Lawyers specialising in maritime and transport law
Maritime and Transport Law governs shipping operations, maritime trade, the carriage of goods and passengers, as well as the contracts, liabilities and insurance associated with these activities. It covers matters such as charter parties, bills of lading, general average, collisions, limitation of liability and procedures for the preventive arrest of ships.
This branch of law is particularly relevant to shipowners, shipping companies, shippers, freight forwarders, marine insurers and logistics operators who require legal certainty in complex commercial transactions, both domestic and international. The technical nature of this discipline requires a thorough understanding of the applicable international conventions, EU regulations and Spanish maritime law.
At BGI LAW, we provide legal advice on maritime and transport law, including the drafting and negotiation of charter parties, the handling of claims for damage to or loss of cargo, the provision of security, and representation in court or arbitration proceedings relating to the maritime and port sectors.
The firm’s experience in maritime and transport law
With offices in Marbella, Madrid and Vigo, BGI LAW has over three decades’ experience in assisting shipping companies, shipowners, shippers, freight forwarders and insurers in maritime and transport law proceedings throughout Spain. The firm’s location in areas with significant port activity enables it to act swiftly in proceedings relating to seizure, the provision of security and the handling of maritime claims.
In cases with an international dimension, the firm works in coordination with the international network BGI Global, which facilitates collaboration with correspondents in foreign ports and is particularly important in cases involving multimodal transport, incidents in international waters or the enforcement of judgements outside Spain. The approach combines rigorous contractual analysis, knowledge of the maritime sector and representation before specialist courts.
Key services in maritime and transport law
CHARTER PARTY AND MARITIME TRANSPORT CONTRACTS
FAULTS AND CARGO CLAIMS
PREVENTIVE SEIZURE OF VESSELS
Areas of practice in Maritime and Transport Law
Maritime operations
and liability
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Ramming and collisions
- Determination of liability.
- Expert analysis of nautical manoeuvres.
- Defensa y reclamaciones ante tribunales competentes.
Limitation of liability of the shipowner
- Analysis of the right to limit liability.
- Establishment of contingency funds.
- Coordination with insurers and P&I Clubs.
Marine insurance
- Insurance for hulls and machinery.
- Cargo and third-party liability insurance.
- Management of marine insurance cover and claims.
Transport, ports
and logistics
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Multimodal transport
- Combined sea-land operations.
- Coordination between successive carriers.
- Accountability in complex supply chains.
Port contracts and operations
- Port services and terminal operations.
- Concessions and administrative authorisations.
- Agreements on berthing, stowage and handling.
Shipbuilding and ship repair
- Shipbuilding contracts.
- Ship repairs and performance guarantees.
- Dispute resolution with shipyards.
Resolution of
maritime disputes
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Jurisdiction and applicable law
- Determination of the competent court.
- Analysis of the applicable law in international contracts.
Maritime arbitration
- Arbitration specialising in maritime matters.
- Enforcement of arbitral awards.
International maritime disputes
- Representation before specialist courts.
- Coordination with correspondents abroad.
Work methodology
1. Technical and legal analysis of the case
Review of transport documentation and applicable regulations.
2. Assessment of liability
Identification of liable parties and limits on compensation.
3. Strategy for making a claim or mounting a defence
Definition of jurisdiction, time limits, interim measures and negotiation.
4. Implementation and international coordination
Representation in court and coordination with correspondents abroad.
Frequently Asked Questions on Maritime and Transport Law
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What types of contracts are commonly used in maritime transport?
In maritime transport, charter contracts are primarily used, such as voyage charters, time charters and bareboat charters, as well as transport contracts documented by bills of lading. Each has a different legal framework in terms of the parties’ liabilities, time limits and obligations.
What is the time limit for claiming damages or loss in respect of goods carried by sea?
Generally speaking, the time limit for claiming damages or loss of goods is one year from the date of delivery or from the date on which delivery should have taken place. However, it is essential to check the contract and the applicable regulations, as time limits may vary depending on the type of transport and the relevant international convention.
When can an application be made for the preventive arrest of a vessel?
A preventive attachment of a vessel may be sought where there is a legally recognised maritime claim, such as claims for damages, non-payment arising from charter party agreements, supplies to the vessel or crew wages. This is an interim measure designed to ensure the debt is recovered.
What is the shipowner’s limitation of liability?
Limitation of liability allows the shipowner to limit the total amount of claims arising from certain types of damage linked to the operation of the ship, in accordance with the applicable international regulations. To benefit from this regime, a limitation fund must be established with the competent authority.
What happens if the goods arrive damaged or incomplete?
In the event of damage to or missing items in the goods, any reservations must be recorded at the time of delivery or within the statutory time limit. Subsequently, the relevant claims may be lodged with the carrier or the insurer, supported by expert reports where necessary.
What are P&I Clubs and what do they cover?
P&I Clubs (Protection and Indemnity Clubs) are mutual associations formed by shipowners and shipping companies that provide civil liability cover for risks not usually covered by traditional marine insurance. Among other things, they cover liability for damage to third parties, injury or death of crew members and passengers, damage to cargo, pollution, fines and certain costs arising from collisions or salvage operations. They are frequently involved in particularly complex maritime incidents.
What is multimodal transport?
Multimodal transport involves the use of different modes of transport, such as sea and land transport, under a single contract. This type of operation raises specific issues regarding liability and the applicable regulations, which must be analysed on a case-by-case basis.
What disputes can be resolved through maritime arbitration?
Maritime arbitration is commonly used to resolve disputes arising from charter party agreements, the carriage of goods, marine insurance or collisions. It provides a specialised forum and, in many cases, a more efficient means of resolving complex disputes.
Which court has jurisdiction in a dispute relating to international transport?
The competent jurisdiction depends on the terms of the contract and the applicable international regulations. It is common for contracts to contain clauses stipulating that disputes must be referred to specific courts or to arbitration; it is therefore essential to analyse each contract before bringing a claim.
Do you provide advice on maritime proceedings with an international element?
Yes. In maritime proceedings with an international element, such as operations in foreign ports or transport between different countries, the firm works in coordination with its correspondents and applies the relevant international regulations to ensure the matter is handled effectively.
Contact
In matters relating to maritime and transport law, a sound legal assessment is essential to protect the interests of the parties involved and ensure the safety of operations. The team at BGI Law analyses each case with technical rigour and an in-depth understanding of the maritime and port sector.
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