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| World Link for Law spring 2009 |
Bulletin #6 2008 |
#2 2006 |
#1 2004 |
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| 20 october 2009
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Hereby we inform you about a Second Circuit case decided on October 16, 2009, The Shipping Corporation of India Ltd. v. Jaldhi Overseas Pte Ltd., which severely limits the scope of the type of property that may be attached pursuant to Rule B. The Court, in sum and substance, held that “electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B.” Since EFTs are no longer considered property of either the originator or the beneficiary, it cannot be “defendant’s property” subject to Rule B attachment.
The decision suggests that the attachment of EFTs has “threatened the usefulness of the dollar in international transactions.” In attempting to avoid Rule B attachments, many potential Rule B defendants conduct their cross-border transactions in a currency other than U.S. Dollars, causing a reduction in the use of the dollar as the preferred currency of international commerce. The large volume of maritime cases was filed between October 1, 2008 and January 31, 2009 and the resulting burden has been placed on the banks and the District Court Judges. The Court’s focus on the aforementioned reasoning and its weak legal rationale for reaching its conclusion lead us to believe that this was a result-driven decision and that the Court has succumbed to intense pressure from the garnishee banks to put an end to Rule B attachments of EFT transfers transiting through New York.
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| 30 september 2010 Our Russian partner Eberg, Stepanov & Partners invites the companies being interested in sharing experience in the sphere of the legal practice and economic development of the civilized legal market of the Southern Russia to participate in the III Annual Forum Legal Business in the South of Russia to be held on 07 October 2010 in Rostov-on-Don.
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| 26 september 2010 Fairway (Ukrainian journal) published a new article Commercial Use of Yachts, No.4, August 2010.Authors: Nikolay Melnykov (Senior Partner) and Nadezhda Malanchiy (Lawyer).
‘…Pursuant to the legislation of some countries and requirements of the Shipping Registers the yacht can be registered in the Shipping Register as a pleasure or commercial yacht.
Full text see here (only in Russian)
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| 25 august 2010 International Law Offices under the support of the Nautical Institute of Ukraine and Odessa National Maritime Academy developed a programme of seminars and master classes based upon the cases from the practice of our law firm for the senior students of 2009-2010.
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| 11 august 2010 On 5 August 2010 at 02:00 p.m. International Law Offices together with the Marine Transport Bank and the audit company Baker Tilly Ukraine held a seminar for their clients.
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| 03 august 2010 Logistics Platform Ltd. is the partner and co-organizer of the events and conferences. The purpose of the partnership is to provide a platform of experience exchange and cooperation development support between national and international transport & logistics community.
logisticsplatform.com.ua
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