FAQ

A maritime claim is a legal claim arising from a vessel, its operation, ownership, management, supply, repair, transportation activities or other maritime services. Claims may involve unpaid invoices, ship repairs, marine services, cargo, charterparties, collisions, insurance, crew matters and other shipping-related obligations.

Yes, depending on the applicable law and the circumstances of the transaction. Ship supply, provisions, spare parts, technical services and other services provided to a vessel may create a maritime claim in certain jurisdictions.

Potentially. Vessel arrest is a court-controlled legal remedy and depends on the nature of the claim, the applicable national law, the parties involved and the evidence available.

Ship arrest is a legal procedure used to prevent a vessel from leaving or operating freely while a qualifying maritime claim is secured or determined. The procedure varies significantly between jurisdictions.

In maritime legal practice, the expressions are generally used interchangeably. Both refer to a legal process intended to place a vessel under judicial control or otherwise restrict its departure to secure a qualifying claim.

Brazilian law provides procedures for requesting judicial measures involving vessels, but an arrest requires an assessment of the applicable maritime claim and procedural requirements. Brazilian courts may consider the probability of the right and urgency in appropriate cases.

Argentina has specific maritime provisions governing precautionary measures and vessel embargoes. Whether a particular vessel can be arrested depends on the claim, vessel status, evidence and applicable procedural requirements.

Chile has specific provisions concerning vessel arrest under its Commercial Code. A qualifying credit and supporting evidence are important, and the court may require countersecurity depending on the circumstances.

A maritime debt may be pursued through the applicable Colombian legal procedures. The correct strategy depends on the contract, debtor, vessel, documentation, jurisdiction and nature of the claim.

Potentially. An unpaid ship invoice should first be reviewed to determine the contractual parties, delivery evidence, applicable law and available legal remedies in Peru.

Yes. A maritime lawyer can review the contractual and documentary position, identify the appropriate debtor, assess available remedies and coordinate negotiations or legal proceedings where appropriate.

Typical documents include invoices, purchase orders, delivery receipts, bunker documents, signed service reports, statements of account, correspondence, contracts and vessel information. The exact documents depend on the claim.

They can be highly useful evidence. A signed and stamped delivery receipt may help establish that goods or services were actually delivered to the vessel.

Email correspondence can be relevant evidence, particularly when it confirms orders, delivery, acceptance, outstanding balances or promises to pay. Its legal value depends on the applicable law and the complete documentary record.

Not automatically. The legal responsibility of a ship agent depends on the contractual relationship, authority in the transaction and applicable law.

This depends on the nature of the claim and the applicable jurisdiction. The contractual relationship between supplier, charterer, operator and owner must be examined before determining potential liability.

In some jurisdictions and circumstances, a chartered vessel may be subject to arrest for a qualifying maritime claim. The precise requirements vary between countries.

A maritime lien is a special form of maritime security interest that may attach to a vessel in circumstances recognized by applicable law. Its existence, priority and enforcement vary between jurisdictions.

In some legal systems, certain maritime liens may continue against the vessel despite a transfer of ownership. This is highly jurisdiction-specific and requires legal review.

In jurisdictions that permit sister-ship arrest, another vessel owned by the party liable for a qualifying maritime claim may potentially be arrested. The applicable law must be examined carefully before taking action.

Maritime debt collection is the process of recovering unpaid amounts arising from shipping activities, including ship supplies, repairs, technical services, agency services and other maritime transactions.

The process normally starts with reviewing the debt, identifying the responsible party, checking supporting documents and assessing the applicable jurisdiction. A formal demand or negotiation may then be considered.

In many cases, a formal demand can be useful, but it is not necessarily appropriate in every situation. If there is a genuine risk that a vessel may leave, urgent legal action may need to be assessed immediately.

The timing depends on the jurisdiction, court procedure, vessel location, available evidence and urgency. Advance preparation is important because vessels can have short port calls.

In some jurisdictions, judicial measures may be possible while a vessel is at anchorage or within the relevant territorial jurisdiction. The precise rules must be checked locally.

Potentially, provided the applicable legal requirements are satisfied. Port-specific timing and local court procedures can be important.

A vessel calling at Rio de Janeiro may potentially become subject to a judicial measure if the applicable Brazilian legal requirements for the relevant claim are satisfied. Local maritime counsel should assess the claim before action.

The possibility of vessel arrest at Santos depends on the nature of the claim, vessel status, evidence and Brazilian procedural requirements. Immediate review can be important when the vessel has a short port stay.

A vessel calling at Itaguai Port may be subject to legal measures where the applicable Brazilian requirements are satisfied. The vessel's ETA, ownership and documentary evidence should be reviewed promptly.

