Guide to Maritime Claims in Bangladesh
This guide provides an overview of the various types of maritime claims recognized under Bangladesh law and the procedures for pursuing them.
Cargo Claims
Claims for loss of or damage to cargo carried by sea are among the most common maritime claims in Bangladesh.
Key Requirements:
- Bill of lading or other transport document
- Commercial invoice and packing list
- Survey report documenting the damage or loss
- Photographs of damaged cargo (if available)
- Correspondence with the carrier regarding the claim
- Evidence of the value of the goods
Time Limits:
- Notice of damage: Within 3 days of delivery
- Notice of non-delivery: Within 90 days of when delivery should have occurred
- Legal action: Within 1 year from delivery or when delivery should have occurred
Cargo claims in Bangladesh are governed by the Carriage of Goods by Sea Act, 1925, which incorporates the Hague Rules. The carrier's liability is subject to certain exceptions and limitations as provided in these rules.
Ship Arrest Claims
Ship arrest is a powerful legal remedy that allows claimants to secure their maritime claims by detaining a vessel.
Key Requirements:
- Evidence of a maritime claim as defined in the Admiralty Court Act, 2000
- Vessel details (name, IMO number, flag, ownership)
- Vessel's current location in Bangladesh waters
- Security deposit for court fees and potential damages
- Power of attorney for legal representation
The Admiralty Court Act, 2000 provides a comprehensive list of maritime claims that can give rise to the right of arrest, including:
- Claims for possession or ownership of a vessel
- Claims in respect of a mortgage or charge on a vessel
- Claims for damage done by or to a vessel
- Claims for loss of life or personal injury
- Claims for loss of or damage to goods carried by a vessel
- Claims for salvage, towage, and pilotage
- Claims for goods, materials, or services supplied to a vessel
- Claims by master or crew for wages
Collision Claims
Claims arising from collisions between vessels involve complex liability issues and often substantial damages.
Key Requirements:
- Incident report and log book entries
- Witness statements from crew members
- VDR (Voyage Data Recorder) data if available
- Survey reports documenting damage
- Repair specifications and invoices
- Evidence of compliance with COLREGS
Time Limits:
- Legal action: Within 2 years from the date of the collision
Bangladesh courts follow the International Regulations for Preventing Collisions at Sea (COLREGS) in determining liability in collision cases. Liability may be apportioned between vessels based on their respective fault.
Salvage Claims
Salvage claims involve compensation for saving vessels or cargo in peril at sea.
Key Requirements:
- Evidence of the peril faced by the salvaged vessel or property
- Documentation of the salvage services provided
- Evidence of the success of the salvage operation
- Valuation of the salvaged vessel and cargo
- Details of expenses incurred during the salvage operation
Salvage awards in Bangladesh are determined based on the following factors:
- The value of the salvaged vessel and cargo
- The skill and efforts of the salvors
- The nature and degree of the danger
- The time spent and expenses incurred
- The risk of liability faced by the salvors
Comparison of Maritime Claim Types
| Claim Type |
Governing Law |
Time Limitation |
Security Options |
| Cargo Claims |
Carriage of Goods by Sea Act, 1925 |
1 year |
Ship arrest, Bank guarantee, P&I Club LOU |
| Collision Claims |
Admiralty Court Act, 2000; COLREGS |
2 years |
Ship arrest, Bank guarantee, P&I Club LOU |
| Salvage Claims |
Admiralty Court Act, 2000 |
2 years |
Ship arrest, Bank guarantee, P&I Club LOU |
| Crew Wage Claims |
Admiralty Court Act, 2000; Merchant Shipping Ordinance |
3 years |
Ship arrest, Priority in judicial sale proceeds |
| Mortgage Claims |
Admiralty Court Act, 2000 |
12 years |
Ship arrest, Judicial sale |
