Dardani Studio Legale routinely assists clients in all matters arising from maritime casualties.
The experience of our law firm ranges from single ship averages, to major casualties, with environmental implications and with oil pollution.
Assistance, both judicial and extrajudicial, concerns cases of vessel or cargo salvage, cases of collisions between ships and general average, with all related insurance aspects.
We assist shipowners or cargo interests on a broad range of matters including:
- Responsibility for collision between ships and between ships and harbor works
- Salvage of ship and cargo, and determination of the relative reward
- Average – particular or general
- Guarantees linked to the incident
- P&I Insurance
- H&M Insurance
- Damage to cargo
- Damage to passengers
- Injuries on board
- Ship arrest
- Limitation of shipowner’s liability
- CLC limitation and IOPC Fund coverage
- Obligations and liabilities of classification societies
The law firm assists its clients both in the strategic steps of handling the incident as well as in the case of a dispute, representing their interests before the judicial authorities, as well as in arbitration, even for precautionary measures.
GROUNDING AND CONSTRUCTIVE TOTAL LOSS
Abandonment of ship to the insurers and management of an insurance claim in the interest of the bareboat charterer, also in dealings with the registered owner. Subsequent assistance to the various steps of the wreck removal operations on behalf of P&I Club
ACTION AGAINST CLASSIFICATION SOCIETY
Defense of primary owner in judicial proceedings initiated against the ship's classification society and the charterer before the Genoa Court of First Instance and the Court of Appeal for the purpose of obtaining compensation for damage suffered as a result of the early termination of a long-term time charter
TOTAL LOSS OF A CARGO OF MARBLE DUE TO VESSEL SINKING IN BRAZIL
Assistance of an Italian charterer in a case of grounding and subsequent sinking of a ship with 160 blocks of Carrara marble on board in front of the port of Fortaleza, Brazil. Handling of issues arising with Brazilian local authorities and assistance in various disputes with the owner and with the parties concerned with the cargo interests
BREAKING OF MOORINGS IN PORT AND SALVAGE OF OIL TANKER
Assistance to the shipowner in the various phases subsequent to breakage of moorings due to adverse marine weather conditions whilst vessel was performing quayside commercial operations. Intervention by local tugs and handling of preliminary Court survey procedure for the assessment of damages suffered by the quayside, then negotiation of the wording of the guarantee to be released in favour of local tugs that had intervened and subsequent legal defense of the shipowner in the case for salvage reward brought by the tugs
ENGINE ROOM FIRE DURING UNLOADING
Emergency assistance to the owner of a chemical tanker as a result of fire breaking out in the engine room during unloading operations. Assistance in dealings with the charterer and cargo interests, as well as with the terminal and with the insurers and their local correspondents. Contractual advice about the interpretation of the relevant clauses of the charterparty
LIMITATION OF LIABILITY IN ITALY
Assistance in favour of a foreign ship owner following a collision in the Bosphorus. Establishment of Italian jurisdiction and consequent limitation of liability proceedings before the Italian judicial authority in accordance with the Code of navigation procedures but with reference to the London Convention of 1976