Ukrainian Supreme Court Judicial Practice in Cases Arising from Disputes between Foreign Shipowners or Protection and Indemnity Clubs, and Seafarers or Seafarers’ Next of Kin

Abstract

The article analyses Supreme Court judicial practice in cases arising from disputes between foreign shipowners, protection and indemnity clubs, seafarers or seafarers’ next of kin. Ukraine is among the top five states who provide seafarers working on board vessels flying overseas flags. According to different assessments, the number of Ukrainian seafarers working on board foreign shipowners’ vessels may vary from 80,000 to 100,000 persons. This results in a significant number of cases considered by Ukrainian courts where the plaintiff is a Ukrainian seafarer or his/her next of kin, and the defender is a foreign shipowner and/or protection and indemnity club. Examining the peculiarities of these disputes is the aim of this research. Particular attention is devoted to the application of overseas states’ law by Ukrainian courts of different instances, as well as the procedure of establishing the content of its provisions.

Keywords

• supreme court
• court disputes
• protecting seafarers’ rights
• shipowner
• maritime claim
• maritime activity
• genuine link
• foreign state law
• duties of the flag state
• ukraine