Proactive Legal Consultancy to Minimise Marine Claims
Adrift in the Sea of Maritime Law?
Maritime law is a complex matrix of international laws, treaties and conventions. With different maritime zones and jurisdictions, and regulations governing shipping and marine trade overlapping, maritime law is anything but straightforward.
If you’ve found yourself involved in a maritime legal matter, you’re likely to have felt overwhelmed and unsure of the next step. Even if you’re not new to the shipping industry.
It can take years, if not decades, to get familiar enough with the complicated jargon and legal intricacies of international shipping.
So, when confronted with a legal situation of this kind, you may feel lost. And there’s nothing worse than being embroiled in something you can’t seem to grasp. Even more so when it may have legal consequences.
Ignorance of the Law Is No Excuse for Breaking It
One common shortcoming in today’s complex marine business environment is the lack of proper knowledge about maritime law and transport regulations.
And failure to understand legal nuances leads to unnecessary disputes. Worse yet, claims that shouldn’t have happened in the first place can escalate to a marine battle ending up in court. With you being held liable.
You can avoid potential legal pitfalls by relying on skilled and experienced maritime lawyers.
It’s Never Too Early to Seek Marine Legal Advice
In marine insurance, it’s essential that all parties understand their legal obligations from day one. Otherwise, claims (and claims denials) may happen over simple oversights.
Take a vessel that sinks because a part fails due to wear and tear. The insurer may refuse coverage on the basis that the assured didn’t abide by the implied warranty of seaworthiness. Most likely, out of a lack of understanding of the terms of the insurance policy.
Talk about a breeding ground for frustration and unnecessary conflicts.
As the saying goes, prevention is better than cure. And you can avoid commercial disputes and minimise litigation risk by having a legal advisor:
• Review your coverage.
• Identify potential problems.
• Limit your liability for loss.
• Draft your contracts.
Legal Consultancy Is a Must for All Players in the Shipping Industry
No matter how long you’ve been in business. Each case is different and requires a tailored approach based on the applicable law. This is where a maritime lawyer can come in and help. We know the law inside out, and are bound to have handled legal issues similar to yours in the past. Which allows us to devise a winning strategy for every case.
Besides, law has a life of its own. It changes over time to navigate new risks and realities, such as the transition to alternative fuels, cyber risks or autonomous shipping. We keep abreast of developments to provide you with accurate, up-to-date consultancy.
Now, who can benefit from receiving marine and shipping legal advice?
Providing advice on shipping and banking documents (e.g., letter of credit or bill of lading).
Reviewing your insurance policies to close any gaps and cut duplicate coverage.
Providing legal protection against the carrier at fault in the event of cargo loss.
Ensuring Smooth Sailing through Legal Waters
Benefit from Our Legal Consultancy Solutions in These Areas
Our legal team advises on issues related to collisions, groundings, general average, salvage operations and wreck removal, pollution, ship arrest, and casualty response and investigation.
We are experts in contract drafting and negotiation (i.e., bills of lading, charterparties and letters of credit, to name but a few). In the event of contractual disputes, we help you reach a favourable settlement.
Our lawyers can provide towage and offshore support, and advise on liability regimes and insurance implications of contract structures. We act on your behalf in arbitration or disputes in court.
SHIPBUILDING AND SALE & PURCHASE
We assist shipowners, yards and insurers in drafting new building, repair and conversion contracts. We can also flag your vessel or register it to other owners.
Wherever There’s a Contract Related to Navigation & Maritime Transport
Our legal consultants make sure there are no loose ends to prevent claims from arising in the future by means of:
Negotiating and drafting contracts
Contracts create mutual obligations that are enforceable by law. So, signing a contract template without thoroughly assessing its provisions may put you in a bad spot in the event of a claim.
Play it safe by having a legal consultant draft your contracts of carriage, wreck removal and salvage agreements, and shipbuilding contracts. We can also assist with any transport related documents (e.g., Bills of Lading and Waybills).
Guidance on sanctions
Insurers and reinsurers may fall foul of the fast-changing sanctions regime. We help you bring due diligence to every transaction.
Now, if you find yourself tangled in a marine claim involving liabilities to third parties or property damages, we are by your side throughout its lifecycle.
With a deep understanding of the principles of marine insurance, we maximise your recovery in the case of denial by your insurer.
On a different note, if you’re an insurance company dealing with a subrogation claim, our legal team will guide you through the process.
Negotiation and mediation
Cross-border, multi-jurisdictional disputes may escalate and go to legal action. No matter how complex your case is, we represent you before the courts of law and drive your high-profile claim to a successful conclusion.
If any other legal issue is making you feel as if you were lost at sea, click here to tell us about your case.
You May Be Wondering...
If you’re in the marine (re)insurance, shipping and international trade industries, the answer is YES.
You’ll be signing insurance, transport and commercial contracts that entail legal rights and duties. So, this service is a must to conduct your business without any legal hiccups.
It’s a common assumption that you only need legal advice when dealing with a claim. Well, far from it.
Actually, at Marlin Blue, we have a proven record of reducing the risk of disputes by 15% thanks to our preventive legal services (which we provide before an actual claim arises).
We advise you on any legal matters related to marine (re)insurance, cross-border transportation and trade, such as:
- Insurance policy wording.
- Contract disputes.
- Alternative dispute resolution.
This list is by no means exhaustive, so feel free to let us know how our legal team can help you.
We offer 3 options tailored to your needs:
- A transparent hourly rate for case-by-case consultations.
- A contingency fee, meaning you only pay a percentage of your compensation once we recover money on your behalf.
- A retainer fee if you’d like us to have legal assistance for an agreed-upon time.
Our legal team works across jurisdictions, no matter where your loss occurs. If you’re tangled in a complex claim requiring our presence onsite, we’ll be by your side in that high-stakes arbitration or litigation.