A separate body of law
Disputes about ships, cargo, and work on navigable waters usually fall under admiralty law, which federal courts handle, although many maritime claims can also be brought in state court. Maritime law has tools ordinary litigation does not, including the ability to arrest a vessel to secure a claim and maritime liens that can follow a ship even after it changes hands. Shipowners may also file a proceeding to limit their liability, which can draw related claims into a single federal case. Charter party and cargo disputes are frequently sent to arbitration in London or New York instead of court.
Deadlines and evidence that move fast
Cargo claims are often governed by statutes and bills of lading with short time limits, sometimes much shorter than for ordinary contract claims, and some call for prompt written notice of loss or damage. A vessel that could be arrested may be in port only briefly, so securing a claim can mean acting on very short notice. Survey reports, photographs, logbooks, electronic navigation data, and communications should be requested or preserved early, since crews change and records can be overwritten. Insurers, protection and indemnity clubs, and surveyors often become involved at once, and their roles should be understood before anyone gives a statement.
Mapping the claim
In a first consultation we identify the vessel, the parties in the chain of contracts, and every document that might contain a forum or arbitration clause, such as the bill of lading or the charter party. We check which time limits may apply and whether security for the claim can be obtained, through an arrest or through an agreement with the owner's insurer. For injured seafarers and harbor workers the analysis is different, since the law places those groups under separate regimes. From there we can discuss where the case belongs and what it will take to pursue or defend it.
