Our practice of Shipping, Admiralty & Transportation Laws includes handling of a variety of claims in the fields of transportation of goods by sea, air land rail. In the field of shipping we have experience of handling matters related to both ‘dry shipping’ and ‘wet shipping’. We advise and represent carriers, owners, charterers, cargo interests, P & I Clubs in disputes related to arrest/detention of vessel, cargo (damage, short-landing, loss), all types of charterparties, bills of lading, airway bills, claims by crew members (on-board incidents, wages, damages) and passengers, claims regarding bunkers, repairs (Dry-docking etc.) and management, liens by port authorities etc., navigational claims arising from collisions, groundings, salvage, FD& D claims, oil spillage and environmental damage etc.
We accept instructions to act and appear before Commercial Courts, Admiralty Courts, Railway Claims Tribunal, National Green Tribunal, Supreme Court of India in suits, claims, applications, appeals, Special Leave Petitions etc. arising out of the following acts;
a. The Carriage by Air Act
b. Carriage by Road Act
c. The Railways Act
d. Multimodal Transport of Goods Act
e. Merchant Shipping Act
f. Marine Insurance Act
g. The Indian Carriage of Goods by Sea Act
h. The Indian Bills of Lading Act
i. The Major Port Trusts Act
j. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act
k. Commercial Courts Act
l. Contract Act
m. Sale of Goods Act
n. The Recycling of Ships Act
o. Merchant Shipping (Limitation of Liability for Maritime Claims) Rules
p. Merchant Shipping (Carriage of Cargo) Rules
q. Merchant Shipping (Prevention of Collisions at Sea) Rules
r. Merchant Shipping (Registration of Indian Ships) Rules
s. Merchant Shipping (Wrecks and Salvage) Rules,
t. Merchant Shipping (Civil Lability for Oil Pollution Damage) Rules
Commercial Courts Act has been enacted for speedy adjudication of commercial disputes where the value of the goods is more than Rs. 3,00,000 and has lead to establishment of Commercial Courts. Issues related admiralty and maritime law, carriage of goods, insurance and re-insurance have been included in the definition of commercial disputes. Certain disputes arising in the field of shipping and admiralty may qualify as commercial disputes and would be dealt with the provisions of the Commercial Courts Act.
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Acthas replaced the earlier acts and the admiralty jurisdiction of various high court such as Gujarat, Kerala, Karnataka, Orissa etc. is well defined on the basis of territorial jurisdiction exercised by these High Court over various ports. This is in addition to the admiralty jurisdiction earlier exercised by Calcutta, Madras and Bombay High Court. Maritime Claims and Maritime Liens have been clearly identified and Maritime Liens have been given priority over Maritime Claims. . There is a provision of arrest of vessel for providing security to the claim. The act also provides for appeal against order/judgment passed by the Admiralty Court, which shall lie before a Division Bench of the same High Court. Civil Procedure Code is the procedural law applicable to the claims, appeals made under this act.
Merchant Shipping Act contains several provisions relating to the rights of mortgagee over the ship including enforcement thereof. Besides this, the act also provides for mode of recovery of wages of the crew members. The act also provides for setting up Limitation of Liability fund by the Owners for a wide variety of claims that may be made against the vessel.
Other noteworthy acts in this field are
Major Ports Trust Act, The Recycling of Ships Act etc.
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