Represented a leader in sea container shipments in a case over demurrage.
Represented the client, a leader in sea container shipments, in a case over demurrage. Our lawyers won the case in courts of three levels for the recovery of freight and demurrage of containers. The client applied a maritime lien (a restriction of the rights of the opposing party under the contract (the debtor) to use and dispose of the cargo). In the court of cassation the other party attempted to play a trick and challenge the judgment on behalf of a third party which was not previously involved in the proceedings. It insisted on having a priority lien over the cargo that had been kept and seized by a court order. The court of cassation sustained our position and took the side of our client by pointing out that the lien could only be terminated if the following conditions are met: 1) the debt is repaid; 2) further to the will of a person that retains the cargo. Since no other methods are provided by the law, the lien over the cargo does not infringe the rights of third parties.