A comprehensive guide by TRW Law Firm
This comprehensive guide provides detailed insights into admiralty and maritime dispute resolution in Bangladesh, covering the legal framework, court jurisdiction, types of maritime claims, and effective resolution strategies.
With Bangladesh's strategic location along major shipping routes and its growing maritime industry, understanding the legal aspects of maritime disputes is essential for shipowners, charterers, cargo interests, and other maritime stakeholders.
TRW Law Firm brings decades of experience in handling complex maritime disputes in Bangladesh, offering expert legal guidance and representation to both local and international clients.
The maritime legal framework in Bangladesh is governed by both domestic legislation and international conventions. This section outlines the key legal instruments that form the basis of admiralty and maritime law in Bangladesh.
The Admiralty Court Act, 2000 is the primary legislation governing admiralty jurisdiction in Bangladesh. It establishes the High Court Division of the Supreme Court as the Admiralty Court and defines its jurisdiction over maritime claims.
The Act provides comprehensive provisions for the arrest of vessels, maritime liens, priority of claims, and procedural aspects of admiralty cases. It aligns Bangladesh's admiralty law with international standards while addressing local maritime needs.
Bangladesh is a party to several international maritime conventions that influence its admiralty law, including:
The Admiralty Court in Bangladesh has exclusive jurisdiction over maritime disputes. This section explains the scope and extent of this jurisdiction.
The High Court Division of the Supreme Court of Bangladesh functions as the Admiralty Court. It has original jurisdiction to hear and determine admiralty cases, with appeals lying to the Appellate Division of the Supreme Court.
The Admiralty Court is presided over by judges with specialized knowledge of maritime law, ensuring expert handling of complex admiralty matters.
The Admiralty Court has jurisdiction over the following matters:
The Admiralty Court's jurisdiction extends to:
Maritime claims encompass a wide range of disputes in the shipping and maritime industry. This section details the various types of maritime claims recognized in Bangladesh and the procedures for pursuing them.
Ship arrest is a powerful legal remedy in maritime disputes, allowing claimants to secure their claims by detaining a vessel. In Bangladesh, the procedure involves:
Vessels can be released upon providing adequate security, typically in the form of a bank guarantee or P&I Club letter of undertaking.
Claims for loss of or damage to cargo are common in maritime disputes. These claims typically involve:
Cargo claims in Bangladesh are governed by the Carriage of Goods by Sea Act, 1925, which incorporates the Hague Rules. Time limitation for cargo claims is typically one year from delivery or the date when delivery should have occurred.
Collision claims arise from accidents between vessels, while salvage claims involve compensation for saving vessels or cargo in peril. Both types of claims require specialized legal expertise due to their technical nature and the complex liability issues involved.
Bangladesh courts follow international principles in determining liability in collision cases and salvage awards, with reference to the International Regulations for Preventing Collisions at Sea (COLREGS) and the International Convention on Salvage.
Ship mortgage claims involve the enforcement of security interests in vessels. Bangladesh law recognizes the priority of properly registered mortgages in the distribution of proceeds from vessel sales.
Mortgagees can enforce their rights through admiralty proceedings, including the arrest and judicial sale of vessels. The Admiralty Court ensures that the proceeds are distributed according to the established order of priorities.
Maritime disputes can be resolved through various methods, including litigation, arbitration, and alternative dispute resolution. This section outlines the different approaches to resolving maritime disputes in Bangladesh.
The traditional approach to resolving maritime disputes in Bangladesh is through litigation in the Admiralty Court. The process typically involves:
Court litigation provides a formal and structured process with the advantage of judicial authority and enforceability of judgments.
Arbitration is increasingly popular for resolving maritime disputes due to its flexibility, confidentiality, and potential for faster resolution. Maritime contracts often include arbitration clauses specifying venues such as:
The Arbitration Act, 2001 governs arbitration proceedings in Bangladesh and provides for the recognition and enforcement of foreign arbitral awards.
Mediation and direct negotiation offer less formal approaches to dispute resolution, allowing parties to maintain commercial relationships while finding mutually acceptable solutions.
These methods are particularly effective for disputes where:
TRW Law Firm facilitates mediation and negotiation processes, helping parties reach amicable settlements without protracted litigation.
The enforcement of maritime judgments and arbitral awards in Bangladesh follows established legal procedures:
Enforcement may involve the attachment and sale of assets, including vessels present in Bangladeshi waters.
