jurisdiction chosen under the contract of carriage).
In our opinion, a settlement agreement and its rapid implementation is the best way to resolve commercial disputes.
We are grateful to the Client for his constructive cooperation, to the lawyers of Mashchenko & Partners and to the British colleagues from Rosling King for their highly professional work and resolution of complex tasks.