In late June of 2003, I received an e-mail from Daniel Harris, who introduced himself as maritime attorney from Seattle. He experienced identified me by means of the internet and was inquiring me regardless of whether I was enthusiastic about serving to arrest transshipped cargo in Dalian.I replied to him straight away and sent him some relevant provisions regarding cargo arrests underneath China legal procedure. He was quite happy with my prompt and handy reply and we quickly were being Doing work together on the case. He afterwards informed me he was so impressed with my responses that he had picked me about various other lawyers in the course of China.
Temporary of the situation
OOO Bolshoretskoe is really a Russian fishing enterprise that sold 400 A ton of pollock worth about US$ 700 000 to Alimex Seafood A/S, a Danish company. The pollock was scheduled for being transshipped from Dalian to Europe. Alimex had not but paid Bolshoretskoe for your item. Bolshoretskoe owed Daxin Petroleum Pte, Ltd., a Singapore fuel supply business, around US£four hundred,000 for gas. M/V IVAN POLZUNOV, the vessel carrying the pollock, was scheduled to phone on Dalian on 4 July, 2003. Our endeavor was to seize the pollock for Daxin to have Bolshoretskoe to pay its debt.
Bolshoretskoe’s personal debt to Daxin arose in July and December, 2002, when Daxin provided bunker goods for two Russian fishing vessels, TOSNO and PHOENIX. To secure these fuelings, Bolshoretskoe signed a warranty letter to Daxin where “Bolshoretskoe assigns all receivables resulting from production, deliveries and selling of Salmon or Pollock on/from board of F/T PHOENIX in favor of Daxin for the level of the bunker provide. In addition, Bolshoretskoe agrees that residence title to salmon or pollock items masking the amount of the bunker shall move to Daxin instantly upon processing and/or storage of the solutions on board of PHOENIX.
Daxin wasn’t paid out on its two gasoline deliveries, and Bolshoretskoe was refusing to pay for. It really is believed the TOSNO and PHOENIX owed a put together complete of all over $twenty million in unpaid personal debt to various creditors.
Intensive and orderly preparation for cargo arrest
Soon after finding out the relevant documents and analyzing the complete heritage of the situation, we established that either Bolshoretskoe or Alimex would shell out Daxin if we arrested the cargo in China. So we set about to just do that.
Initial, we ready all needed authorized documents pursuant to Chinese law. Due to the various different lawful devices and languages concerned (China, Russia, Singapore and The us), our preparations were extremely time intensive. As we had been making ready our documentation and firming up our methods, Dan was also making ready to return to Dalian.
On the other hand, the working day in advance of Dan was to leave The us, he learned the pollock’s transportation vessel, the IVAN POLZUNOV, experienced secretly transformed its plans in an effort to stay clear of arrest. It would not be calling Dalian on July 4, 2003; It might be contacting Qingdao on July eight, 2003. Because all legal documents had been well prepared with the Dalian Maritime Court docket, Bolshoretskoe’s alter in designs necessitated we entirely transform our plans also. With time a lot on the essence, we requested Sunfanlong, who will work in Qingdao Wincon legislation organization, to operate with us and we transferred all legal documents to him.