South America Maritime Claims coordinates with maritime legal professionals and local counsel for matters requiring Brazilian legal assistance. Each case is assessed according to the applicable Brazilian legal framework.

Yes. We coordinate with local maritime legal professionals for claims and shipping disputes requiring legal assistance in Argentina, including matters connected with major Argentine ports.

Yes. We coordinate with local counsel for maritime claims, vessel arrest matters and shipping disputes in Chile. Chile has specific statutory provisions concerning vessel arrest and maritime proceedings.

We can coordinate with appropriate Colombian maritime counsel depending on the nature and location of the claim. The documentation and contractual structure are reviewed before recommending a legal route.

We coordinate with local legal professionals for maritime claims and shipping disputes in Peru, including claims connected with ports such as Callao, Paita, Matarani and Ilo.

Yes. Maritime claims involving Ecuadorian ports can be reviewed and coordinated with appropriate local legal professionals depending on the circumstances.

Yes. We coordinate maritime legal matters involving Uruguay, including claims connected with Montevideo, Nueva Palmira and other relevant maritime locations.

Yes. We can coordinate with local maritime legal professionals for vessel-related claims, maritime debt recovery and shipping disputes in Venezuela.

Yes. Paraguay has an important inland waterway shipping sector, particularly along the Paraguay-Parana Waterway. Maritime and river transport claims require consideration of the applicable Paraguayan legal framework.

Yes. Bolivia has important river-port and inland waterway activities connected with the Paraguay-Parana Waterway. Legal assessment must take account of the specific nature of the vessel, port and claim.

Yes. Maritime claims involving Georgetown and other Guyanese ports can be coordinated with appropriate local legal professionals.

Yes. We coordinate with local legal professionals for maritime claims and shipping disputes involving Suriname and its principal commercial ports.

Yes. Ship supplier debt recovery is one of the principal areas we coordinate with maritime lawyers and local legal professionals. Claims may involve provisions, technical materials, spare parts and other vessel supplies.

Yes. We assist with the legal assessment and recovery process for unpaid ship repair, maintenance and technical service invoices.

Yes. Claims involving underwater services, diving, electrical work, mechanical repairs, welding, inspections, maintenance and other marine services can be reviewed.

A ship chandler may have legal recovery options depending on the transaction and applicable law. Delivery documentation, invoice records and the identity of the contracting party are particularly important.

Potentially. Marine contractors may have claims arising from repair, maintenance, diving, engineering, inspection or other services performed for a vessel.

A disputed debt should be examined through the available documents and correspondence. Legal counsel can assess whether the evidence supports negotiation, formal proceedings or another remedy.

The vessel's ownership, management, registered company, agent, flag and other relevant information can be investigated. Identifying the correct legal party is an important part of maritime debt recovery.

A vessel's IMO number normally provides an important means of identifying the ship despite changes in name or flag. Ownership and corporate records should also be reviewed.

A change of ownership can significantly affect a maritime claim. Certain rights may attach to the vessel under applicable law, while other claims may remain against the original contractual debtor.

This depends on the legal nature of the claim. Where the claim is personal to the previous owner, recovery from a new owner may be different from a claim that legally attaches to the vessel.

Yes. The flag, ownership, location, contractual parties and applicable maritime law can all be relevant. However, the law of the country where the vessel is located may also be critical for a proposed arrest.

P&I information can help identify insurance interests and relevant contacts, although P&I cover does not automatically mean that an unpaid commercial invoice will be paid.

Yes. Vessel identity, IMO number, ownership information, management details, flag, class information and current or expected port movements can be relevant to a maritime claim assessment.

Yes. Vessel movements can be important when assessing the timing and jurisdiction for potential legal action. We can coordinate with appropriate local maritime counsel where action in a particular country is being considered.

A foreign governing-law clause does not necessarily eliminate the possibility of seeking local remedies, but the interaction between the governing law, jurisdiction clause and local procedural law must be carefully examined.

Yes. Many shipping contracts contain arbitration clauses. Depending on the jurisdiction, interim or security measures may still be relevant, but the relationship between arbitration and local court remedies must be assessed under applicable law.

There is no single cost applicable to every case. Costs depend on the country, court, claim value, urgency, evidence, required security and whether negotiations or formal proceedings are necessary.

Ideally, send the invoice, purchase order or service agreement, delivery or service acceptance documents, correspondence with the vessel or debtor, vessel name and IMO number, debtor details and a current statement of account. Additional documents can be requested after the initial review.

Yes. We can review the circumstances of your maritime claim and coordinate with appropriate maritime lawyers and local legal professionals in the relevant South American jurisdiction. Depending on the case, this may include maritime debt collection, ship supplier claims, vessel arrest assessment, maritime liens, shipping disputes or other vessel-related legal matters.