Maritime Law & Insurance
These bills of lading represent different aspects of the transportation by sea of the goods and can operate differently depending on how they are addressed, and can engage or relieve different parties in a single or multiple transportation agreement. A deep understanding of the concepts of charterparties and bills of lading and the various obligations of the parties thereto is very essential to advise freight forwarders, shippers, consignees, cargo owners, carriers, charterers, shipbrokers, ship operators, liner agents, insurers, banks, quality controllers, port operators, and all interested parties in the carriage of goods by sea transaction.
As Maritime Lawyers, Chartered Shipbrokers and Maritime Agents, we provide an unparalleled range of legal services, that cover operational and legal advice to clients; shippers, consignees, carriers, freight forwarders, ship operators, marine insurance underwriters, charterers, agents, liner operators, port operators, etc. We review and advise on the best INCOTERM that would best serve our clients needs and anticipate where issues may arise and provide a solution before these occur. We determine which party is liable and assist in resolving disputes when they arise.
The carriage of goods by sea, or maritime transportation of goods is usually performed under contracts of affreightment: either charterparties or contracts as evidenced by bills of lading. There are various types of charterparties, and these become very complicated legally when under these charterparties bills of lading are issued. It makes it difficult to identify the party to approach when disputes arise.
The laws regulating the relationships between actors in this domain, considering that carriage of goods by sea is from a variety of ports, to a variety of ports, involving different jurisdictions, are international. These laws have been incorporated into local laws in some countries, while others apply the laws as they have been enacted, because they take precedence over local laws when there is a conflict. These laws have evolved from the Hague Rules, to the Hague/Visby Rules, the Hamburg Rules, and to the Rotterdam Rules. Depending on the POL and POD for the transportation of goods, the applicable law becomes an issue when several ports are involved before a complex transportation operation is complete. It is our expertise to determine the applicable law, and to use the particular law, and operational responsibilities to determine the party liable for any damages.
Losses of and damage to goods in this area are very recurrent. Determining the party liable and adequate compensation requires profound knowledge and expertise to determine the governing law and applicable provisions. At FA Law, we handle maritime claims, liens, offshore injuries, marine environment claims, maritime labor and injuries offshore and onshore, including general maritime legal advice, etc.
Port operations and other aspects of shipping, besides international trade, transportation and shipping documents, like salvage, towage, collisions, marine insurance, maritime liens, ship arrests, detentions, passenger transportation, environmental pollution, fishing, etc. are all issues of maritime law that we advise on and resolve on behalf of clients.
Our experience, knowledge of and connections with several ports in Africa, working with local partners over several years, makes it very easy for us to provide legal services to clients from all over the world, assisting with all their legal needs from our office in Canada, through our local network of partners all over Africa, even on matters relating to arrests and detention to resolve liens, or correct safety and environmental issues.
International Financial Transactions, Letters of Credit, Bank Guarantees
Understanding and handling the difficulties associated with the international purchase of goods and services, funding of projects, and international payments in general, require profound knowledge and experience dealing with letters of credit, different types of bank guarantees and collaterals required to secure and guarantee the availability of goods, as described, or the delivery of a completed project, before the final costs for the same are paid. We handle all these transactions diligently and coordinate with quality control agencies worldwide to ensure that goods are properly inspected to meet their exact quality, quantity, as described in purchase orders and invoices.
Dispute Resolution in Oil & Gas and Maritime Operations
Mediation and Arbitration
The complex nature of the Oil & gas sector and the maritime sector; together with the costs involved in these ventures requires special considerations for resolving disputes that arise. Most of these contracts usually make provision for mediation and or arbitration, and would usually select the forum and governing law applicable. As certified experts in mediation and arbitration in the Oil & Gas and maritime Sectors, we are able to prepare dispute resolution documents and represent our clients perfectly in any jurisdiction that has been selected for this purpose. We make sure we resolve disputes even before it devolves to mediation or arbitration through our expertise in handling such matters.
Civil and Commercial Litigation
Disagreements are inevitable in almost all commercial, contractual and diverse relationships that are usually more complex to be resolved by the parties. Our approach is usually to analyze the facts, determine the legal issues, and advise the client on the best possible solution to such disputes without bringing a claim in Court. When we are unable to resolve such disputes, we assist in pursuing or defending claims.