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Practice Areas

Admiralty

 

The admiralty practice was formed in 1992 due to the Firm’s increased involvement in maritime matters.

The principal areas of the Firm’s international Admiralty practice include:

Maritime Finance

Vessel financing, shipbuilding and ship sale contracts, vessel reflagging and creation of ship-owning companies.

Finance Litigation

Vessel mortgage foreclosures and suits on guarantees.

Maritime Liens

Unique remedies provided by maritime law to certain classes of claimants.

Bankruptcy

Complex interplay between maritime rights and protections afforded by the U.S. Bankruptcy Code.

Shipbuilding/Conversion/Sales Disputes

Large and complex shipyard disputes.

Infrastructure Development

Large port and other transportation development projects on behalf of both governments and private investors, including related financing, concession agreements, construction contracts and management agreements.

Marine Insurance

Disputes over interpretation and coverage of various forms of marine insurance.

Charter Parties

Wide variety of charter party disputes, including arbitrations under the auspices of the Society of Maritime Arbitrators, and drafting customized charter party rider clauses for both vessel owners and trading companies.

Agency Agreements

Disputes between principals and agents/brokers.

Product Liability

Litigation of maritime suits that are basically “product” cases.

Commodities Trading

Legal aspects of commodity trading, including:oil, sugar, steel, grain and chemicals; arbitration and assisting trading companies with preparation of their standard terms and conditions.

Cargo Claims

Bills of lading and COGSA, including cargo damage cases in both liner and bulk trades, and assistance of liner operators in drafting bill of lading terms.

Casualty

Collision cases involving tugs, barges and cargo ships.

Pollution

U.S. Oil Pollution Act of 1990 and other legislation and international conventions.

Representative Transactions

Representative transactions of the Firm’s admiralty practice include:

  • Representation of French local governments and private parties in the Amoco Cadiz oil spill case involving the grounding of the Amoco Cadiz off the coast of France.
  • Representation of a Swiss trading company in a lawsuit brought by an Italian shipping line concerning a joint venture involving multiple oil tankers, and in a dispute with a Dutch company concerning a jointly owned aluminum smelter.
  • Representation of a major steamship line in structuring “off-balance sheet” financing of a large segment of its blue water fleet.
  • Representation of a major steamship line in structuring “off-balance sheet” financing of a large segment of its blue water fleet.
  • Representation of a large liner operator in refinancing of its container vessel fleet.
  • Representation of a large liner operator in sell-off of a major portion of its fleet.
  • Representation of a major steamship line in the sale and leaseback transaction with lenders in respect to its acquisition of a new container fleet.
  • Representation of a large transportation conglomerate in divestiture of its expansive regional liner operations.
  • Representation of a major producer of petroleum products in connection with financing of conversion of large tank vessels into production and storage platforms.
  • Representation of shipowners in negotiating and preparing contracts for construction of dry cargo and tank vessels.
  • Representation of a buyer in negotiations for purchase of a large oil barge and compatible pushing tug for transportation of petroleum products in the U.S. coastwise trade.
  • Representation of an owner in a purchase and leaseback of LASH vessels.
  • Representation of purchasers and sellers of cruise ships in negotiations of financing arrangements.
  • Representation of shipowners and shipyards in actions resulting from disputes under ship construction and repair contracts.
  • Representation of parties asserting or contesting in litigation priorities of mortgages and maritime liens.
  • Representation of a towage company in negotiations for the construction and long-term bareboat charter of an LNG barge for intercoastal transportation of LNG.
  • Representation of energy companies in technical studies and preparation of contracts for the development of systems for the ocean transportation of LNG and LPG cargoes.
  • Representation of vessel owners and charterers in negotiation and preparation of joint venture and shareholder agreements.
  • Representation of vessel owners and charterers in negotiation and preparation of long-term contracts of affreightment, bareboat charters and time charters.
  • Representation of operators of fleets of oil tankers in relation to vessel characteristics and response plans mandated by the U.S. Oil Pollution Act of 1990.
  • Representation of owners and charterers in the purchase, sale and chartering of large yachts.
  • Representation of a shipowner in connection with multiple international legal proceedings arising from the arrest of the owner’s several vessels, and in the successful private sale of those vessels.
  • Representation of vessel owners/managers in preparation of management and agency agreements.
  • Representation of a steamship company in negotiating, structuring and creating a joint venture with a multinational fruit company involving the worldwide transport of refrigerated cargoes.
  • Representation of a U.S. shipyard in preparation for a bid on a large-scale United States Navy vessel repair and maintenance contract.
  • Representation of a government in negotiating concession and related agreements involving the development and operation of a container terminal.
  • Representation of utilities in negotiating and drafting documents for transportation of LNG from liquefaction facilities in Nigeria and Algeria to regasification and storage facilities in USA.
  • Representation of steamship companies in negotiating and drafting documents covering transportation of concentrates from arctic regions.
  • Representation of a shipowner in preparation of a feasibility study in regard to employment of LASH barges for loading and discharging of cargoes in international ports.
  • Representation of tanker companies in negotiating charters with the Military Sealift Command and other U.S. instrumentalities.
  • Representation of a U.S. flag tanker owner in connection with issues arising from an alleged violation of on-board alcohol policies by vessel’s officers and violations of international dumping and pollution regulations.
  • Representation of owners in actions against underwriters to recover for actual or constructive total losses of vessels.
  • Representation of shipowners in recovery of general average contributions from cargo.
  • Representation of a shipyard in maritime attachment of vessel’s hull insurance proceeds to recover for unpaid repair bills.
  • Representation of an owner and operator of container vessels in connection with joint service agreements with other operators of container vessels.
  • Representation of owners in defending against pollution liability actions resulting from maritime casualties.
  • Representation of coal purchasers in negotiating long-term purchase contracts and arrangements for inland and ocean transportation.
  • Representation of an owner in limitation proceeding involving sinking of a cruise vessel.
  • Representation of shippers in litigation to recover for cargo lost as a result of maritime casualties.
  • Representation of insurance carriers in defending actions for loss or damage to cargo.
  • Representation of owners and charterers in arbitration of sundry disputes involving both dry and wet cargoes.
  • Representation of various oil companies and commodities traders in preparation of standard rider clauses for use with tanker voyage charter parties.
  • Representation of various parties in negotiation and preparation of customized contracts of affreightment, cruise contracts and specialized bills of lading.
  • Representation of shipowners in defending action arising from allegations of cargo conversion, fraud and tampering with log books.
  • Representation of steamship lines in connection with disputes arising from agency contracts and brokerage agreements.
  • Representation of bunker suppliers, towing companies and container lessors in preparation of standard terms and conditions.
  • Representation of international steamship lines in connection with “stoppage in-transit” notices and related problems arising from the insolvency of large shippers.
  • Representation of owners of a sophisticated drilling ship in a product liability claim against the manufacturers of anchor chains which parted while the vessel was conducting drilling operations.
  • Representation of steamship lines and non-vessel-owning common carriers in connection with U.S. regulation of commercial shipping, including appearances before the U.S. Maritime Administration and the Federal Maritime Commission.

Partners & Counsel
The following partners and counsel practice in this area:




 
 

Curtis, Mallet-Prevost, Colt & Mosle LLP
Attorneys & Counsellors at Law


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