ADMIRALTY & SHIPPING LAW- The Justice Corner
As the leading law firm for shipping law, we specialize in dry and wet shipping law, offering complete legal service to the maritime industry. Our law firm boasts a high success rate in handling dry shipping disputes like contracts of affreightment, cargo claims, marine insurance policy disputes, ship arrests, and judicial sales. With a rich background of maritime litigation experience, we ensure that our clients get the finest legal advice to protect their business interests. As the best law firm for shipping law, we provide personalized legal strategies to manage complex shipping laws efficiently.
Besides dry shipping, our organization is also a leader in wet shipping matters. We handle legal matters related to casualties, ship collisions, pilotage, towing, and salvage operations. Our vast experience with Bangladesh’s maritime laws and international conventions enables us to offer the highest quality of legal services. As the best law firm in BD for shipping law, we assist shipowners, charterers, insurers, and other stakeholders in resolving disputes efficiently.
Our status as the best law firm for shipping law is founded upon the provision of strategic legal solutions based on international best practice. Regardless of whether the matter is dealing with ship detentions, liability disputes, or marine insurance disputes, all cases are resolved with expertise by our dedicated team. We are trusted by clients because we consistently achieve results and are the first choice for legal services within maritime.
International Shipping Disputes and Arbitration shipping law
With globalization driving the shipping industry, disputes are likely to break out across international jurisdictions. The Justice Corner has a shining record in handling international shipping disputes and ICC Arbitrations in key international maritime hubs, including:
- Singapore
- Bangkok
- Paris
- London
- New York
Our best law firm for shipping law provides expert representation in arbitration cases related to shipping contracts, cargo claims, and marine insurance disputes. Our firm provides excellent advocacy services in arbitration cases related to shipping contracts, cargo conflicts, and sea disputes encompassing insurance. As the best law firm, we promise equitable treatment to clients and justice-oriented solutions to conflicts in international maritime disputes. The services we offer in arbitration help companies to avoid long trials at courts and waste less time and resources.
When it comes to best law firm for shipping law and maritime litigation, choosing the best law firm is crucial. Our firm takes pride in offering comprehensive legal representation, ensuring compliance with both local and global maritime regulations. Whether you require assistance with contract disputes, cargo claims, or emergency maritime incidents, our experienced legal professionals are ready to protect your interests. Contact the best law firm in BD today for expert legal solutions in the shipping sector.
Compliance with Local and Global Maritime Regulations for Shipping law
Shipping companies are required to comply with international shipping conventions and local Bangladeshi shipping laws. Our law practice advises clients on:
- Bangladesh Merchant Shipping Act compliance
- International Maritime Organization (IMO) regulations
- SOLAS (Safety of Life at Sea) and MARPOL (Marine Pollution) Conventions
- BIMCO (Baltic and International Maritime Council) contracts
- International Transport and Shipping Agreements
Our capacity to keep up with evolving maritime conventions allows us to offer sound advice, making our shipping law guidance in Bangladesh option number one for shipping companies. Our firm recently represented a prominent global shipping company in an international arbitration involving a cargo claim dispute worth millions. With strategic negotiation and better legal insight, we secured a satisfactory verdict that protected our client’s interests and avoided maximum financial loss. This victory further cements our position as the Best law firm in BD for shipping law.
Legal Framework and Key Regulations for Admiralty and Shipping Law
Bangladesh Admiralty and Shipping Law governs shipping, ship ownership, liability, and other legal considerations with regard to the shipping industry. This industry is regulated by numerous important laws and regulations, such as the Admiralty Court Act, 2000, The Merchant Shipping Ordinance, 1983, The Carriage of Goods by Sea Act, 1925, and The Territorial Waters and Maritime Zones Act, 1974. Bangladesh also adheres to international conventions such as UNCLOS (United Nations Convention on the Law of the Sea), SOLAS (Safety of Life at Sea Convention), and MARPOL (Marine Pollution Convention) to abide by international maritime standards.
Admiralty cases in Bangladesh are under the purview of the High Court Division, where cases of ship arrest, cargo claim cases, marine insurance dispute cases, collision and salvage cases, and other such cases are disposed of. The ship can be arrested under the Admiralty Court Act, 2000, if there is a legitimate claim, and the ship can be released if a Bank Guarantee or a P&I Club Guarantee is provided by the shipowner.
The Carriage of Goods by Sea Act, 1925 is highly crucial in regulating carriage of goods by sea and the determination of liability. The Act mandates the issuance of a Bill of Lading (B/L), whose terms adhere to the Hague-Visby Rules in determining the responsibilities of carriers. Similarly, all the issues related to maritime accidents, transport risks, and insurance protection are regulated under The Marine Insurance Act, 1906, which includes Hull & Machinery Insurance, Freight Insurance, and Protection & Indemnity (P&I) Insurance.
To prevent contaminating the surroundings and the marine environment, The Prevention of Pollution of the Sea Act, 2009, and the MARPOL Convention put heavy regulations on oil spills, dumping of wastes, and other mechanisms to regulate pollution. Moreover, according to The Bangladesh Flag Vessels (Protection) Act, 2019, locally flagged vessels are extended preference in domestic as well as international trade, which creates more opportunities for local shipping companies.
Ship recycling activities are regulated by The Bangladesh Ship Recycling Act, 2018 in accordance with international environmental and labor safety regulations. Additionally, The Ports Act, 1908 also regulates port activities, ship movement, tariffs, and cargo handling operations within the maritime jurisdiction of Bangladesh.
