Charterparties are one example of the specialist legal documents used daily in shipping.  They are the key contracts between shipowners and the charterers of their vessels.  Charterparties come in many forms, including, time, voyage, bareboat and contracts of affreightment.  We can assist you with the drafting and any necessary negotiations, anticipating potential problems in advance and taking the necessary steps from the outset, by drafting and negotiating the right clauses.

Whether you are an owner or a charterer, we can assist you in understanding the terms and how they operate in practice.  We have the expertise to advise on all aspects of charterparties.  We can help you with interpretation and what to do when things go wrong.  We can advise on everything from a failure to pay freight or hire, to disputes about delay and liability provisions.

Charterparty disputes require immediate legal attention.  If they are not dealt with quickly and efficiently, there can be serious and costly implications.  Our aim is to help you minimise any disruption and keep your ships trading.  Where possible, we attempt to resolve disputes by negotiation, but only once the problem has been identified and analysed properly.  We can assist behind the scenes or upfront to suit your needs.

We can assist you to draft Joint Venture and Share Fishing Agreements, to safeguard the interests of each party.  For instance, pitfalls can arise where Agreements do not clearly define whether a worker is an “employee” or a “share fisherman”.  The implications of an Agreement that do not clearly define the relationship, can mean as an employer/tax paying company, you may or may not, be paying the appropriate taxes.

The Administrative Appeals Tribunal recently held that fishing crew members on a commercial fishing vessel were in fact not “employees”.  As such, the company employing the crew, was in fact not required to make superannuation contributions in respect of the crew members, who were found to be independent contractors operating under a joint venture agreement.

Subtle differences between cases can bring about different outcomes.

We can assist you with the drafting of your Agreements, to ensure you relationships are defined in accordance with your intentions.

Operators of insurers in the cargo, freight, transport and logistics industries, rely on the expert support of Ocean Blue Legal when dealing with complex international issues.

Our Maritime and Shipping team members have international expertise, gained through working directly for shipping companies in Europe, to secondments to similar specialist practices, in London.

We can provide advice in relation to:

• Cargo claims
• Bills of Lading
• Charterparty disputes
• Carriage of goods, cargo shortage, contamination and damage
• Contracts of affreightment
• Liner shipping
• Limitation of liability
• Marine and personal insurance
• Personal injury
• Stevedoring disputes

Ocean Blue Legal has considerable experience in acting for both buyers and sellers of new build, second-hand and scrap vessels.

We are regularly instructed to manage the drafting and documentary side of a transaction, from its inception to the Closing and Delivery of the vessel, including issues relating to vessel registration.

We offer both practical and legal advice, with respect to either the sale or purchase of new, or existing vessels.

We have acted for many clients both nationally and internationally, including Papua New Guinea and the Asia Pacific Region.

We can assist you by drafting the terms of agreement and making the necessary arrangements to protect your interests and ensure a smooth, trouble-free transaction.  We are dedicated to managing smooth transactions on your behalf.

Our firm has provided legal advice on all aspects of shipbuilding.  We represent owners, shipyards and suppliers in all of the shipbuilding sectors, to handle any of the problems throughout a construction or conversion project.  We can assist with the drafting and negotiation of the contract, anticipating any potential issues, to protect your interests throughout the build or repair.  While standard form contracts such as BIMCO contracts are popular, they do not always include provision for the unique circumstances of each transaction.  We can assist with a review and redraft, to ensure your interests are protected when a dispute arises.

In the current climate, clients need to be assured they will receive accurate and appropriate contract advice.  We have the necessary skill and experience to advise our clients when drafting and altering their contracts, as well as dealing with any potential disputes which may arise through these changes.

The ability to act for both the builders and the owners in the shipbuilding cycle, gives us an insight into both sides of the equation, whether dealing with new build or conversion.