Maritime claims: ship arrest, charterparty & bill of lading disputes

Support in maritime disputes involving freight, demurrage, charterparty performance, and cargo damage/loss under bills of lading. Where justified, we help secure claims through security strategies and urgent measures, and coordinate cross-border enforcement.

The information is general and does not replace legal advice. Facts, documents and timeline matter. (Informațiile sunt generale și nu înlocuiesc consultanța juridică. Contează faptele, actele și cronologia.)

When you need this

Unpaid freight, demurrage, detention, or voyage-related receivables require recovery.
Cargo was damaged or lost and multiple parties dispute responsibility.
A charterparty dispute arises (laytime, off-hire, deviations, performance warranties).
You need urgent security to mitigate dissipation or enforcement risk.
A jurisdiction/arbitration clause conflicts with operational urgency.
You need a coordinated approach with P&I, underwriters, class or surveyors.
Port agents and counterparties need aligned instructions under time pressure.
You are planning enforcement in Romania or against Romanian assets.

What we do in practice

Clarify the claim type, parties and contractual chain (charterparty, B/L, subcontracting).
Preserve evidence quickly: surveys, photos, logs, communications and port records.
Assess forum options: courts vs arbitration, applicable law and enforceability.
Build a quantified claim file (time calculations, invoices, surveys, mitigation costs).
Draft structured demands and settlement proposals with supporting attachments.
Prepare urgent measures and security strategies where legally available and commercially justified.
Coordinate with port agents, P&I clubs, underwriters and technical managers.
If needed, run proceedings and plan enforcement (security, recognition and execution).

Documents & information useful for a first review

Document	Why it matters	Notes
Charterparty and amendments	Core obligations; clauses on demurrage, off-hire, arbitration	Provide the signed set and all riders
Bills of lading / sea waybills	Defines carriage terms and cargo responsibility	Include originals/copies and endorsements
Laytime statements, NOR, port logs	Key for demurrage/dispatch calculations	Attach time-stamped port records
Surveys, damage reports, photographs	Supports condition, causation and quantification	Include packaging and sealing evidence
Invoices, freight statements, correspondence	Shows amounts due and positions	Keep full email threads and attachments
P&I / insurance documents and claim references	Shapes settlement and security mechanics	Include cover letters and claim numbers
Vessel and counterparty identification data	Required for enforcement planning	Name, IMO, owner/operator chain
Court/arbitration documents (if any)	Shows current procedural status	Provide deadlines and service dates

Common risks & frequent mistakes

Delaying surveys and loss documentation until evidence becomes contested.
Pursuing the wrong defendant in a chain of contracts and subcontracts.
Ignoring arbitration/jurisdiction clauses until enforcement becomes impractical.
Quantifying demurrage or cargo losses without a consistent underlying record set.
Making operational agreements that inadvertently waive rights or create admissions.
Not planning security and enforcement early, especially cross-border.
Overlooking limitation of liability regimes that may affect recoverable amounts.

FAQ

When is ship arrest relevant and what does it achieve?

Ship arrest is typically used to secure a maritime claim by freezing an asset to obtain security or leverage. Availability depends on claim type, jurisdiction and applicable rules.

How do charterparty arbitration clauses affect court action?

Arbitration clauses may set the main forum, but interim measures and enforcement can still involve courts depending on circumstances and the enforcement plan.

What role do P&I clubs and underwriters play in settlement?

P&I and insurers can influence security, claims handling and settlement mechanics. We coordinate communications so operational decisions remain aligned with the legal strategy.

How do we quantify demurrage or cargo claims credibly?

We rely on time-stamped port data, laytime terms and survey evidence, building a calculation that can be audited by the other side and, if needed, by a tribunal.

Can limitation of liability reduce the recoverable amount?

In some cases, limitation rules may cap recoverable amounts. We evaluate whether limitation applies, how it is invoked and what evidence can challenge it.

Contact

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