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Admiralty Litigation

What is a Maritime Lien?

A Maritime Lien is a privileged claim against a ship (e.g., for crew wages, salvage, collision damage) that follows the ship regardless of ownership change and allows for its arrest.

Does Georgia accept P&I Club Letters of Undertaking (LOU)?

While not automatically accepted by statutory law, in practice, Georgian courts and claimants often accept LOUs from reputable P&I Clubs as security to release a vessel.

Can I arrest a sister ship in Georgia?

Yes, Georgian maritime law generally allows the arrest of a sister ship (another ship owned by the same person who is liable for the maritime claim).

What is the time limit for filing a maritime claim?

Time bars vary depending on the claim type (e.g., 2 years for collision or salvage, 1 year for cargo claims). It is crucial to consult a lawyer immediately.

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Admiralty Litigation is a highly specialized area of civil procedure dealing with conflicts related to ships, navigation, and maritime commerce. Unlike ordinary litigation, admiralty proceedings are characterized by specific procedures such as the Arrest of Ship to secure a claim, enforcement of Maritime Liens, and issues of international jurisdiction. Due to intense vessel traffic in Georgian ports (Poti, Batumi), disputes between suppliers, crew, cargo owners, and shipowners are common, requiring fast and effective legal response.

What does Admiralty Litigation service cover?

Admiralty litigation specialists protect clients' interests in court and arbitration regarding the following issues:

  • Ship Arrest and Release: Arresting a vessel (Arrest in rem) to secure a claim or releasing an arrested vessel in exchange for a financial guarantee (P&I Club Letter of Undertaking).
  • Maritime Claims: Disputes arising from ship collisions, cargo damage, salvage operations, and towage contracts.
  • Crew Claims: Claims for unpaid seafarers' wages and compensation for personal injury, which have the status of privileged maritime liens.
  • Supplier Disputes: Non-payment for bunkers, water, provisions, and services supplied to the ship.
  • Judicial Sale: Enforcement of a court judgment through the forced sale of a vessel to satisfy debts.

Common Situations and Needs

Admiralty disputes often arise in critical situations:

  • Bunker Debt: A ship arrives at Poti port, but the bunker supplier arrests it due to unpaid fuel from a previous port call. The shipowner needs urgent legal assistance to release the vessel.
  • Collision in Waters: Two vessels collide while maneuvering. It is necessary to assess damages, determine liability, and file a lawsuit.
  • Cargo Damage: A cargo owner discovers that the cargo is damaged by seawater. They need to arrest the ship to secure compensation before the vessel leaves Georgian territorial waters.
  • Abandoned Crew: A shipowner goes bankrupt and abandons the crew in port without wages. Lawyers must initiate proceedings to sell the ship and recover wages.

Georgian Legislation and Regulations

Admiralty litigation in Georgia is regulated by the Maritime Code of Georgia and the Civil Procedure Code of Georgia. regarding ship arrest, Georgia follows the principles of the 1952 International Convention on Arrest of Ships (although not directly ratified, domestic law reflects its spirit). The Maritime Code defines the list of "Maritime Claims" based on which a ship can be arrested. Foreign law (mainly English) norms are often applied in court proceedings if the parties have made such a choice in their contract.

Service Process

The litigation process involves:

  1. Securing the Claim: Applying to the court for a ship arrest order (often ex parte - without the defendant's presence).
  2. Executing Arrest: Informing the Maritime Transport Agency and the Harbor Master about the prohibition of the ship's departure.
  3. Substantive Hearing: Hearing the dispute in court, presenting evidence (ship logs, expert reports).
  4. Settlement or Enforcement: Concluding the case with a settlement (providing a guarantee) or selling the ship at auction.

Why Legal.ge?

Admiralty disputes require immediate response—a ship may leave port in a few hours, leaving your claim unsecured. Legal.ge gives you access to specialized maritime lawyers who know the specifics of operational work with the Harbor Master and the court. Through our platform, you will find professionals who will effectively protect your interests in complex maritime disputes.

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