ARNECKE SIEBETH DABELSTEIN is your service provider for all legal aspects of the maritime industry. The challenges are rising due to the progressive globalisation and rapidly changing markets. Hence, these days in addition to traditional shipping law, the areas of corporate, M&A, as well as all project financing models are of increasing importance. We are one of Germany’s largest and most renowned law firms in maritime commercial law. We provide tailor-made solutions. As your lawyers, we do not just apply the law, we advise holistically and provide pragmatic solutions.
We operate in all areas within the general maritime and inland waterways law. We advise and assist in the preparation and negotiation of contracts, represent in court and before arbitration tribunals. Collisions, accidents and salvages, limitation of liability procedures, injunctions and, specifically, arrests, general average, cargo and charter contracts, bills of lading, ship management contracts, cargo damage and personal injury, maritime labour law and public shipping laws, as well as the criminal liability of the parties involved, are part of our professional practice. Our quality networking with law firms many foreign jurisdictions allows us to also act quickly across borders.
The shipping industry is cyclical. The companies in the maritime economy are constantly changing, adjusting to the markets: competitors are acquired, or shares are sold. Corporate consolidations take place at the international level; international private equity or hedge fund investors, the former also from Asia, are absorbed by existing local companies. All these and other processes require profound knowledge in the field of M&A, both in terms of share deals and asset deals. In the case of maritime restructuring, extensive knowledge of corporate law and insolvency law plays a significant role. We also focus on transactions carried out before or during insolvency. Through our decades of experience with shipping companies, banks, and other maritime enterprises, we are able to handle all of these issues across borders not only legally, but also in an entrepreneurial and strategic manner.
If you want to engage in the shipping industry, you have to order or purchase a ship at a shipyard. In most cases it is necessary to have a tailor-made contract, including the ship financing. Our advice includes the drafting of the complete contract documentation for loan and collateral agreements, the drafting and execution of sale- and purchase contracts, the registration of ship and mortgage. Our services range from the classic financing of one-ship companies , to complete fleet financing, as well as leasing models. Here we act for shipping companies, investors, financial institutions, and banks.
Our clients from the area of shipbuilding and the ship-supply industry include shipyards, suppliers, and system manufacturers, as well as shipping companies, and service providers. We assist in the drafting and negotiation of construction-, conversion- and repair contracts, as well as international cooperation and consortium contracts and the construction and contractual optimisation of worldwide distribution- and service systems. In addition, we offer project support from awarding the tender – including formal tendering procedures – to claim-management and we assist in the prosecution and defence of warranty and product liability claims.
We advise our clients on all aspects of maritime and transportation insurance law: marine hull, protection & indemnity, loss of hire/freight, building risk, shipyard liability, internal hull and inland navigation liability, and goods.
In all mentioned areas we advise on the drafting of general insurance conditions and special coverage concepts. The monitoring and processing of claims make up a large percentage of the work in our practice.
With our competence in the maritime sector, and the legal areas associated with the cruise industry, we offer a one-stop shop full-service from one source. In the fields of high seas and river cruise, as well as expedition cruise, we advise and assist the cruise industry, inter alia, on charter and subcontracting contracts, contracts in the hotel and entertainment sector, service providers and tour operators, terminal use and energy supply on board, drafting of general terms and conditions, data protection and data security laws and regulations, travel law and the defence against fines and ship arrests and to labour law (MLC). Environmental protection and sustainability (emissions and waste disposal) are a sensitive issue in the industry. In this area, we provide advice on the legal and regulatory requirements (IMO and EU regulations) and their contractual implementation.
In the area of yachts (especially super and mega yachts) we advise, inter alia, yacht owners, project managers, shipyards and yacht designers, on the choice of the appropriate legal form of demutualisation, as well as on the design of construction, yacht design, insurance, and financing contracts. We also advise and assist yacht insurers on their insurance terms and conditions as well as in the handling of at times spectacular major casualties.
Gafta and Fosfa
We advise, assist and represent our clients in respect of international contracts on Gafta or Fosfa Basis (quality disputes, binding effect of analysis certificates, payment claims, demurrage, etc.) including sanctions and arbitration proceedings in London.