Ship Agency Claims
SHIP AGENCY CLAIMS IN SOUTH AMERICA
LEGAL SUPPORT FOR UNPAID SHIP AGENCY FEES AND MARITIME AGENCY CLAIMS
Ship agents play a central role in the operation of vessels calling at ports. From arranging berthing and port formalities to coordinating crew changes, husbandry services, repairs, spare parts, provisions, medical assistance, transportation and other requirements, a ship agency may manage numerous services on behalf of an owner, operator, charterer or ship manager.
These services often require the agent to make payments and arrangements on short notice and sometimes on behalf of the vessel or its principals. When agency fees, disbursements or other agreed amounts remain unpaid, recovering the outstanding balance can become a complicated cross-border maritime claim.
South America Maritime Claims provides professional legal support and coordinated maritime debt recovery services for ship agents, port agents, husbandry agents and maritime service providers seeking to recover unpaid agency fees and related receivables throughout South America.
We coordinate ship agency claims involving Argentina, Brazil, Chile, Colombia, Ecuador, Peru, Uruguay, Venezuela, Guyana, Suriname, Paraguay and Bolivia, subject to the applicable law and jurisdiction.
WHAT IS A SHIP AGENCY CLAIM?
A ship agency claim may arise when a ship agent has provided agreed services to a vessel or its principal but has not received the contractual payment.
Typical claims may include:
- Outstanding ship agency fees
- Port agency fees
- Husbandry services
- Port disbursements
- Advance payments made on behalf of principals
- Crew change expenses
- Launch and boat services
- Transportation expenses
- Medical arrangements
- Immigration and customs coordination
- Pilotage and port-related expenses
- Tug and mooring arrangements
- Fresh water arrangements
- Garbage and waste services
- Ship repair coordination
- Spare parts and delivery arrangements
- Survey and inspection arrangements
- Emergency attendance
- Cash-to-master related expenses
- Other vessel-related disbursements
The precise nature of the claim depends on the agency agreement, instructions received from the principal and the services or payments actually provided.
WHO IS RESPONSIBLE FOR PAYMENT?
Ship agency matters can involve several parties.
The agency appointment may come from:
- The registered shipowner
- Ship manager
- Technical manager
- Commercial operator
- Charterer
- Disponent owner
- Overseas ship agency
- NVOCC or logistics company
- Vessel operator
- Another intermediary
In some cases, the local ship agent may have dealt primarily with an overseas company rather than directly with the registered owner.
Determining the contractual relationship is therefore essential before commencing recovery proceedings.
We review the appointment, correspondence, agency agreement, port instructions, invoices, statements of account and other relevant documents to identify the appropriate debtor and establish the basis of the claim.
PORT DISBURSEMENT ACCOUNT CLAIMS
Port Disbursement Accounts, or PDAs, and Final Disbursement Accounts, or FDAs, are frequently central to ship agency claims.
A local agent may advance substantial amounts for port charges and vessel services before receiving reimbursement from the principal.
Disputes may arise concerning:
- Port costs
- Agency commissions
- Disbursement items
- Additional services
- Crew expenses
- Launch services
- Customs and immigration costs
- Husbandry expenses
- Emergency expenditures
- Exchange-rate differences
- Unapproved or allegedly excessive charges
A detailed account supported by invoices, receipts and third-party documentation can be important when establishing the amount due.
DOCUMENTATION FOR SHIP AGENCY CLAIMS
Relevant documents may include:
- Agency appointment
- Agency agreement
- Letter of appointment
- Port instructions
- PDA
- FDA
- Agency invoice
- Third-party supplier invoices
- Port authority invoices
- Receipts
- Bank payment records
- Master's acknowledgements
- Email correspondence
- Statements of account
- Service confirmations
- Crew-change documentation
- Customs and immigration records
- Repair or husbandry service records
The complete documentary record can help establish what services were requested, what expenditure was incurred and which party was responsible for reimbursement.
SHIP AGENCY CLAIMS AND VESSEL ARREST
An important consideration in some maritime disputes is whether the claim may support vessel arrest, attachment or another form of security.
However, an unpaid ship agency invoice does not automatically create a right to arrest a vessel.
The availability of such remedies depends on the applicable law, the nature of the claim, the contractual relationship, vessel ownership, the jurisdiction and other relevant circumstances.
For this reason, we coordinate with local maritime counsel to assess the specific legal position before recommending judicial action.
Where a security measure may be legally available, the relevant local lawyers can assess the applicable court procedure, evidence and requirements.
SHIP AGENCY CLAIMS ACROSS SOUTH AMERICA
Our South American network covers the principal maritime jurisdictions and ports.
BRAZIL
We coordinate ship agency claims involving Santos, Rio de Janeiro, Paranaguá, Itajaí, Rio Grande, Vitória, Suape and other Brazilian ports.
ARGENTINA
Claims involving Buenos Aires, La Plata, Bahía Blanca, Rosario and other Argentine ports can be assessed and coordinated.
CHILE
We assist with agency claims involving Valparaíso, San Antonio, Talcahuano, San Vicente, Antofagasta, Iquique and other Chilean ports.
COLOMBIA
We coordinate claims involving Cartagena, Barranquilla, Santa Marta, Buenaventura and other Colombian maritime locations.
PERU
Claims connected with Callao, Paita, Matarani, Ilo, Salaverry and Pisco can be assessed.
URUGUAY
We cover claims involving Montevideo, Nueva Palmira and other Uruguayan ports.
ECUADOR, VENEZUELA, GUYANA AND SURINAME
Ship agency claims involving these jurisdictions can also be assessed and coordinated according to the applicable local legal framework.
OUR SHIP AGENCY DEBT RECOVERY PROCESS
We follow a structured approach to ship agency claims:
Claim Submission → Agency Agreement Review → PDA/FDA Review → Documentation Assessment → Debtor Identification → Vessel & Ownership Research → Jurisdiction Assessment → Legal Demand → Negotiation → Security Assessment → Court Proceedings → Enforcement
The appropriate route depends on the specific circumstances of each matter.
Where a settlement can resolve the claim efficiently, negotiations may be pursued. Where formal legal proceedings are required, the matter can be coordinated with appropriate local maritime counsel.
WHY EARLY ACTION MATTERS
A vessel can leave a port within a short period. If a ship agent has an unpaid balance, waiting until the vessel has departed can sometimes make the practical recovery process more difficult.
Information such as the vessel name, IMO number, current location, next port, owner, operator, manager, charterer and contractual principal can therefore be valuable from the beginning.
Early legal assessment allows the available options to be considered while the relevant information and jurisdictional opportunities remain available.
SUBMIT YOUR SHIP AGENCY CLAIM
If your company is owed agency fees, PDA/FDA balances, disbursements or other vessel-related expenses, provide us with the available documentation for assessment.
Useful information includes:
Vessel Name • IMO Number • Agency Appointment • PDA/FDA • Invoice • Outstanding Amount • Principal Details • Vessel Owner / Manager • Port of Service • Relevant Correspondence
Our team can review the claim and coordinate with appropriate local maritime counsel to determine the available recovery and legal options.
SHIP AGENCY CLAIMS ACROSS SOUTH AMERICA
Unpaid Agency Fees | PDA & FDA Recovery | Port Agency Claims | Husbandry Claims | Maritime Debt Recovery | Vessel Security Assessment | Maritime Legal Support
From routine unpaid agency fees to substantial disputed disbursement accounts, we provide structured legal support for ship agency claims and maritime debt recovery throughout South America.