Bangladesh Admiralty and Shipping Law provides an established legal platform for shipping and maritime trade issues, following national as well as international standards in facilitating a secure and efficient maritime transport system.
Examples of Admiralty and Shipping Law Cases in Bangladesh
Case 1: Ship Arrest on Arrears of Dues
Facts: A foreign shipping company had a vessel chartered to transport goods to Bangladesh. The owner of the vessel failed to pay for docking and service fees upon arrival of the vessel at Chattogram Port. The port authority and the owner of the cargo filed a petition in the High Court Division under the Admiralty Court Act, 2000, for the arrest of the ship.
Legal Action: An arrest order was given by the court, restricting the departure of the ship from Bangladesh until the dues were settled. The shipowner later released a Bank Guarantee to secure the claim, and the vessel was freed.
Outcome: The dues were cleared by the shipowner, and the case was withdrawn. The above case indicates how ship arrest in terms of Bangladeshi law can be undertaken for non-payment maritime claims.
Case 2: Cargo Damage Claim Under Bill of Lading
Facts: A Bangladeshi importer received a consignment of electronic goods from Singapore. Upon arrival, it was discovered that some of the shipment was water-damaged due to negligent stowage. The importer sued the carrier under The Carriage of Goods by Sea Act, 1925, for violation of the Hague-Visby Rules.
Legal Action: The importer presented the Bill of Lading (B/L) as evidence and demanded compensation. The carrier asserted that the damage was caused by unavoidable circumstances (force majeure).
Outcome: The High Court Division ruled in favor of the importer, referencing that the carrier failed to ensure proper cargo protection. The court instructed the insurer of the carrier to compensate for the damages.
FAQs on Shipping Law in Bangladesh
1. What is the main law governing admiralty and shipping in Bangladesh?
The principal admiralty and shipping law of Bangladesh is the Admiralty Court Act, 2000, which invests the High Court Division with jurisdiction in maritime claims, ship arrest, and other related disputes. The Merchant Shipping Ordinance, 1983, and The Carriage of Goods by Sea Act, 1925, are the other prominent laws.
2. How can a ship be arrested in Bangladesh?
The vessel can be arrested under the Admiralty Court Act, 2000 if the claimant is entitled to a valid maritime claim or lien. The claimant must apply to the High Court Division, who, being convinced, can make an order of arrest of the ship. The shipowner may discharge the ship by providing a Bank Guarantee or P&I Club Guarantee.
3. What types of maritime claims are recognized under Bangladeshi law?
Recognized maritime claims include:
- Ship arrests for unpaid dues
- Cargo claims for loss or damage
- Charter party disputes
- Marine insurance claims
- Collision and salvage claims
- Unpaid crew wages
4. Which international conventions does Bangladesh follow for shipping law?
Bangladesh is a party to several international maritime conventions, including:
- UNCLOS (United Nations Convention on the Law of the Sea)
- SOLAS (Safety of Life at Sea Convention)
- MARPOL (Marine Pollution Convention)
- Hague-Visby Rules (on the carriage of goods by sea)
5. How are cargo disputes resolved under Bangladeshi shipping law?
Disputes of cargo are resolved under the Carriage of Goods by Sea Act, 1925, implementing the Hague-Visby Rules. In the case of loss or damage of cargo, the consignee can recover against the carrier. Bills of Lading (B/L) are pivotal legal documents to resolve disputes.
6. What are the environmental regulations for ships in Bangladesh?
Prevention of Pollution of the Sea Act, 2009 and MARPOL Convention prescribe pollution by vessels, such as oil spillages, discharge of ballast waters, and discharge of hazardous waste. It has severe fines attached to it with legal action if violated.
7. How does Bangladesh regulate ship recycling?
Ship recycling is regulated under The Bangladesh Ship Recycling Act, 2018, which adheres to global labor safety and environmental standards. The law ensures safe decommissioning of harmful substances and protects shipbreaking yard laborers.
8. Can foreign ships operate in Bangladesh’s domestic trade?
Precedence is given to Bangladeshi-flagged vessels under The Bangladesh Flag Vessels (Protection) Act, 2019 for domestic trade. Foreign vessels can sail in exceptional situations with special permission if Bangladeshi vessels are not available.
9. How are maritime insurance claims handled in Bangladesh?
Maritime insurance claims are governed by The Marine Insurance Act, 1906 (operative in Bangladesh). Shipowners and owners of the cargo may get compensated for damages, losses, or liabilities covered against under their marine insurance policies like Hull & Machinery, Freight, and P&I Insurance.
10. What are the penalties for non-compliance with Bangladeshi shipping laws?
Non-compliance with shipping laws can lead to:
- Fines and penalties for environmental violations
- Ship detention for unpaid dues or safety violations
- Legal action for failure to comply with port regulations
- Loss of operating license for repeated violations
Conclusion for Admiralty & Shipping law
With its fast-developing maritime business, having a reliable legal partner in the form of the Justice Corner is vital for protecting business interests and achieving shipping law compliance. The Justice Corner is the best law firm for shipping law that deals with unparalleled levels of proficiency in wet and dry shipping law, cross-border dispute resolution, and regulatory compliance.
Regardless of the legal assistance you have to need in contracts, cargo claims, marine insurance claims, regulatory compliance, or emergency maritime matters, we are here for serve your legal solutions. Contact The Justice Corner today for competent legal solutions to shipping law, and let us navigate your legal concerns with precision and confidence.
