Shipping Disputes
Through deep understanding of Cyprus maritime law, maritime conventions and regulations, including the Admiralty jurisdiction of the Cyprus Admiralty Court, we are able to offer comprehensive legal support to ship owners, charterers, cargo owners, or marine insurers, when the need for support arises within the framework of Cyprus law.
Our Shipping Litigation services encompass a wide range of legal matters, including:
- Cargo Claims: We provide legal representation and guidance in cargo disputes under Cyprus law, such as damage, loss, or delay claims;
- Charter Party Disputes: Through in-depth knowledge of charter party agreements within the context of Cyprus law, we can assist in resolving disputes arising from breaches of contract, laytime and demurrage issues, off-hire claims, and more. We strive to protect our clients’ contractual rights and minimize potential losses.
- Collisions and Salvage: In the unfortunate event of a collision or a salvage operation, we can offer strategic advice and skilled representation while working closely with industry experts for the purposes of professional investigation. Upon determination of liability within Cyprus law, we pursue compensation for damages suffered through the Cyprus Admiralty Court.
- Marine Insurance Claims: We are here to assist on handling marine insurance claims under Cyprus law, including hull and machinery insurance, protection and indemnity (P&I) insurance, and freight demurrage and defense (FD&D) insurance. We can assist for our clients' interests, ensuring fair settlement negotiations or litigation within the Cypriot jurisdiction, when necessary.
- Ship Arrests: If urgent action to secure a maritime claim within Cyprus is required, through strategic litigation, our firm assists in obtaining and defending ship arrests in accordance with Cyprus law. We can provide immediate and effective legal remedies to protect our clients’ rights and ensure the enforcement of maritime liens and other claims within the Cyprus Admiralty Court. Although Cyprus is not a signatory to the 1952 Arrest Convention, it is important to note that the United Kingdom has ratified the Convention through the Administration of Justice Act 1956. Consequently, the Administration of Justice Act 1956 applies to Cyprus due to its Constitution and the provisions outlined in section 29 of Law No. 14/60.
At AGPLAW, we pride ourselves on delivering tailored and practical solutions to our clients within the framework of Cyprus admiralty law. With our extensive knowledge, meticulous attention to detail, and a client-centric approach, we are committed to achieving favorable outcomes for our clients within the Cyprus legal system. For all maritime related enquiries, please contact us at agp@agplaw.com All enquiries will be treated with the outmost confidentiality at all times.
- Cargo Loss and Damage Claims: Cargo loss and damage claims in Cyprus are governed by the Carriage of Goods by Sea Law (Cap. 263), which is based on the Hague-Visby Rules. This law, amongst further rules and regulations, applies to contracts for the carriage of goods by sea where the port of loading or discharge is in Cyprus or when Cyprus law is chosen as the governing law. It establishes the rights and obligations of the carrier and the shipper, including liability for loss, damage, or delay to the cargo. Parties can seek damages or other claims through the Cyprus Admiralty Court, which has jurisdiction over such claims.
- Charterparties Disputes: Charterparties, which are agreements for the hire of a vessel, are governed by contract law principles in Cyprus. The terms and conditions of the charterparty agreement dictate the rights and obligations of the parties involved, including the shipowner, charterer, and any sub-charterers. Disputes arising from charterparties can be resolved through arbitration or litigation in Cyprus, depending on the dispute resolution clause in the agreement.
- Freight, Demurrage, and Off-Hire: The calculation and payment of freight, demurrage, and off-hire are typically governed by the terms of the charterparty agreement. Freight refers to the payment made for the transportation of goods, demurrage is the compensation for exceeding the agreed time for loading or unloading, and off-hire refers to the period when a vessel is not earning revenue due to certain agreed-upon circumstances. The terms and conditions related to these matters are usually negotiated between the parties, and disputes can be resolved through arbitration or litigation in Cyprus.
- Collision Claims: Collision claims arise when two or more vessels collide and result in damage or loss. In Cyprus, collision claims are primarily governed by the Admiralty Jurisdiction Order of 1893, and the Convention on the International Regulations for Preventing Collisions at Sea of 1972 which incorporates the International Regulations for Preventing Collisions at Sea (COLREGs). Parties involved in a collision can bring claims for damage to their vessels or cargo. The Cyprus Admiralty Court has jurisdiction over collision claims, and it can determine liability and assess damages.
- Towage and Salvage Claims: Towage and salvage claims involve the provision of assistance and rescue services to vessels in distress. Parties involved in towage or salvage can seek compensation for services rendered, including a proportionate share of the salved value of the vessel or cargo. Disputes regarding towage and salvage can be resolved through arbitration or litigation in Cyprus.
- Vessel-Related Personal Injury Claims: Vessel-related personal injury claims in Cyprus can arise from accidents or injuries suffered by crew members, passengers, or other individuals on board a vessel. These claims are typically governed by the provisions of the maritime law in Cyprus, which is comprised of several legal frameworks defining maritime activities, navigation and transportation of goods or passengers by sea, which also incorporate international standards for seafarers' rights and safety. The Cyprus Admiralty Court has jurisdiction over vessel-related personal injury claims and can determine liability and award compensation.
- Employment Issues Regarding Officers and Crew: Employment issues regarding officers and crew members are governed by the provisions of the maritime laws in Cyprus which incorporates international standards and regulations concerning seafarers' employment rights, working conditions, and welfare. It covers aspects such as employment contracts, wages, working hours, rest periods, repatriation, and dispute resolution mechanisms. Disputes related to employment issues can be resolved through arbitration or litigation in Cyprus.
