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Admiralty Law

Does the "polluter pays" principle apply in Georgia?

Yes, under Georgian law and international conventions (CLC), the shipowner is strictly liable for pollution damage caused by oil spills.

What is Lloyd's Open Form (LOF)?

LOF is a standard form contract for salvage operations that allows salvage services to be provided immediately without negotiating price, which is determined later by arbitration.

Can I arrest a ship for collision damage?

Yes, a claim arising from collision damage is a "maritime claim" giving rise to a right of arrest under Georgian law to secure the claim.

Who is liable if a pilot causes an accident?

Generally, the pilot acts as an advisor to the captain. The shipowner remains responsible for the ship's navigation, even if a pilot is on board, unless gross negligence by the pilot is proven.

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Admiralty Law, often used interchangeably with Maritime Law, specifically covers issues related to navigation, ship collisions, salvage at sea, and maritime liens. It is one of the oldest branches of law, regulating relationships between private individuals and companies operating on the high seas and in territorial waters. Georgia, as a maritime nation, is actively involved in international admiralty relations. Admiralty law encompasses both contractual (e.g., towage, pilotage) and tort (damage) relationships, where specialized knowledge in investigating maritime incidents and allocating liability is crucial.

What does Admiralty Law service cover?

Services in this category focus on specific incidents and operations related to navigation:

  • Collision: Determining liability for collisions between two or more vessels according to COLREGs (International Regulations for Preventing Collisions at Sea) and compensation for damages.
  • Salvage: Legal support for operations to save a vessel or cargo in distress at sea and determining the amount of Salvage Reward (e.g., using Lloyd's Open Form).
  • General Average: A complex procedure where sacrifices made to save the ship (e.g., jettisoning cargo) are proportionally shared among all parties.
  • Towage and Pilotage: Disputes arising from incidents occurring during ship towing or piloting in/out of port.
  • Wreck Removal: Obligations related to the removal of sunken vessels and reimbursement of costs.

Common Situations and Needs

Involvement of admiralty law specialists is essential in crisis situations:

  • Port Collision: A ship collided with a berth or another vessel while maneuvering. Urgent response is needed to secure evidence (VDR data, logs) and assess damage.
  • Engine Failure at Sea: A ship is left drifting and requires towing. The captain must sign a towage contract without prejudicing the shipowner's interests with "Salvage" terms.
  • Piracy: An attack or hijacking of a ship, requiring complex negotiations and insurance reimbursement.
  • Pollution: Fuel spill resulting from an accident, leading to civil liability for environmental damage.

Georgian Legislation and Regulations

Admiralty relations are regulated by the Maritime Code of Georgia, which details rules for collision, salvage, and general average. Additionally, Georgia is a party to international conventions such as the 1910 Collision Convention and the 1989 Salvage Convention. These international acts ensure that disputes arising in Georgia are resolved according to globally recognized standards. In admiralty cases, York-Antwerp Rules are often used for regulating general average.

Service Process

Managing an admiralty case involves:

  1. Incident Investigation: Establishing facts, involving experts and surveyors to investigate causes.
  2. Security: Arresting a ship or demanding a bank guarantee to secure compensation for damages.
  3. Negotiation: Resolving the dispute out of court, often with the participation of P&I Clubs.
  4. Litigation/Arbitration: Hearing the case in court or maritime arbitration (e.g., London LMAA).

Why Legal.ge?

Admiralty law requires not only legal knowledge but also technical understanding of maritime affairs. Legal.ge allows you to connect with experts who understand the nuances of navigation and can protect your interests in complex maritime incidents. Find a qualified lawyer on Legal.ge and ensure the protection of your maritime assets.

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