Maritime and Transport Law
Cargo owners, carriers and similar players often have to deal with legal questions or issues when goods are to be transported from one place to another, often across borders, making it necessary to seek assistance from experts with the necessary experience.
Our team is an industry leader and has developed an expertise that makes us the preferred advisor to, among others, the largest transport and marine insurance companies in Denmark and abroad.
We advise on all aspects of transport law, including in connection with claims for damages as a result of e.g. cargo damage or in case of casualties, and we conduct litigation and arbitration in Denmark and abroad.
Our team advises Danish and foreign underwriters, shipping companies, charterers, cargo owners (importers and exporters), shipyards, carriers and forwarding agents.
We advise within the following areas:
- Cargo claims
- Collisions and salvage operations
- Maritime and transport insurance
- Charter parties and contracts related to ships
- Framework agreements for logistic and transport services
- Blockades and strikes (ships and shipping companies)
- Sale and purchase of ships
- Formation of shipping companies and registration of ships
- Contracts for the building, rebuilding and repair of ships
Carriage of goods can be complicated. It often involves many players in different countries. If the goods are damaged, lost or delayed, it is important to act promptly and correctly.
Kromann Reumert is a specialist adviser and litigator in cargo claim disputes. We have considerable experience within all means of transportation. Our clients include cargo owners, carriers and insurance companies.
Our advice includes:
- Contracting and advice on risks, including insurance coverage
- Efficient case work, including preservation of evidence
- Liability and insurance law issues
- Claims for damages and recourse between cargo owner/insurance company and carrier
- Dispute resolution, including arbitration and litigation
Collisions and salvage operations
When ships collide, run aground or suffer other forms of casualty, prompt action must be taken. It is decisive to collect all relevant information as soon as possible to document the course of events. It should also be considered to take legal action immediately to establish jurisdiction in a specific country in order to prevent the other party from commencing proceedings in another jurisdiction.
Kromann Reumert's maritime and transport law team has extensive experience in advising on collisions, other types of casualties and salvage operations.
Based on our experience, we ensure that relevant information from the ship's instruments and crew is obtained after the casualty, for instance radar images and radio communication with authorities.
We are also experienced in solving jurisdictional disputes and advising clients whether to take legal action to ensure the best legal position and, if so, in which jurisdiction.
Maritime and transport insurance
Insurance of goods in transit, hull insurance and owners, charterers' and carriers' liability insurance are often taken out on standard terms that may give rise to difficulty of interpretation in concrete cases. When taking out insurance, the choice of extended cover and use of special clauses may also give rise to questions.
Kromann Reumert has for generations advised both marine insurance companies, P&I clubs, owners, charterers, importers and exporters of goods in matters involving maritime and transport insurance.
Based on our extensive experience in maritime insurance, we can provide fast and relevant advice on all matters of interpretation within this specialist area. We also offer advice on the proper choice of type of insurance, including with respect to possible extended cover and special clauses. We also assist in coverage disputes.
Charter parties and other contracts involving ships
When concluding charter agreements, a large number of standard contracts and special clauses are available depending on the trade and the type of goods to be transported. The freight rates or amount of hire to be paid under a charter party can be very high and there may be a significant risk of incurring liability for any damage to the ship or the goods. It is therefore often relevant to seek legal assistance before entering into a charter party contract.
Kromann Reumert has extensive experience in advising on chartering terms and different types of charter parties and in drafting rider clauses.
Using our expertise and insight, we can offer our clients advice that takes the relevant risks into account - not least in an international perspective.
Framework agreements for logistic and transport services are often quite complex and will typically have a long term. It is therefore important to obtain legal assistance when drafting and negotiating such agreements.
We have over the years drafted and negotiated a large number of framework agreements on behalf of our clients, which include both purchasers of transport services and forwarding agents/carriers. We therefore have the in-depth knowledge of the various types of agreement that is necessary to offer our clients value-adding advice.
Blockades and strikes
Owners and ships may experience blockades or strikes initiated by the International Transport Workers' Federation, ITF, or local unions. In this situation, the shipping company will often be under considerable commercial pressure and at risk of suffering great losses.
Our experts are specialised in advising owners that experience industrial action such as blockades and strikes.
We advise about:
- Threatened blockades and strikes against ships that call at Danish ports.
- Industrial disputes in connection with such action against ships and/or stevedore firms.
- Damages for illegal blockades, strikes and sympathetic actions.
- The validity of agreements made in connection with such actions.
Sale and purchase of ships
When transferring a ship, it is important that the terms of the transaction and the delivery do not give rise to doubt during or after the transaction. We assist in MOA negotiations and closing, including in connection with payment, deletion of mortgages and registration.
Formation of shipping companies and registration of ships
Registering a ship may be a complicated process because the ship and the owner must meet certain requirements in Denmark.
We assist throughout the process, both in relation to the authorities and in drafting the documentation. We also advise on the establishment of companies in Denmark and management issues, often in cooperation with our ship finance specialists.
Contracts for the building, rebuilding and repair of ships
The building of a newbuilding or rebuilding of a vessel requires careful preparation.
We assist with advice and participate in the negotiation of such projects and any disputes that may arise. We have also extensive experience in dealing with repair and maintenance contracts.