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Maritime Law

My cargo arrived damaged. How do I claim compensation?

You must notify the carrier immediately and invite a surveyor to inspect the damage. The claim relies on the Bill of Lading terms and applicable laws (like Hague-Visby Rules). We assist in compiling the evidence package and negotiating with the carrier's P&I club for full compensation.

How can I dispute unfair demurrage charges?

Demurrage disputes often hinge on the interpretation of "Laytime" and "Exceptions" clauses in the Charterparty. If delays were caused by port strikes, bad weather, or the ship's fault, you may not be liable. We analyze the logbooks and contracts to challenge unjustified fines.

What is the difference between a Charterparty and a Bill of Lading?

A Charterparty is a contract for hiring a ship (whole or part), while a Bill of Lading serves as a receipt for cargo, a document of title, and evidence of the carriage contract. Understanding which document governs your relationship is crucial in disputes. We provide expert contract analysis.

Can a freight forwarder hold cargo for unpaid fees?

Yes, under Georgian law and standard trading conditions, a forwarder often has a general lien on cargo for outstanding debts. This means you can legally retain the goods until the client pays. We help structure this process to avoid legal backlash for wrongful detention.

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Note: This service (1118) is also "Maritime Law". To create unique content, we will focus here on Maritime Shipping and Logistics, which is the commercial part of maritime law.

Maritime shipping law regulates the transportation of goods by sea, which is the backbone of global trade. Georgia, as a transit hub, plays a significant role in regional logistics. This field covers relations between cargo owners, carriers, freight forwarders, and ports. Legal services here focus on shipping contracts (Charterparties, Bills of Lading), damage compensation for cargo loss or damage, and demurrage disputes. Commercial maritime law is complex and international in nature, often applying English law principles and international arbitration. Qualified legal assistance is essential to hedge risks and resolve disputes effectively.

What Does Maritime Shipping Legal Service Cover?

Our experts offer full commercial support in maritime logistics:

  • Shipping Contracts: Drafting and analyzing charter agreements (Voyage, Time, Bareboat Charter) and Bills of Lading.
  • Cargo Claims: Handling disputes in cases of cargo damage, shortage, or delay.
  • Demurrage and Detention: Legal regulation of fines imposed for ship or container detention (Demurrage/Detention).
  • Port Services: Contracts with stevedoring (loading/unloading) companies and port terminals.
  • Marine Insurance: Managing insurance claims (H&M, Cargo Insurance) and obtaining compensation.
  • International Arbitration: Representation in London (LMAA) or other maritime arbitrations.

Common Scenarios and Needs

Importers often face problems when cargo arrives at the port damaged, but the carrier disclaims liability based on Bill of Lading terms. Exporters frequently deal with demurrage issues when a ship cannot berth on time, forcing the cargo owner to pay fines. Forwarders also need protection when a client fails to pay service fees, necessitating a lien on cargo to secure the debt.

Georgian Legislation and Regulations

Commercial shipping is regulated by the "Maritime Code of Georgia" and international conventions such as the Hague-Visby Rules. These rules define the limits of carrier liability. Arbitration disputes are covered by the "Law on Arbitration". Correct application of INCOTERMS rules in sales contracts is also important.

The Process: How a Specialist Works

In case of cargo damage, the lawyer immediately appoints a surveyor (independent expert) to assess the damage. A Letter of Protest is then sent to the carrier. If the case involves demurrage, the lawyer analyzes the Statement of Facts and charter terms. In a dispute, the lawyer attempts settlement, and if necessary, proceeds to court or arbitration.

Why Legal.ge?

Maritime logistics is full of risks and hidden costs. Legal.ge gives you access to commercial maritime law experts who understand the language of international trade. Specialists on our platform will help you draft contracts, protect your cargo, and resolve disputes in your favor. Ensure your cargo's safety with Legal.ge.

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