Today, in the port of Huelva, Spain, two trawlers – Yuosas Alexonis and Trawlmeister Mogutov, were returned to their legal owner, Russian State company Archangelsk Trawler Fleet (ATF), after being misappropriated in 2004 by the international group headed by the Mauritanian businessman Abass Bugurbal. The interests of Archangelsk Trawler Fleet were represented by EPAM.
On 9 June 2006, the Arbitration Court of Murmansk Region, Russia, has ordered a Mauritanian company Société de Promotion de la Pêche (SPP S.A.) to return the misappropriated trawlers to their Russian owner, Archangelsk Trawler Fleet.
On 24 October 2007, the Commercial Court of Huelva, Spain, upheld its previous decision and on 29 November 2007, issued an order for the compulsory transfer of the ships as the deadline for their voluntary transfer passed.
Today, after 3 years of illegal operation under foreign command, each ship has finally took aboard its Russian crew and raised the flag of Russian Federation. Both ships will soon be returned their original Russian names. Today’s transfer ceremony was attended by the representatives of the ATF, the Russian Federal Ministry of Property Management, Russian Counsel in Seville and the lawyers of EPAM, who participated in recovering the trawlers.
The third trawler, Captain Kononov, currently named Atlantic Shark, is under arrest in Namibia by request of the Russian side. The company believes that today’s event will determine the fate of the third vessel.
Dimitry Afanasiev, the member of the Partners' Committee of EPAM, commented: “A European court paying respect to the decision of a Russian court is a major precedent. Protection of the legitimate interests of the Russian Federation abroad, including through litigation, is fundamental to the strong stance of our country in foreign affairs”.
Background:
In June 2004, three Russian vessels - Kapitan Kononov, Yuozas Aleksonis and Tralmeister Mogutov, were arrested while fishing in Mauritania. The arrest was caused by a lawsuit brought in by the Mauritanian company Societe de Promotion de la Peche (SPP) against Russian company Archangelsk Trawler Fleet, which was accused of failure to repay an alleged debt of USD 13m. Further investigation showed that the documents submitted by SPP as evidence of the debt had been forged. The ownership of the trawlers was later transferred to Abass Boughourbal, a Mauritanian businessman. Archangelsk Trawler Fleet is 100% owned by the Russian Federation and represented by the Russian Federal Ministry of Property Management.
About EPAM
EPAM is the leading national law firm in Russia with offices in Moscow and St. Petersburg. The firm has an associated office in the U.K., EPAM LLP, to ensure a seamless service to clients both inside and outside Russia. Since inception in 1993 EPAM has excelled in a wide range of practice areas including corporate and M&A, litigation and arbitration, regulatory issues, intellectual property, tax and finance and now advises major Russian and international clients as well as the Russian Government. The firm also regularly serves as Russian counsel to leading international law firms.
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Olga Frolova
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