Disputes

Whether Charter Disputes, Disputes Under Sale And Services Contracts Or Ship Building Contracts –
We Perform!

Charter Disputes

Charter disputes may be quite challenging and complicated. Potential clients may be charterers as well as trading houses and large import and export companies. Disputes may arise under voyage and time charter parties.

Typical charter disputes may be:

  • Speed and consumption claims
  • Apportionment of cargo claims between owner and charterer
  • Cargo quantity disputes
  • Non performance claims
  • Bunker disputes / claims
  • Laytime and demurrage disputes
  • Off hire claims
  • Agency disputes
  • Unlawful deviation
  • Notice of readiness disputes
  • Frustration of contract
  • Apportionment of costs and expenses
  • Cargo-worthiness
  • Routing (The Hill Harmony)
  • Payment of freight or hire
  • Lien on cargo, bunker or vessel
  • Delivery and redelivery of the ship
  • etc.

Charter disputes are often dealt with by arbitration, hence in many cases the involvement of expensive lawyers may be avoided to the benefit of the client.

 

Disputes under sale and service contracts

Every sale or service contract between merchants may lead to disputes resulting in financial losses to one of the parties involved, perhaps in combination with counter claims by the other party.

Typical disputes may be:

  • Quality and quantity claims
  • Late or non-delivery of goods
  • Non-performance or under-performance
  • Fraud or abuse of given rights (ostensible authority)
  • Disputes on contractual penalties or fines
  • Transfer of rights and obligations
  • Business interruption, insolvency, bankruptcy

Disputes under sale or service contracts may often be settled amicably by negotiation or by mediation or arbitration.

 

Disputes under ship building contracts

Disputes under ship building contracts may be quite complicated and controversial. The claim amounts at stake are often large and may bring one or the other party into insolvency. Many cases require a high technical expertise which law offices often lack.

Typical disputes may be:

  • Quality disputes and delays during construction
  • Performance claims after delivery
  • Guaranty claims and associated loss of earnings
  • Accidents during construction

It is not seldom that ship building contracts are subject to arbitration in Zurich, Swiss law to apply. Due to the complexity of some cases, it may be preferable to solve the disputes by commercially minded mediation.