At the heart of Dardani law firm’s activities is the assistance we offer in the field of maritime transport, and charterparties and bills of lading in particular.
Among our clients are shipowners, charterers, managers and shipbrokers, P&I Clubs and brokers.
Our clients enjoy assistance in particular for:
- The negotiation and conclusion of charterparties, whether they be on a bareboat, voyage or time basis, or time charter trips, as well as COAs (including the use of AMWELSH, SHELLTIME, NYPE, ASBATANKVOY, ENIVOY, GENCON, CEMENTVOY)
- All types of dispute arising from charterparty, both voyage and time, including disputes relating to the description of the ship, clauses for the cancellation and delayed delivery of the ship, readiness, laytime and demurrage, speed and consumption, cleaning of tanks and of the holds, stowage, sub-chartering chains, off-hire, payment of freight, liens and rights of retention on the goods, ship arrests, project cargo, dangerous cargoes, limitation of liability for the package or unit, penalties, piracy, safe port and place of refuge
- Disputes concerning the issuance and/or circulation of bills of lading or waybills
- All types of claim for damage to the cargo, quality, defects and contamination of the goods, also in collaboration with technical consultants
Maritime transport usually travels with an international sale of goods. The lawyers of this practice routinely deal with international trade in goods, and this means:
- negotiation and conclusion of contracts for the international sale of commodities and other goods, contracts under CIF, FOB, C&F or other INCOTERMS conditions
- assistance in litigation in relation to all disputes, from the payment of the price of the goods, to documentary credits and guarantees, the timing of delivery of the goods or their refusal on the part of the buyer, and damages for breach of contract
We represent and defend our clients in Court disputes or arbitration proceedings both in Italy and in London, thanks to the professional qualifications in English law of members of our team. Furthermore, an extensive network of known and trusted correspondents means we are able to assist our clients in disputes in every part of the world.
AMWELSH 1979 C/P: TERMINATION AS A RESULT OF AN EMBARGO
Arbitration in London on the right of the charterer to terminate the charterparty as a result of an embargo on goods of Colombian origin imposed by the Venezuelan Government: assistance in favour of the charterer with particular regard to the interpretation of clause 4 of the Amwelsh 1979 form, determination of the factual circumstances relating to the declaration of force majeure and termination of the contract
WRONGFUL ARREST IN NIGERIA
Assistance to the owner of a Panamanian-flagged ship seized in Lagos: unlawful arrest due to the erroneous identification of the registered owner in relation to a claim against the disponent owner, immediate release of the vessel
CARGO PROJECT: TRANSPORT OF OFFSHORE PLATFORM COMPONENTS
Advice to an Italian shipyard in drafting and negotiation of contracts and heavyliftvoy transport of components intended for a petroleum plant located in the south of Italy: assistance in the management of relationships with the yard's client and with the maritime carrier in the course of the execution of the contract
BUNKERS - INTERNATIONAL FRAUD
Assistance to a primary owner of chemical tankers in a complicated matter of international fraud in the context of supplying bunkers. Investigations into the factual circumstances. Negotiations with counterparties and the negotiation of an agreement
EARLY TERMINATION OF A TIME CHARTER WITH THE INSOLVENT CHARTERER
Assistance to an Italian shipowner in the early termination of a contract of time charter with an important Italian charterer enmeshed in financial problems: negotiating of settlement agreements with the bunker supplier and other preferential creditors
ARBITRATION AND PRECAUTIONARY MEASURES FOR A COMPLAINT REGARDING DEMURRAGE
Assistance to a Swiss owner in a dispute concerning the payment of demurrage accrued at the port of destination as a result of a time charter (Gencon 1994): dispute in administered arbitration (LMAA), the adoption of precautionary measures of seizure of funds in Switzerland
TRADING IN IRAN / IRAQ
Assistance to a Panamanian shipowner for the conclusion of time charter contracts with a primary trader of commodities with port calls in Iran and Iraq: evaluation of legal risks, due diligence regarding the subjects involved, drafting and negotiation of appropriate clauses of the charterparty
APPLICATION OF ICE CLAUSE IN A TIME CHARTER TRIP
Assistance for a Maltese owner in litigation against a British charterer concerning the failure to pay freight charges for the vessel's waiting time outside the port of Odessa in the winter
ARREST OF BULK CARRIER FOR WETTING OF COILS
Assistance to a major Dutch company in the field of trade in steel in the presentation of an application for arrest of a bulk carrier in the port of Naples as a protective measure for a credit against the shipowner for wet damage to a cargo of coils, until the release of the guarantee by P & I Club
CONTAMINATION OF A PETROLEUM PRODUCT
Assistance to the owner of a chemical tanker during loading operations, following the discovery of contamination of part of the cargo. Investigation into the origin of the contamination. Provision of defense and assistance in relations with the charterer. Advice on the drafting of the relevant bill of lading
THE NEGOTIATION OF A LONG-TERM TIME CHARTER
Assistance to a shipowner of chemical tankers in the analysis and negotiation of terms and conditions of a long-term charter contract with an oil major. Intervention and amendment of the clauses of the standard form used by the latter
DAMAGE TO THE CARGO DUE TO FAULTY LASHINGS
Assistance to a key Danish maritime carrier in a number of cases before the Court of Genoa relating to damages to leisure craft in the course of their transport from the United States to Europe. Application of the limitation of liability per package and unit despite the accusation of gross negligence formulated by the receiver