Maritime law

Thirty years’ experience in the field allow the Firm to provide a full range of legal services both in and out of Court. Clients of the Firm in the maritime law sector include Italian and foreign shipping companies, P&I clubs, Ministries, Port Authorities, insurance companies, banking institutions, multinationals in their capacity as consignors, charterers, freight forwarders, shipping agents and brokers, shipyards, terminal operators, off-shore platform operators and techno-nautical service providers.

The Firm advises its clients on all aspects of maritime law.

The lawyers of the Firm negotiate and draft, among others, charter parties, contracts for ship-management, transport and forwarding, maritime agency, ship building, sale and purchase of ships, financing, ship mortgage, insurance and reinsurance, supply of towage services, performance of logistics services to off-shore platforms, and ship refitting.

The Firm also advises clients on general average, maritime labour, debt restructuring procedures and change of flag, maritime transport of persons and vehicles.

The lawyers of the firm advise and represent clients in all kinds of maritime disputes, and in particular in the event of maritime accidents, collisions, damage arising from cargo loss or average, damage caused by delay, insurance issues, damage to port infrastructures, general average, salvage, issues concerning shipping finance and ship building contracts, personal injuries and damage to luggage in the maritime transport of persons, environmental pollution and piracy.

The Firm also acts in proceedings for the arrest and release of vessels, in enforcement proceedings, insolvency proceedings and proceedings for the recognition of foreign judgements and arbitration awards

• we provide daily advice to maritime agencies and port terminal companies under art. 16 and 18 of the Law no. 84/1994 in their relationships with the Maritime Authority and the Port System Authority with reference to the many legal problems related to transport, shipping, port operations, customs services, safety of goods, passengers and workers in the port area. We also give assistance in the negotiation phase of the different contracts signed with the other companies operating in port;

• we assist maritime operators and exporters in complying with the requirements for the verification of gross mass provided by the 74 SOLAS Convention, as amended by Resolution MSC. 380 (94) of 21/11/2014 and by management decree no. 447/2016 of 5.5.2016);

• we are frequently instructed by shippers, insurers, freight forwarders, carriers and terminal operators to advise and represent them in cargo disputes and maritime claims;

• we are frequently requested by shippers to assist them in disputes relating to the payment of demurrage and detention fees for delayed or non-collection of containers, by the recipient, at the port of destination;

• we have assisted some important Italian companies operating nationally and internationally in the field of maritime transport of goods and passengers in preparation of an appeal to the Regional Administrative Court relating to the annulment of the measures adopted by the Transport Regulatory Authority (ART) having as the subject a demand to pay an annual contribution for the functioning of the said Authority;

• we have advised a Greek company on the interpretation and performance of a purchase contract of vessel and of the contract for the acquisition of the relevant building project.

• we have represented a shipowner in obtaining the release of a ship arrested by a Public Prosecutor for the purpose of freezing evidence in a criminal case concerning, inter alia, the accusation ‒addressed to others‒ of having incorrectly positioned the ship’s load lines.

• we have advised a public research institute on the interpretation and performance of the charterparty of the research vessel owned by the institute.

• one of the lawyers of our Firm has been appointed as impartial expert by an Italian Court for the translation of the clauses of a voyage charterparty, also by referring to the meaning attributable to them based on the main conventions of the standard contracts of the field and of the collection of usages and terms.

• we have advised the Department of justice of the government of a western country with respect to damage allegedly suffered by a ship flying the flag of that country due to orders given by an Italian military ship on a UN mission abroad;

• we have represented an Italian shipowner in arbitration proceedings concerning the criteria for the determination of the value of the shares of a ship-owning company when the shareholders decide to divide the company assets, and an Italian charterer in arbitration proceedings concerning demurrage charges in a voyage charter party;

• we have advised a European Shipowners’ Confederation with regard to the regulation of waste treatment on board ships during their stay at Italian ports, and with regard to the vessel traffic monitoring by the Maritime Authority in light of international, EU and domestic laws and regulations;

• we have advised an Italian shipowner on the scope of application of Regulation EC No. 392/2009, with particular reference to the provisions concerning the compulsory insurance coverage and the insurance policies issued under the 2002 Athens Convention, the 1992 Liability Convention and the 2001 Bunker Oil Convention, as well as the agreements with the involved P&Is;

• we have advised an Italian shipowner on the requirements for the issue of insurance certificates under the 1992 Liability Convention and the 2001 Bunker Oil Convention;

• we have drafted contracts concerning ship lengthening for a company which provides towing, platform assistance and oil spill recovery services;