Alexander Varvarenko, Varamar Shipping DMCC, SHIPNEXT: A Cease-and-Desist Letter Instead of Answers

SHIPNEXT has formally responded to my notification concerning Alexander Varvarenko, who is publicly presented as the company’s founder.

My communication did not allege that SHIPNEXT was contractually liable for the outstanding brokerage commission. Nor did I claim that SHIPNEXT was a party to the underlying maritime transaction.

The purpose of my message was straightforward: to notify SHIPNEXT’s management of a documented commercial dispute involving its publicly identified founder and to clarify his current role within the company.

Instead of addressing those questions, SHIPNEXT issued a broad cease-and-desist demand.

What SHIPNEXT demanded

In its response, SHIPNEXT stated that it is a separate legal entity and is neither a party to the dispute nor responsible for the outstanding commission.

The company demanded that I:

• stop sending communications concerning SHIPNEXT;
• refrain from contacting its employees, investors, customers, partners and other business relations;
• stop publishing statements connecting SHIPNEXT with matters involving Alexander Varvarenko and Varamar Shipping DMCC;
• preserve correspondence, messages, publications and other records.

SHIPNEXT also warned of potential claims involving alleged defamation, reputational damage, interference with commercial relationships, harassment and financial losses.

The company further stated that Alexander Varvarenko had initiated criminal proceedings and that a competent court was allegedly seized of the matter.

A complaint, allegation or investigation, however, is not a judicial finding of wrongdoing.

SHIPNEXT did not identify any particular publication or statement that had been judicially determined to be false or defamatory.

The commercial issue remains unresolved

Nothing in SHIPNEXT’s response changes the underlying commercial facts.

The dispute concerns an unpaid brokerage commission arising from the “Bohwa Amoy” project involving cargo transportation from India to Algeria.

According to the contemporaneous correspondence, after the broker introduced and supported a commercially successful transaction for Varamar, Alexander Varvarenko personally chose to characterise the entire earned commission as a “fine” rather than arrange its payment.

I do not accept that such a unilateral measure had any contractual or legal basis within the English-law framework governing the commercial relationship.

The commission remains unpaid.

SHIPNEXT is not being presented as the debtor

For the avoidance of doubt:

• I have not claimed that SHIPNEXT is contractually responsible for paying the brokerage commission;
• I have not claimed that SHIPNEXT participated in the underlying maritime transaction;
• I have referred to SHIPNEXT because Alexander Varvarenko is publicly presented as its founder and publicly available corporate sources directly connect him with the company.

The issue is therefore not whether SHIPNEXT owes the commission. It does not.

The issue is whether persons with a legitimate interest — including executives, investors, business partners and industry organisations — should be informed of documented conduct involving a person publicly associated with the company.

Public image and documented conduct

Alexander Varvarenko has publicly promoted an image of himself as a mentor, entrepreneur, maritime innovator and responsible business leader.

In my view, there is a serious inconsistency between that carefully constructed public image and the documented decision to impose a unilateral “fine” equal to the entire brokerage commission earned by the broker who contributed to a profitable transaction for Varamar.

People who see only the public-facing image may remain unaware of conduct capable of materially affecting brokers, counterparties and investors dealing with businesses under his influence.

My purpose is to make the documented circumstances available so that interested parties can form their own conclusions.

My response to SHIPNEXT

I informed SHIPNEXT that unsupported threats of civil or criminal liability would not prevent me from protecting my legitimate interests through lawful, documented and professional means.

General accusations and broad legal threats do not change the commercial record.

Nothing in the company’s communication resolves the unpaid commission or changes the documented correspondence.

The process of comparing Alexander Varvarenko’s publicly promoted image with his documented conduct will therefore continue through lawful and properly documented channels.

This publication does not claim that SHIPNEXT owes the commission or participated in the underlying transaction. It is a transparent account of SHIPNEXT’s formal response to a notification concerning its publicly identified founder.

Repeated threats will not make the underlying documents disappear. The facts, the correspondence and the commercial record remain.

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