Marine Litigation

Due in part to its excellent geographic position as a gateway between Europe, North Africa and the Middle East, Malta remains an important shipping nation in the middle of the Mediterranean Sea. Malta has a strong legislative framework that relies heavily on the Merchant Shipping Act which was promulgated in 1973 and which, together with its subsidiary legislation, largely governs shipping and yachting activities in Malta.

Our Marine Litigation Services

Our team of maritime lawyers acts primarily for the P&I Clubs and underwriters, international law firms, ship and yacht owners and operators, and advises on the full spectrum of international trade, admiralty and crewing issues.

Each of the points above presents unique challenges and requires specialised legal expertise.

Charter Party Disputes

Charter party disputes often involve disagreements between shipowners and charterers regarding the terms and conditions of charter party agreements. These contracts govern the rental of a vessel or space on a vessel. Common issues include non-payment of hire, improper vessel performance, and delays. Our legal services in this area focus on interpreting contract terms, assessing breaches, and seeking appropriate remedies, which may include arbitration or court litigation. Our expertise in maritime law and familiarity with standard charter party forms, such as the BIMCO and NYPE forms, is crucial for effectively handling these disputes.

Cargo Claims

Cargo claims arise when goods transported by sea are lost, damaged, or delayed. The legal framework for cargo claims is complex, involving international conventions like the Hague-Visby Rules, the Hamburg Rules, and the Rotterdam Rules. Marine litigation services for cargo claims include determining liability, which can rest with the shipper, carrier, or consignee, and assessing damages. Our lawyers will navigate the intricacies of bills of lading, waybills, and other shipping documents, ensuring that clients receive compensation for their losses.

Salvage and Towage

Salvage and towage operations are critical in maritime emergencies, involving the rescue of ships, cargo, and crew from peril. Salvage claims are based on the principle of “no cure, no pay,” meaning salvors are compensated only if they successfully save the property. Our legal services in this area involve negotiating salvage awards, which are influenced by factors like the value of the salvaged property, the level of danger involved, and the skill of the salvors. Towage disputes, on the other hand, often involve contracts for towing services and require our expertise in contract law and maritime safety regulations.

Personal Injury and Death

Personal injury and death claims in the maritime sector can be complex due to the variety of applicable laws, including the Jones Act, the Longshore and Harbour Workers’ Compensation Act (LHWCA), and the Death on the High Seas Act (DOHSA). These laws provide remedies for seamen, harbour workers, and their families for injuries or fatalities occurring at sea or in navigable waters. Our legal services in this domain include investigating incidents, determining liability, and securing compensation for medical expenses, lost wages, and pain and suffering. Our lawyers are adept at handling both local and and international laws and understanding the unique working conditions at sea.

Heavy Weather Claims

Heavy weather claims arise from damages caused by severe weather conditions. These claims can involve cargo damage, vessel structural damage, and delays. The challenge lies in proving that the damage was due to extraordinary weather conditions and not due to negligence or unseaworthiness of the vessel. Our marine litigation services focus on collecting and presenting meteorological data, ship logs, and expert testimony to substantiate claims. Our lawyers are also  familiar with the concept of “act of God” defences and the obligations of carriers under maritime law.

Ship Arrest and Release

Ship arrest is a powerful legal tool used to secure maritime claims. It involves detaining a vessel to ensure the enforcement of a maritime claim. Our legal services in this area include obtaining arrest orders, navigating the procedural requirements in various jurisdictions, and negotiating the release of the vessel upon securing adequate security, such as a bank guarantee or P&I Club letter of undertaking. Our expertise in international maritime conventions, such as the Arrest Convention, and knowledge of local admiralty laws are essential for effectively managing ship arrest and release cases.

Ship Sale and Purchase

The sale and purchase of ships involve significant legal and financial considerations. Our marine litigation services in this area include drafting and negotiating sale contracts, conducting due diligence, ensuring compliance with regulatory requirements, and handling disputes that may arise from breaches of contract or issues discovered during inspections. Vassallo Associates’ lawyers are well-versed in the Saleform 2012 and other standard sale and purchase agreements and we understand the intricacies of ship registration, financing, and insurance.

Pollution and Casualty Investigation

Pollution and casualty investigations are critical aspects of marine litigation services, addressing incidents that result in environmental damage and loss of life or property at sea. Pollution claims often involve oil spills, chemical discharges, and other hazardous material releases, governed by international conventions such as MARPOL (International Convention for the Prevention of Pollution from Ships) and national regulations like the Oil Pollution Act (OPA) in the United States. Our legal services in this area focus on identifying the responsible parties, assessing environmental damage, and ensuring compliance with clean-up and remediation requirements. Our lawyers can navigate the complex interplay of maritime, environmental, and criminal laws, often coordinating with regulatory agencies and technical experts to build a robust case. Casualty investigations, on the other hand, involve probing into the causes of maritime accidents, such as collisions, groundings, and fires. These investigations require our multidisciplinary approach, combining legal expertise with forensic analysis, engineering, and navigational insights to determine liability and pursue appropriate compensation or defence strategies.

MLC and Abandonment of Seafarers

The Maritime Labour Convention (MLC) sets international standards for the working and living conditions of seafarers, aiming to ensure fair treatment, safety, and welfare. One of the critical issues addressed by the MLC is the abandonment of seafarers, which occurs when shipowners fail to fulfil their contractual obligations, leaving crew members stranded without the necessary resources for their repatriation or subsistence. Our marine litigation services in this area involve advocating for the rights of abandoned seafarers, facilitating their repatriation, securing unpaid wages, and ensuring compliance with MLC provisions. Our lawyers are familiar with working with international bodies, such as the International Labour Organisation (ILO), and co-ordinating with maritime unions and non-governmental organizations to provide the necessary support and legal recourse. Additionally, we can engage in negotiating with shipowners and their insurers to resolve disputes and ensure that seafarers receive the protection and compensation they are entitled to under international law.

Yachting Law

Yachting law is a specialised field within marine litigation services, addressing the unique legal needs of the yachting community, which includes yacht owners, operators, builders, and crew. This area of law encompasses a wide range of issues, from the construction and sale of yachts to operational disputes, crew employment matters, and compliance with safety and environmental regulations. Our legal services in yachting law often involve drafting and negotiating yacht purchase and sale agreements, handling registration and flagging issues, and resolving disputes related to yacht charters, maintenance, and refit contracts. Furthermore, yachting law also covers matters of liability and insurance, addressing claims arising from accidents, damage, and personal injury. Our legal specialists in this field have a deep understanding of both maritime law and the specific regulatory frameworks that apply to yachts, which can vary significantly depending on the vessel’s size, type, and intended use. Additionally, we are very familiar with the luxury market and the particular expectations and needs of high-net-worth individuals who are often the owners of these vessels.