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Practice

Maritime Law

Supporting shipowners, charterers, cargo interests and traders in a field where time and jurisdiction matter.

Overview

The Calcutta High Court is empowered to hear admiralty matters under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which serves shipping companies, shipowners, charterers and cargo interests alike.

Our legal team is well versed in maritime disputes, vessel arrest, the recovery of maritime claims and international arbitration.

What we do

Services

  • Admiralty Actions

    Legal assistance for ship arrest, vessel release and enforcement of maritime claims under the Admiralty Act, 2017. This covers claim assessment, urgent arrest applications before the appropriate High Court, release against acceptable security, challenges to wrongful arrest, and judicial sale and recovery of maritime dues.

  • Charterparty Disputes

    Charterparty disputes can disrupt shipping operations and cause significant financial loss. The firm supports shipowners, charterers and operators in disputes over unpaid freight, hire, demurrage, off-hire claims, cargo handling delays and breaches of charterparty terms, from recovering outstanding payments to defending claims, through negotiation, arbitration or litigation.

  • Maritime Arbitration

    Arbitration of disputes arising from charterparties, freight, demurrage, cargo damage, vessel hire and shipping contracts, with representation and advice for shipowners, charterers, operators and cargo owners focused on effective resolution and protecting commercial interests.

  • Cargo Claims: Loss, Shortage and Damage

    A cargo claim arises when cargo is lost or damaged in transit by sea, or delivered short. The claim for compensation under the bill of lading is made against the carrier and is governed by the applicable maritime law. Notice should be sent to the carrier promptly after inspection, and legal proceedings can be started if compensation is delayed.

  • Marine Insurance

    Claim assessment, policy review and recovery of compensation for cargo loss, transit damage and vessel casualties, with legal representation in disputes with insurers.

  • Shipping Contracts

    Advice on ship sale and purchase, chartering, ship management, carriage of cargo and freight forwarding agreements, with support in drafting, reviewing and resolving disputes under these contracts.

Our approach

How a matter progresses

The usual course of a maritime law matter in India, from first instructions to a final outcome.

  1. Urgent assessment

    We confirm that the claim is a maritime claim under the Admiralty Act, 2017 and track the vessel's position and expected departure.

  2. Arrest of the vessel

    We apply to a High Court with admiralty jurisdiction for an order of arrest, often within hours, to secure the claim before the ship sails.

  3. Security and release

    The vessel is usually released against security, such as a bank guarantee or a letter of undertaking from a P&I club.

  4. Adjudication

    The claim is decided in an admiralty suit or, under most charterparties, by arbitration. We act in both forums.

  5. Recovery

    We enforce the judgment or award against the security, or seek a judicial sale of the vessel where no security is provided.

Questions

FAQs

General information only. For advice on your circumstances, please speak to an attorney.

Can a ship be arrested in India to secure a claim?
Yes. Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, a High Court with admiralty jurisdiction may order the arrest of a vessel to secure a maritime claim, subject to the conditions set out in the Act.
Which courts hear admiralty matters?
The High Courts listed in the 2017 Act exercise admiralty jurisdiction over the waters up to the limit of their territorial waters, and the Calcutta High Court is among them.

Further reading

Official sources

Primary sources for maritime law in India, and articles by the firm's attorneys.