Legal services

The UK is the world's leading centre for the provision of legal services to the international maritime community. English law is applied to shipping disputes far more widely than the law of any other country.

Legal services in the maritime sector are routinely required for contentious and non-contentious work relating to a wide range of matters including charterparties, shipbuilding, finance, commodities, energy, insurance, cargo, collision, salvage, general average and pollution. Many disputes are settled in the specialised Admiralty and Commercial Courts, or through various private forms of dispute resolution.

A unique aspect of the English legal system is the ability of the winning party to recovers the majority of his costs - not merely tariff or administrative fees. This discourages parties from bringing baseless claims simply to force a settlement.

Court fees are low and because of the number of experienced judges and arbitrators available, cases can be heard quickly. However, according to the Admiralty Solicitors Group, the vast majority of disputes dealt with in London are resolved in a commercial manner before they reach a trial or arbitration.

Certain solicitors in England can act as advocates and it is not always necessary to employ a barrister. This is particularly so in arbitrations and smaller cases, with consequent savings in costs. Even where a case proceeds to a hearing, it is often open to parties to agree, in order to save costs, that it should be decided on documents and written submissions alone without oral argument.

Barristers
Five barristers' chambers are listed by Chambers directory as regularly undertaking shipping and commodity related work. About 200 barristers work to help resolve maritime disputes, acting in different roles as advocates, advisers or arbitrators.

Arbitration
More maritime disputes are referred to arbitration in London than anywhere else. In 2006 members of the London Maritime Arbitrators Association (LMAA) received 2500 new arbitration appointments and published more than 450 awards.

Arbitrations in London are conducted under the Arbitration Act 1996. The LMAA Terms  are the terms on which LMAA members usually accept arbitration appointments in maritime cases. Where the members of the tribunal accept the appointment on such terms, they apply to and govern the procedure adopted in the arbitration reference.

The LMAA has also instituted its Small Claims Procedure (SCP), Fast and Low Cost Arbitration (FALCA) and Mediation Terms which together offer those involved in maritime matters a wide range of choice for the resolution of disputes.

The Commercial Court
About half of the 1,000 to 1,200 annual claims heard by the UK's Commercial Court in recent years have been maritime related commercial disputes, although less than 100 of claims each year have come to trial. In 2006 1005 claim forms were issued and 72 trials were heard. These mostly involved charterparty disputes, claims for damage to or short delivery of cargo, and disputes under marine insurance policies.

Admiralty Court
The Admiralty Court deals with shipping and maritime disputes including collision, salvage, carriage of cargo, limitation and mortgage disputes.

The Court can arrest vessels and cargoes and sell them within the jurisdiction of England and Wales.

In 2006 128 claim forms were issued and seven trials heard.

Links

Admiralty Solicitors Group
Clyde & Co
Holman Fenwick & Willan
Ince & Co
Institute of Maritime Law
Norton Rose
Thomas Cooper
Watson Farley & Williams