TRW Law Firm has successfully handled numerous maritime disputes across various categories. The following case studies highlight our expertise and approach to resolving complex admiralty matters.
Challenge: Our client, a leading bunker supplier, was owed USD 245,000 for bunker supplied to MV Ocean Navigator. The vessel's charterer had defaulted on payment, and the vessel was scheduled to depart Bangladesh within 24 hours.
Solution: TRW Law Firm filed an urgent admiralty suit and arrest application, obtaining an arrest order within 6 hours. The vessel was detained at Chattogram port, and we negotiated with the P&I Club for security.
Outcome: The shipowner provided a bank guarantee for the full claim amount plus interest. The vessel was released, and our client received full payment following an expedited hearing.
Challenge: A consignment of 30,000 MT of wheat arrived in Bangladesh with significant moisture damage. The cargo receivers claimed USD 1.2 million in damages against the vessel owner and charterer.
Solution: Representing the vessel owner, TRW Law Firm conducted a thorough investigation, obtaining weather reports, survey records, and loading documentation. We established that the damage occurred primarily due to inherent vice in the cargo and pre-shipment conditions.
Outcome: Through strategic negotiation and presentation of technical evidence, we secured a settlement at 15% of the claimed amount, avoiding protracted litigation and vessel detention.
Challenge: A collision between a container vessel (MV Seagull) and an oil tanker (MT Prosperity) in Chattogram outer anchorage resulted in significant damage to both vessels and oil spillage. Multiple claims and counterclaims were filed.
Solution: Representing the owners of MV Seagull, TRW Law Firm coordinated with maritime experts, analyzed VDR data, and engaged with environmental authorities. We developed a comprehensive legal strategy addressing liability, limitation, and environmental compliance.
Outcome: The matter was resolved through a combination of court proceedings and negotiated settlement, with liability apportioned 70:30 between the vessels. Our client's exposure was significantly reduced from the initial claim.
Challenge: Twelve Bangladeshi seafarers had not received wages for over four months following the financial difficulties of their employer. The vessel was arrested by other creditors in Mongla port.
Solution: TRW Law Firm filed intervention applications on behalf of the seafarers, asserting the priority of their wage claims. We coordinated with the Bangladesh Merchant Marine Officers' Association and international seafarer welfare organizations.
Outcome: The court recognized the priority of the seafarers' claims, and they received full payment of their outstanding wages from the proceeds of the vessel's judicial sale.
TRW Law Firm's admiralty and maritime practice is led by a team of experienced lawyers with specialized expertise in maritime law. Our team combines academic excellence with practical industry knowledge to provide exceptional legal services.
Name Partner
Barrister Tahmidur Rahman leads our admiralty and maritime practice with extensive experience in complex maritime disputes. He has successfully represented clients in numerous ship arrest cases and international maritime arbitrations.
Barrister-at-Law (Lincoln's Inn)
Name Partner
Barrister Remura Mahbub specializes in maritime claims, international trade, and shipping disputes. She has represented major shipping lines, P&I Clubs, and cargo interests in high-value maritime litigation.
Barrister-at-Law (Lincoln's Inn)
Name & Managing Partner
Adv Syed Wahid oversees the firm's maritime practice operations and specializes in admiralty litigation. He has extensive experience in ship arrest procedures, maritime liens, and enforcement of maritime judgments.
LL.M. in Maritime Law
Partner
Adv Rafy Hossain focuses on maritime arbitration and alternative dispute resolution. He has represented clients in arbitration proceedings under LMAA, SCMA, and ICC rules.
LL.M. in International Commercial Law
Our maritime team works collaboratively, combining specialized expertise to address all aspects of complex admiralty matters. We prioritize:
"TRW Law Firm's maritime team provided exceptional service in a complex ship arrest case. Their quick action and strategic approach secured our claim when time was of the essence."
"The admiralty expertise at TRW Law Firm is outstanding. They successfully navigated our cargo claim through Bangladesh's maritime legal system with professionalism and efficiency."
For assistance with admiralty and maritime matters in Bangladesh, please contact our specialized team. We also provide various resources to help you understand and navigate maritime legal issues.
House 410, Road 29, Mohakhali DOHS
Dhaka, Bangladesh
Phone: +8801708000660, +8801847220062, +8801708080817
Email: info@trfirm.com, info@trwbd.com, info@tahmidur.com
Rolex Building, L-12 Sheikh Zayed Road
Dubai, UAE
Phone: +8801708000660
Email: info@trwbd.com
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