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• Shipping Law

• • Overview

  Put Simply...

  Shipping law deals with the movement of goods and passengers by sea, sorted into ‘wet’ and ‘dry’ shipping, where wet shipping refers to incidents or issues which come up during the actual voyage; dry shipping refers to all other matters such as contracts, charter agreements, construction and funding for ships, port and harbour infrastructure, etc.

  What is involved in Shipping Law?

  Most disputes arising out of both wet and dry shipping are greatly based on contract and tort laws. English admiralty law is a popular and generally accepted reference even in overseas jurisdictions. Given the pan-global nature of international trade, it is inevitable that a majority of cases which come before the courts have plenty of international favour.
  
  Typical ‘wet’ disputes that arise are accidents, collisions, loss or destruction of freight at sea, piracy, explosions or capture by hostile groups, transgressing in to territorial waters of other countries without approval or prior notice and salvage operations.
  
   ‘Dry’ shipping disputes can be contractual breaches, infringement of ownership rights, manufacturing defects, insurance and reinsurance matters, portage, commissioning and decommissioning of vessels.

  What is needed for Shipping Law?

  A barrister working on admiralty cases should have mastery of contracts, commercial law and torts. The nature of disputes coming in from the shipping sector will mostly involve issues of contractual significance; however, in some instances there could be a requirement to have some industry-specific and technical knowledge.

  A general proficiency in areas other than law also proves helpful since it helps in getting to the heart of the dispute and then applying suitable legal principles. Logical reasoning, a disciplined approach to work, meticulous attention to detail and a cogent and creative thought process are the other desired qualities. It goes without saying that, in general, aspirations of becoming a barrister should be backed by an excellent academic record – a first class degree and good grades; proficiency in verbal and written communication; people management and interpersonal skills.

  Current Climate for Shipping Law

  The number of cases coming up for pleading before the courts is slowly decreasing due to the growing preference for alternative methods for dispute resolution such as arbitration and mediation. Many clients also prefer to curtail costs by approaching barristers directly.
  
  The growth of international trade, new emerging markets and commodity trading at a peak, freight, cargo and other transportation and maintenance costs have increased. Therefore, even if the number of cases to be heard is down, the value of such cases has actually moved upwards. Fresh regulations on safety and renewed demands for compliance with international safeguards have also brought down the incidence of accidents and collisions at sea.
  
  

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